HB 153-OPEN MEETINGS: EXCEPTION AND DEFINITION 9:39:48 AM CO-CHAIR HERRON announced that the next 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." 9:39:54 AM REPRESENTATIVE HARRIS moved to adopt CSHB 153, Version 26- LS0653\E, Kane, 3/5/09, as the working document. There being no objection, Version E was before the committee. 9:40:20 AM CO-CHAIR HERRON explained that Version E tightens the concerns about service area boards. He then related that any discussions regarding improvements to the Open Meetings Act should be addressed in the House Judiciary Standing Committee, the chair of which has agreed to address. He further related his wish to move HB 153 on to the next committee of referral. 9:41:04 AM REPRESENTATIVE HARRIS highlighted that one of the difficulties with issues pertaining to the Open Meetings Act is that it deals with public trust and the public wants to know what's happening. He announced that he supports this legislation, but opined that it's important not to gloss over this topic as insignificant. 9:42:12 AM REPRESENTATIVE HARRIS moved to report CSHB 153, Version 26- LS0653\E, Kane, 3/5/09, out of committee with individual recommendations and the accompanying fiscal notes. REPRESENTATIVE GARDNER objected for discussion purposes. She then requested an explanation as to why it's problematic to have an open meeting on matters that are administrative or managerial in nature. 9:42:38 AM CO-CHAIR HERRON expressed his concern that the intent of the borough is to have legislation that addresses service area boards without a lot of other collateral implications. He related that this committee recognizes that service area board members should be able to meet on the street to address, say a clogged culvert, without posting the meeting and waiting the specified time period before making a decision. Version E allows the aforementioned to happen. However, the proposed legislation tried to carve out requirements for councils, administrative bodies, and assembly bodies. The debate on the aforementioned needs to be addressed in the House Judiciary Standing Committee because of the subtle impacts it may have to the Open Meetings Act. 9:45:30 AM REPRESENTATIVE GARDNER inquired as to why that debate should only occur in the House Judiciary Standing Committee and not in this committee. CO-CHAIR HERRON opined that the Fairbanks North Star Borough is using an abundance of caution in order to avoid challenges in the future. He expressed his desire to move HB 153 to the House Judiciary Standing Committee, which is chaired by a Fairbanks resident. 9:46:31 AM REPRESENTATIVE GARDNER, speaking as a member of this committee, expressed her reluctance to support moving HB 153 when she doesn't understand the ins and outs of the issue. Therefore, she said she maintained her objection. CO-CHAIR HERRON explained that he would like to delete the portion of HB 153 that pertains to the Open Meetings Act and move the portion related to municipal service area boards when they meet solely on administrative and managerial matters. He further explained that he tightened [paragraph] 8 because he was concerned that there would be a degradation of meetings without public notice. He then opined that there's no need to change the Open Meetings Act for organizations, save service areas. The service areas face decisions related to immediate needs for which there would be severe consequences. Therefore, Co-Chair Herron said that he feels comfortable reporting Version E from committee because it addresses the service area boards without changing the Open Meetings Act whereas the previous version of HB 161 addressed service area boards as well as the less important committees in municipalities. 9:49:57 AM REPRESENTATIVE HARRIS called for the question. REPRESENTATIVE GARDNER surmised then that Version E is a narrower focus than the original legislation. CO-CHAIR HERRON replied yes, Version E is narrowed to focus on the service area boards. REPRESENTATIVE GARDNER withdrew her objection. 9:51:18 AM CO-CHAIR HERRON then stated that he has no problem holding HB 153 for further explanation. However, he emphasized that changes to the Open Meetings Act are very serious. He said he didn't want to lessen the importance of a local parks and recreation meeting or a public works meeting, which he indicated would loosen the importance of the Open Meetings Act. 9:52:17 AM CO-CHAIR MUNOZ pointed out that the change in language to paragraph (8) is specific to boards such as road service area boards and fire service area boards, which may have an immediate need to act [prior to being able to meet public notice and hearing requirements]. CO-CHAIR HERRON said that he wanted to take care of the aforementioned boards without other types of boards, such as parks and recreation boards, making decisions without following the Open Meetings Act. 9:53:52 AM There being no further objection, CSHB 153(CRA) was reported from the House Community and Regional Affairs Standing Committee.