03/03/2009 08:00 AM House COMMUNITY & REGIONAL AFFAIRS
| Audio | Topic |
|---|---|
| Start | |
| HB74 | |
| HB19 | |
| HJR20 | |
| HB19 | |
| HB153 | |
| Adjourn |
+ teleconferenced
= bill was previously heard/scheduled
| += | HB 74 | TELECONFERENCED | |
| *+ | HB 19 | TELECONFERENCED | |
| *+ | HJR 20 | TELECONFERENCED | |
| *+ | HB 153 | TELECONFERENCED | |
| + | TELECONFERENCED |
ALASKA STATE LEGISLATURE
HOUSE COMMUNITY AND REGIONAL AFFAIRS STANDING COMMITTEE
March 3, 2009
8:03 a.m.
MEMBERS PRESENT
Representative Bob Herron, Co-Chair
Representative Cathy Engstrom Munoz, Co-Chair
Representative John Harris
Representative Wes Keller
Representative Sharon Cissna
MEMBERS ABSENT
Representative Charisse Millett
Representative Berta Gardner
COMMITTEE CALENDAR
HOUSE BILL NO. 74
"An Act relating to the Alaska coastal management program; and
establishing the Alaska Coastal Policy Board."
- MOVED CSHB 74(CRA) OUT OF COMMITTEE
HOUSE BILL NO. 19
"An Act exempting the state and its political subdivisions from
daylight saving time."
- HEARD AND HELD
HOUSE JOINT RESOLUTION NO. 20
Urging the United States Congress to end daylight saving time.
- MOVED HJR 20 OUT OF COMMITTEE
HOUSE BILL NO. 153
"An Act exempting municipal boards, committees, commissions, or
other similar bodies from the requirements of conducting
meetings open to the public when a meeting is administrative or
managerial in nature; and amending the definition of 'meeting'
as it relates to public governmental meetings."
- HEARD AND HELD
PREVIOUS COMMITTEE ACTION
BILL: HB 74
SHORT TITLE: COASTAL MANAGEMENT PROGRAM
SPONSOR(s): REPRESENTATIVE(s) JOULE, EDGMON, BUCH
01/20/09 (H) PREFILE RELEASED 1/16/09
01/20/09 (H) READ THE FIRST TIME - REFERRALS
01/20/09 (H) CRA, RES, FIN
02/10/09 (H) CRA AT 8:00 AM BARNES 124
02/10/09 (H) Heard & Held
02/10/09 (H) MINUTE(CRA)
02/24/09 (H) CRA AT 8:00 AM BARNES 124
02/24/09 (H) Heard & Held
02/24/09 (H) MINUTE(CRA)
03/03/09 (H) CRA AT 8:00 AM BARNES 124
BILL: HB 19
SHORT TITLE: ELIMINATE DAYLIGHT SAVING TIME
SPONSOR(s): REPRESENTATIVE(s) FAIRCLOUGH
01/20/09 (H) PREFILE RELEASED 1/9/09
01/20/09 (H) READ THE FIRST TIME - REFERRALS
01/20/09 (H) CRA, L&C
03/03/09 (H) CRA AT 8:00 AM BARNES 124
BILL: HJR 20
SHORT TITLE: REPEAL FEDERAL DAYLIGHT SAVING TIME
SPONSOR(s): REPRESENTATIVE(s) FAIRCLOUGH
02/23/09 (H) READ THE FIRST TIME - REFERRALS
02/23/09 (H) CRA, L&C
03/03/09 (H) CRA AT 8:00 AM BARNES 124
BILL: HB 153
SHORT TITLE: OPEN MEETINGS: EXCEPTION AND DEFINITION
SPONSOR(s): COMMUNITY & REGIONAL AFFAIRS BY REQUEST
02/25/09 (H) READ THE FIRST TIME - REFERRALS
02/25/09 (H) CRA, JUD
03/03/09 (H) CRA AT 8:00 AM BARNES 124
WITNESS REGISTER
REPRESENTATIVE ANNA FAIRCLOUGH
Alaska State Legislature
Juneau, Alaska
POSITION STATEMENT: Spoke as the sponsor of HB 19.
