HB 190-ALASKA SUNSET COMMISSION  3:21:37 PM CHAIR SHAW announced that the next order of business would be HOUSE BILL NO. 190, "An Act establishing a violation for hindering the Alaska Sunset Commission; relating to the duties of the legislature; establishing the Alaska Sunset Commission to review and make recommendations on discontinuation of or changes to state entities; relating to the powers and duties of the Alaska Sunset Commission; and providing for an effective date." [Before the committee was CSHB 190(W&M).] 3:21:52 PM The committee took two back to back at-eases from 3:21 p.m. to 3:25 p.m. 3:25:16 PM CHAIR SHAW stated that CSHB 190(W&M) was in its third hearing and the committee was to hear two proposed amendments from Representative Carpenter and Representative Story. 3:25:40 PM The committee took an at-ease from 3:25 p.m. to 3:34 p.m. 3:34:14 PM REPRESENTATIVE CARPENTER moved to adopt Amendment 1 to CSHB 190(W&M), labeled 33-LS0685\S.8, Wallace, 4/16/24, which read: Page 5, lines 6 - 10: Delete "records, documents, and files of any entity of the state, including any record, document, or file that is (1) attorney work product; (2) an attorney-client communication; or (3) made privileged or confidential by law" Insert "books, accounts, reports, or other records, whether confidential or not, of any entity of the state" Page 5, following line 10: Insert a new subsection to read: "(d) The commission has the power to hold public hearings, administer oaths, issue subpoenas, compel the attendance of witnesses and production of papers, books, accounts, documents, and testimony, and have the deposition of witnesses taken in a manner prescribed by court rule or law for taking depositions in civil actions." Page 5, line 27: Delete "For purposes of this subsection, a communication" Insert "In this subsection, "communication"" Page 7, line 9, following "appropriate.": Insert "Unless confidentiality is expressly waived by the entity of the state, the report may not contain any confidential information obtained by the commission under AS 44.99.710(c)." REPRESENTATIVE WRIGHT objected for the purpose of discussion. 3:34:41 PM DONNA ARDUIN, Staff, Representative Ben Carpenter, explained proposed amendments to CSHB 190 (W&M) on behalf of the bill sponsor, the House Special Committee on Ways and Means. She detailed the goals of CSHB 190 (W&M) and said the proposed amendment would allow for subpoena power to come from legislative audits and rewrite certain statutes relating to the Alaska Sunset Commission (ASC). 3:36:09 PM REPRESENTATIVE STORY commented that she was grateful for Representative Carpenter's decision to remove language regarding the ASC's power to disregard legal rulings. She added that she has not had a chance to review the language being changed by the proposed amendment and asked to hear legal counsel from Megan Wallace of Legislative Legal Services. 3:37:13 PM REPRESENTATIVE STORY asked for Ms. Wallace's opinion on the legality of the proposed ability for the ASC to issue a subpoena. MEGAN WALLACE, Chief Counsel, Legislative Legal Services, Legislative Affairs Agency, answered that the ASC's proposed subpoena power is similar to the subpoena power granted to the Legislative Counsel or the Legislative Audit Division and explained that the difference between the aforementioned examples and the ASC is that the commission is established in the Office of the Lieutenant Governor, which would leave the duty of oversight of the subpoenas being issued to a presiding officer of the commission, not the commissioners themselves. REPRESENTATIVE STORY asked Ms. Wallace if she thought Amendment 1 would give the state legal protections and further questioned if the proposed amendment would "give the state something to be cautious of." MS. WALLACE explained that Legislative Legal Services did not identify any specific legal problems with the proposed amendment but advised that there is a legal risk in allowing the ASC to issue subpoenas. 3:43:57 PM REPRESENTATIVE STORY asked Representative Carpenter if the Texas Sunset Commission has the ability to issue subpoenas as he is proposing the ASC should be allowed to do. 3:44:11 PM REPRESENTATIVE CARPENTER answered that he would have to follow up with information later and clarified that the aim of the proposed legislation is to be able compel the executive branch to participate in the process of reviewing a given organization under audit. 3:45:46 PM MS. ARDUIN added her understanding that there would be a risk to not having the proposed subpoena language in Amendment 1 because there would be no way to get state departments to cooperate with the ASC. 3:46:21 PM REPRESENTATIVE WRIGHT removed his objection to the motion to adopt Amendment 1. There being no further objection, Amendment 1 was adopted. 3:46:36 PM REPRESENTATIVE CARPENTER moved to adopt Amendment 6 to CSHB 190(W&M), labeled 33-LS0685\S.6, Wallace, 4/15/24. Page 7, line 28: Following "unit": Insert "in the executive branch" Following "Alaska": Insert ", but does not include an agency in the judicial or legislative branch of state government" REPRESENTATIVE WRIGHT objected for the purpose of discussion. REPRESENTAITVE CARPENTER explained that Amendment 6 would maintain a separation of powers between the branches of the Alaska State Government by keeping the ASC limited to the executive branch. 3:47:35 PM The committee took an at-ease from 3:47 p.m. to 3:48 p.m. 3:48:20 PM REPRESENTATIVE STORY said she would not be offering her amendment because her concerns were addressed by previously adopted Amendments. 3:48:41 PM REPRESENTATIVE CARPENTER noted that [Amendment 6] was still before the committee 3:49:06 PM REPRESENTATIVE WRIGHT withdrew his objection to the motion to adopt Amendment 6. There being no further objection, Amendment 6 was adopted. 3:49:26 PM The committee took an at-ease from 3:49 p.m. to 3:50 p.m. 3:50:46 PM CHAIR SHAW clarified that Amendment 6 was adopted. 3:51:33 PM REPRESENTATIVE STORY reiterated that she would not be offering her amendment. 3:51:43 PM REPRESENTATIVE WRIGHT moved to report CSHB 190(W&M), as amended, out of committee with individual recommendations and the accompanying fiscal notes. There being no objection, CSHB 190(STA) was reported out of the House State Affairs Standing Committee.