CRYSTAL KOENEMAN, Staff
Representative Anna Fairclough
Alaska State Legislature
Juneau, Alaska
POSITION STATEMENT: Presented HB 19 on behalf of the sponsor,
Representative Fairclough.
LYNN WILLIS
Eagle River, Alaska
POSITION STATEMENT: Testified in support of HB 19.
REPRESENTATIVE ANNA FAIRCLOUGH
Alaska State Legislature
Juneau, Alaska
POSITION STATEMENT: Spoke as the sponsor of HJR 20.
RENE BROKER, Attorney
Fairbanks North Star Borough
Fairbanks, Alaska
POSITION STATEMENT: Testified in support of HB 153.
LUKE HOPKINS, Member
Fairbanks North Star Assembly;
Member
Alaska Municipal League
Fairbanks, Alaska
POSITION STATEMENT: Testified in support of HB 153.
ACTION NARRATIVE
8:03:51 AM
CO-CHAIR BOB HERRON called the House Community and Regional
Affairs Standing Committee meeting to order at 8:03 a.m.
Representatives Herron, Munoz, Keller, and Cissna were present
at the call to order. Representative Harris arrived as the
meeting was in progress.
HB 74-COASTAL MANAGEMENT PROGRAM
8:04:22 AM
CO-CHAIR HERRON announced that the first order of business would
be HOUSE BILL NO. 74, "An Act relating to the Alaska coastal
management program; and establishing the Alaska Coastal Policy
Board."
8:05:03 AM
REPRESENTATIVE KELLER requested a moment of silence in
observance of the death of Curt Menard, a former legislator.
8:05:54 AM
CO-CHAIR MUNOZ moved that the committee adopt Amendment 1 [to
CSHB 74, Version E], as follows:
Page 7, line 21,
replace "contemporary" with "scientific"
delete "traditional"
REPRESENTATIVE CISSNA objected.
CO-CHAIR MUNOZ explained that the aforementioned amendment was
offered by Representative Millet because the term "contemporary"
leaves much opportunity for interpretation as it's not very well
defined in law or in practice. Furthermore, the term "local
knowledge" seems to cover "traditional knowledge" and
"scientific" would seem to incorporate areas of science and
specific criteria.
CO-CHAIR HERRON noted that the amendment is supported by
Representative Joule, the sponsor of HB 74.
8:08:35 AM
CO-CHAIR MUNOZ, in response to Representative Cissna, explained
that the terms "local" and "traditional" are considered very
similar.
8:09:21 AM
REPRESENTATIVE CISSNA removed her objection. There being no
further objection, Amendment 1 was adopted.
8:09:35 AM
CO-CHAIR MUNOZ moved to adopt CSHB 74, Version 26-LS0322\E,
Bullock, 2/25/09, as amended, as the working document. There
being no objection, Version E, as amended, was before the
committee.
8:10:04 AM
CO-CHAIR MUNOZ moved to report CSHB 74, Version 26-LS0322\E,
Bullock, 2/25/09, [as amended], out of committee with individual
recommendations and the accompanying fiscal notes. There being
no objection, CSHB 74(CRA) was reported from the House Community
and Regional Affairs Standing Committee.
The committee took an at-ease from 8:10 a.m. to 8:13 a.m.
HB 19-ELIMINATE DAYLIGHT SAVING TIME
8:13:07 AM
CO-CHAIR HERRON announced that the next order of business would
be HOUSE BILL NO. 19, "An Act exempting the state and its
political subdivisions from daylight saving time."
8:13:40 AM
REPRESENTATIVE ANNA FAIRCLOUGH, Alaska State Legislature,
speaking as the sponsor of HB 19, related that over the past two
years her community has raised the need to eliminate the use of
daylight saving time.
8:14:32 AM
CRYSTAL KOENEMAN, Staff, Representative Anna Fairclough, Alaska
State Legislature, informed the committee that daylight saving
time (DST) began in 1918 in order to conserve resources for
World War I. Congress placed the nation on DST for seven
months. However, DST was so unpopular that it was repealed.
During World War II Congress enacted the Wartime Act, which
reinstated year round DST as a measure to conserve energy and it
remained in effect until after the war. From 1945-1966, U.S.
federal law didn't address DST, and therefore states and
different localities were able to choose DST or not. Most
[states and localities] chose to follow DST from the last Sunday
in April until the last Sunday in September. During the 1950s
many states and localities in the Northeastern U.S. extended DST
until the last Sunday in October. Therefore, the lack of
federal standardization resulted in a patchwork of time [zones]
caused some difficulties with regard to trains and general
travel. In 1966 the Uniform Time Act was instated. Although it
doesn't require that states observe DST, if it is observed it
must be done uniformly. In response to the 1973 energy crisis,
DST in the U.S. began earlier in 1974 and 1975, commencing on
the first Sunday in January to the last Sunday in February 1975.
The extension of DST wasn't continued due to public opposition
to the last sunrise times during the winter months. In 1976 the
nation reverted back to the Uniform Time Act. Ms. Koeneman
related that the last change to DST took place on March 11,
2007, at which point there was an extension to begin on the
second Sunday of March to the first Sunday of November.
8:17:31 AM
REPRESENTATIVE FAIRCLOUGH clarified that in 1983 Alaska Standard
Time was created, which all but a remote area of the Aleutian
Chain followed. She then informed the committee that when
Alaska goes on and off DST, particularly the northern latitudes
are three hours off of their biological clocks and sun time.
Northern Alaska communities are off cycle all the time.
Furthermore, within a week of going on or off DST, the light
[and the time] are in sync in the Interior and mid latitude
areas. Daylight saving time doesn't achieve in Alaska what it
is intended to do on a national level. She noted that the
multiple attempts to repeal DST since 1983 have not been
successful.
REPRESENTATIVE FAIRCLOUGH, referring to a letter her office
produced seeking comments from Alaskans regarding DST, said that
she received 364 responses of which 264 supported the repeal of
DST while 68 opposed the repeal of DST, 12 supported year round
DST, 15 respondents didn't care, and 5 preferred to be three
hours different from the East Coast. The responses from the
Northern regions related that there were disruptions for the
schools in terms of student behavior and testing. The responses
from Southeast Alaska related the desire to stay the same and
remain in sync with Seattle, Washington. She told the committee
of a study performed in Sweden, which found that the heart
attack rate in hospitals increases during the transition on and
off DST. The aforementioned is attributed to the disruption in
sleep, the circadian rhythms, when the time change occurs.
Representative Fairclough reiterated that Alaska's northern
communities are typically off of sun time by three hours for
most of the year. Still, the northern communities are asked to
function like everyone else who is close to the equator. There
were also concerns related regarding safety issues with schools
and students coming to school in the dark. The largest issue in
support of not repealing DST is that businesses won't be able to
communicate on a regular basis with the East Coast and the rest
of the world. However, many believe technology can be
successful in communicating across the world. She then
mentioned a chart that shows the progression of DST across the
world. This chart illustrates that the world is seeing the need
to repeal DST. Representative Fairclough related that she
believes the biggest issue for folks is the need to be
consistent. In conclusion, she highlighted that although there
has been some opposition from businesses in Southeast, there is
overwhelming support for the repeal of DST. In fact, one of the
presidents of a major bank in Alaska is in support of the repeal
of DST.
8:24:40 AM
REPRESENTATIVE CISSNA related her understanding that originally
the reason for DST had to do with conserving energy and fuel
crises. She then opined that Alaska isn't really in touch with
the impacts of the market crash on the Lower 48. However,
Alaska is in touch with the enormous cost of fuel experienced
within the state. She expressed the need for Representative
Fairclough's study to include energy.
REPRESENTATIVE FAIRCLOUGH informed the committee that there are
national studies that illustrate that DST costs more money. She
reiterated that DST [correlates with the actual sun time] within
a week. Typically, those in the northern communities
overwhelmingly dislike DST.
MS. KOENEMAN pointed out that the committee packet should
include a National Geographic article that specifies that in
Indiana when the entire state implemented DST, the Spring 2006,
the residential electricity bills of Indiana homeowners
increased by almost $7 million. The aforementioned can mainly
be attributed to heating and air conditioning use. Some of the
counties didn't use DST while others did, which afforded a
comparison in costs.
8:29:23 AM
REPRESENTATIVE CISSNA noted that rural Alaska and Indiana are
very different.
8:29:47 AM
REPRESENTATIVE KELLER related his understanding that in 1983
when Alaska went to Alaska Standard Time (AST) it was a federal
act not a state act.
REPRESENTATIVE FAIRCLOUGH clarified that her understanding was
that it was an Alaska issue that had to be cleared through the
federal government.
REPRESENTATIVE KELLER remarked that he supports [a time zone]
that makes more sense in Alaska. However, he opined that the
only choice Alaska has is to go on or off DST. He then pointed
out that there are two kinds of consistency, that is consistency
with neighbors in Alaska and consistency with the East Coast.
Therefore, he questioned what can be done to address both.
REPRESENTATIVE FAIRCLOUGH said she would follow-up regarding
whether it was a federal decision. She then opined it would be
optimum for everyone in Alaska to stop using DST.
8:33:03 AM
CO-CHAIR MUNOZ inquired as to the net impact of repealing DST on
Alaskans.
REPRESENTATIVE FAIRCLOUGH explained that when Alaska goes on DST
in spring, for seven months the time is three hours off. When
Alaska goes off DST, then Alaska would be four hours different
for five months. Hawaii and Arizona don't rotate on and off
DST.
8:35:39 AM
REPRESENTATIVE CISSNA asked if Representative Fairclough's
survey was a random sample or self-selecting responses.
REPRESENTATIVE FAIRCLOUGH explained that she put out a press
release and then put out her email address to various
communities. Therefore, it was a random survey that logged the
community from which the response came. The results relate
large differences in opinion depending upon the latitude of
one's residence.
REPRESENTATIVE CISSNA suggested that sometimes the
aforementioned doesn't result in a cross section of people.
Therefore, she expressed interest in more of a random sample "by
energy or by work."
REPRESENTATIVE FAIRCLOUGH informed the committee that two
surveys that weren't random had results supporting the repeal of
DST. In 2005 Helenthal performed a study showing 49 percent of
people in Alaska favored repeal of DST. In 2004, Dittman
performed a study showing 58 percent [of Alaskans surveyed]
supported a repeal of DST of which 70 percent of the respondents
were from rural communities.
8:38:02 AM
CO-CHAIR HERRON asked if there are other states close to making
a change similar to what's proposed in HB 19.
REPRESENTATIVE FAIRCLOUGH informed the committee that the
National Conference of State Legislatures is tracking this
issue, but no other states are addressing DST in the same manner
as Alaska. Although 6-10 states are continually asking
questions about DST, most of the matter comes back to asking
Congress and the Department of Transportation & Public
Facilities to perform a study.
8:40:26 AM
LYNN WILLIS related support for HB 19. Mr. Willis said, "I
simply resent being subjected to such an invasive law that seems
to have no compelling reason for its continued use." He noted
that he maintains a web site relating to Alaska DST and was part
of the effort to place this issue before voters via initiative.
Mr. Willis, noting that the committee packet should include his
written testimony, said that today he would focus on 3 of the 15
reasons to repeal DST in Alaska. With regard to the argument
claiming that DST is necessary to do business in Alaska, he
highlighted that advances in communication technology allows 24
hour contact. Furthermore, the purported benefit of never being
more than one hour behind Seattle or four hours behind New York
may not exist for all businesses. Alaska now has business
relations with the Pacific Far East where DST isn't used,
specifically China and Japan. He then suggested members
consider the impact of DST on an air cargo operation. For
example, in Anchorage a scheduled flight originating from Japan
where DST isn't observed will arrive in Anchorage at noon.
After the change to DST, the flight will then arrive in
Anchorage at 1:00 p.m. He pointed out that since the flight
must leave Anchorage for the Lower 48 at the same local time it
left prior to the change to DST, valuable ground time in
Anchorage for maintenance and cargo sorting will be shortened by
one hour. Mr. Willis then turned to the second reason for the
repeal of DST that being that energy savings is the official
reason the federal government allows individual states to use
DST. However, those at local energy utilities in Anchorage have
related the length of day combined with ambient temperature
impacts energy use in the Railbelt region not changing the time
of sunrise and sunset. Although nationwide energy grids show a
reduction in consumption when DST is in use, regional variances
aren't uniform. In fact, Arizona opted out of DST due to the
increased need for air conditioning when the time of sunset is
delayed during the summer months. The aforementioned is also
being found in Indiana. Alaska isn't on any large power grid
and can't benefit from large power grid energy savings
attributed to the use of DST. Mr. Willis echoed the sponsor's
earlier remarks that the Dittman survey found that 58 percent of
Alaskans surveyed want to keep clocks the same year round while
37 percent favor changing clocks. The Helenthal survey found
that 39.9 percent of those surveyed wanted to repeal DST and
36.6 percent wanted to keep DST. In conclusion, Mr. Willis
urged the committee to vote for HB 19.
8:44:28 AM
REPRESENTATIVE KELLER expressed hope that there is resolution to
this issue that provides consistency all around. He then
thanked Mr. Willis for his work on the issue.
MR. WILLIS pointed out that the US Department of Transportation
creates time zones. The merger of Alaska's three time zones in
1983 was done by the US Department of Transportation.
8:45:32 AM
MR. WILLIS, in response to Representative Cissna, specified that
the Dittman survey asked respondents whether they wanted to keep
their clock the same all year, repeal DST, or change their
clocks. In that poll, 5 percent were unsure. He mentioned that
this poll is on his web site, www.endalaskadst.com.
8:47:03 AM
CO-CHAIR HERRON announced that HB 19 would be held over.
[HB 19 was taken up later in this meeting.]
HJR 20-REPEAL FEDERAL DAYLIGHT SAVING TIME
8:47:23 AM
CO-CHAIR HERRON announced that the next order of business would
be HOUSE JOINT RESOLUTION NO. 20, Urging the United States
Congress to end daylight saving time.
8:47:44 AM
REPRESENTATIVE ANNA FAIRCLOUGH, Alaska State Legislature,
speaking as the sponsor of HJR 20, explained that the reason for
HJR 20 is to raise the issue of ending DST in Congress and to
gather support from other states. The resolution highlights the
concerns with DST, which were discussed earlier in the meeting
when HB 19 was discussed.
8:48:22 AM
CO-CHAIR HERRON asked if other states have concerns with DST.
REPRESENTATIVE FAIRCLOUGH informed the committee that the
National Conference of State Legislatures (NCSL) lists 5-10
states that have taken this issue up over the last few years.
In fact, Florida and California have most recently been
reviewing [the repeal of] DST. She specified that she is
[through HJR 20] asking Congress to speak with the US Department
of Transportation to end DST. She related her belief that
enough support could be rallied nationally to take up the issue.
She acknowledged that DST may or may not save energy and that
current technology could better measure that. She then
highlighted that doctors are engaging in the DST conversation
because of the disruption of circadian rhythms and its impact on
one's body. Those in northern latitudes are further out of sync
than elsewhere in the world, she pointed out.
8:50:27 AM
REPRESENTATIVE HARRIS moved to report HJR 20 out of committee
with individual recommendations and the accompanying fiscal
notes.
REPRESENTATIVE CISSNA objected.
8:50:42 AM
REPRESENTATIVE CISSNA emphasized the need to proceed with care,
particularly due to the current energy situation.
8:52:36 AM
REPRESENTATIVE HARRIS pointed out that HJR 20 has another
committee of referral, the House Labor and Commerce Standing
Committee, and suggested that the resolution be allowed to be
heard in that committee.
8:53:09 AM
REPRESENTATIVE CISSNA reminded the members that this committee
is charged with reviewing the impact of legislation on the
citizens of the state.
8:54:33 AM
CO-CHAIR MUNOZ, referring to the question of energy, pointed out
that in the fall when an hour is lost, houses are lit longer and
more energy is used. She surmised that the aforementioned would
have a negative impact on energy costs.
REPRESENTATIVE FAIRCLOUGH related her agreement with Co-Chair
Munoz. She then related that the communities facing the most
concern with energy consumption are the communities that are
asking for the repeal more than any other region or area.
8:55:50 AM
CO-CHAIR HERRON encouraged Representative Cissna to remove her
objection to HJR 20 and work with the sponsor on HB 19.
8:56:27 AM
REPRESENTATIVE CISSNA withdrew her objection.
There being no further objection, HJR 20 was reported from the
House Community and Regional Affairs Standing Committee.
HB 19-ELIMINATE DAYLIGHT SAVING TIME
8:56:53 AM
CO-CHAIR HERRON returned the committee's attention to HB 19.
8:57:03 AM
CO-CHAIR HERRON highlighted that the committee packet includes
written testimony from Wrangell Public Schools in opposition to
HB 19. However, other Southeast communities support HB 19.
8:57:23 AM
REPRESENTATIVE ANNA FAIRCLOUGH, Alaska State Legislature,
speaking as the sponsor of HB 19, said she didn't want to speak
to that. However, she stated that Southeast overall has been
the most energetic in wanting to keep DST. She reviewed some of
the responses from Seward, Seward Chamber of Commerce, and Eagle
River Chamber of Commerce.
8:58:40 AM
CO-CHAIR HERRON announced that HB 19 would be held over and that
the sponsor and Representative Cissna should work together.
8:59:02 AM
REPRESENTATIVE FAIRCLOUGH asked if Representative Cissna's major
concern is oil consumption and energy costs.
REPRESENTATIVE CISSNA expressed the need for solid scientific
information rather than anecdotal and emotional information.
REPRESENTATIVE FAIRCLOUGH said that she doesn't have the
resources to perform a scientific survey, and therefore she
reached out in the manner that she could.
9:01:15 AM
REPRESENTATIVE CISSNA suggested that the Department of Commerce,
Community, & Economic Development (DCCED) has resources that
could perhaps address this. She also suggested that Homeland
Security could be involved since it closely monitors fuel costs.
9:02:21 AM
CO-CHAIR MUNOZ opined that it's important to recognize that HJR
20 has an additional committee of referral. "And that it's
appropriate, we believe, to move the bill in the near future,"
she related. She then suggested that Representative Cissna and
Representative Fairclough could meet about this issue.
REPRESENTATIVE CISSNA indicated the possibility of tapping into
information that already exists, and expressed interest in doing
so.
REPRESENTATIVE FAIRCLOUGH said that she is happy to reach out to
the Alaska Energy Authority (AEA) and the departments mentioned
earlier in order to determine if there is a way to quantify
those [energy] costs.
9:04:04 AM
CO-CHAIR HERRON announced his intent to schedule HB 19 for March
12th at which time further debate can occur. In response to
Representative Fairclough, Co-Chair Herron said the next hearing
would have invited testimony only.
HB 153-OPEN MEETINGS: EXCEPTION AND DEFINITION
9:05:14 AM
CO-CHAIR HERRON announced that the final order of business would
be HOUSE BILL NO. 153, "An Act exempting municipal boards,
committees, commissions, or other similar bodies from the
requirements of conducting meetings open to the public when a
meeting is administrative or managerial in nature; and amending
the definition of 'meeting' as it relates to public governmental
meetings."
9:05:50 AM
RENE BROKER, Attorney, Fairbanks North Star Borough, speaking on
behalf of the Fairbanks North Star Borough, testified in support
of HB 153 because it fixes two unintended consequences of the
Open Meetings Act. The fixes don't affect the fundamental goals
and intent of the Act. Ms. Broker relayed that [the borough]
has no desire to undermine the public's right to know what it's
government is doing and to participate in important policy
decisions the government is making. She explained that the
legislation adds a very narrow exception, which is limited to
municipal boards when they're meeting solely to make
administrative or managerial decisions. This change serves to
make a distinction from governmental functions that already
exist in the Open Meetings Act. The existing Act already
recognizes that one can't effectively perform day-to-day
administration functions and comply with the Act. The new
language extends the existing narrow exemption to the situation
when the administrative functions are performed by volunteer
boards and commissions rather than municipal employees. For
example, a borough public works department in charge of roads
would receive funding from the local assembly, be given a
budget, and municipal employees would make decisions about day-
to-day administrative decisions regarding what potholes to fix
and which intersections needed brushing for visibility.
However, second class boroughs don't have public works but
rather have road service areas that are subject to the Open
Meetings Act. Therefore, the legislation specifies that when
the road service area staff are performing functions that
municipal employees would otherwise perform, they should be
exempt [from the Open Meetings Act as well]. The legislation
also includes a change to address the anomaly in the Open
Meetings Act, which includes two completely different
definitions of what constitutes a meeting. The Open Meetings
Act has a definition that applies to policy-making bodies, those
bodies that are actually making decisions that bind the
municipality. The aforementioned definition has a numerical
standard with which everyone is likely very familiar. However,
the definition in the Open Meetings Act that only applies to
advisory bodies, which can't bind the municipality, but can only
make a recommendation. The aforementioned definition lacks the
numerical standard, and therefore results in a stricter standard
of meeting for those advisory bodies. Ms. Broker opined that
the aforementioned wasn't intended. In conclusion, Ms. Broker
related that the proposed changes make the Open Meetings Act
stronger, more workable, and more practical.
9:11:56 AM
REPRESENTATIVE HARRIS, recalling his time as a mayor and member
of a city council, said that he understands the difficulties.
He then inquired as to why there's no backup from the Alaska
Municipal League (AML) or any other local governmental entities.
MS. BROKER answered that the matter is currently being
considered by AML. As an active member and former president of
the Municipal Attorneys Association, Ms. Broker said that she
has had a lot of contact with others, the Mat-Su Borough and the
Kenai Peninsula Borough, with the same problem.
REPRESENTATIVE HARRIS remarked that Valdez has the same problem
as well. He then recalled that Cordova had the worst case in
the state with this problem. Representative Harris related that
he is fully in favor of [HB 153].
9:14:16 AM
REPRESENTATIVE CISSNA expressed the need to hear from other
communities on this matter. She acknowledged that it isn't
reasonable to have boards and commissions rise to a higher
standard than larger more important [entities]. However, she
expressed concern with the administrative aspect of the
legislation as she didn't recall boards and commissions being
administrative in function.
9:16:36 AM
REPRESENTATIVE KELLER inquired as to the intent of the co-chairs
with HB 153.
CO-CHAIR HERRON related that he has some concerns that he would
like to voice after the remaining witness, and then the
committee could consider moving out the legislation later.
9:17:04 AM
REPRESENTATIVE KELLER inquired as to the legal definition of
administrative or managerial.
MS. BROKER explained that the mayor and his/her staff are in
charge of the administrative/managerial functions of the
borough. She noted her agreement that it's unusual for boards
and commissions to perform the administrative/managerial
functions because they usually only make recommendations to the
assembly or the mayor. In the Fairbanks North Star Borough, and
most other boroughs, the [boards and commissions] that perform
administrative/managerial functions are limited to road service
areas and fire service areas.
9:19:20 AM
LUKE HOPKINS, Member, Fairbanks North Star Assembly; Member,
Alaska Municipal League, spoke in favor of HB 153. He
characterized the two changes to the Open Meetings Act embodied
in HB 153 as reasonable. He then echoed earlier testimony that
AML has a resolution on this matter that the AML board will hear
in April. Mr. Hopkins related his understanding that the AML
board member from the Anchorage Assembly is in favor of this as
were almost all of the [members from the] Southeast communities.
9:22:54 AM
CO-CHAIR MUNOZ opined that the language "meetings of municipal
boards, committees, commissions, or other similar bodies" seems
to be broad. However, the intent is to address service area
boards, specifically. She opined that amending the language to
state "meetings by service area boards, committees, commissions,
or other similar bodies ..." would provide clarity. The current
language leaves open to interpretation such that it could
include enterprise boards. Co-Chair Munoz said she understands
Representative Cissna's concern, but related that she believes
more specificity could address the situation the Fairbanks North
Star Borough faces.
9:24:15 AM
CO-CHAIR HERRON related that although he supports the intent of
HB 153, he has some concerns with the Open Meetings Act. He
recalled that when he was the city manager of Bethel there was
litigation regarding open meetings. Co-Chair Herron then noted
his agreement with Co-Chair Munoz that the language may be too
broad such that an entity might inadvertently violate the Open
Meetings Act. He suggested working with the borough, developing
some amendments, and hearing the legislation again at the next
meeting.
9:25:43 AM
REPRESENTATIVE HARRIS pointed out that [the legislature] tends
to bend over backwards to regulate the law bodies, such as the
legislature and city councils. However, he opined that more
laws are implemented through regulation by the gubernatorial
administration, municipal administrations yet these entities
aren't governed by the Open Meetings Act. The laws passed by
the legislature are governed by the regulations formed in a
closed environment. He expressed concern with the
aforementioned.
9:29:17 AM
CO-CHAIR HERRON concurred with Representative Harris' remarks,
and then said he would work with the borough to develop some
better language.
9:29:43 AM
REPRESENTATIVE CISSNA commented that specificity would clear up
her concerns. She then expressed the desire to put this
legislation before other communities.
9:30:21 AM
CO-CHAIR HERRON said he intends to deliver an improved piece of
legislation to the next committee of referral, the House
Judiciary Standing Committee.
[HB 153 was held over.]
9:30:45 AM
ADJOURNMENT
There being no further business before the committee, the House
Community and Regional Affairs Standing Committee meeting was
adjourned at 9:30 a.m.
| Document Name | Date/Time | Subjects |
|---|---|---|
| Draft CSHB74(CRA).PDF |
HCRA 3/3/2009 8:00:00 AM |
HB 74 |
| HB 153 Presentation_handout.doc |
HCRA 3/3/2009 8:00:00 AM |
HB 153 |
| HB153 Packet_2-26-09.pdf |
HCRA 3/3/2009 8:00:00 AM |
HB 153 |
| HB 74 Amendment 1.doc |
HCRA 3/3/2009 8:00:00 AM |
HB 74 |
| HB19billpacket.PDF |
HCRA 3/3/2009 8:00:00 AM |
HB 19 |
| HB019-FISCALNOTEGOV-OMB-3-2-09.pdf |
HCRA 3/3/2009 8:00:00 AM |
HB 19 |
| HB153-FISCALNOTE-CED-CRA-03-02-09 .pdf |
HCRA 3/3/2009 8:00:00 AM |
HB 153 |
| HJR20 Study-Does Daylight Saving Save Energy.pdf |
HCRA 3/3/2009 8:00:00 AM |
HJR 20 |
| HJR20BillPacket.PDF |
HCRA 3/3/2009 8:00:00 AM |
HJR 20 |
| HJR20FISCALNOTE-LEG-COU-3-2-09.pdf |
HCRA 3/3/2009 8:00:00 AM |
HJR 20 |
| HB074-FISCAL NOTE-DNR-DCOM-02-06-2009.pdf |
HCRA 3/3/2009 8:00:00 AM |
HB 74 |
| HB74-FISCALNOTE-DEC-CO-2-6-09.pdf |
HCRA 3/3/2009 8:00:00 AM |
HB 74 |