HB 37: OPEN MEETINGS LAW AMENDMENTS Number 156 CHAIRMAN VEZEY read the title to the 2D SSHB 37 and invited its sponsor to the table. Number 166 REPRESENTATIVE JOHN DAVIES, PRIME SPONSOR OF HB 37, outlined his reasoning behind the bill's introduction. He stated the latest version (2D SSHB 37) makes several changes in the existing law, including the requirement of 72 hours' notice of a public meeting; the posting of a meeting's subjects; and, the definition of how many members of a body constitute an official meeting. He noted several lawsuits have yielded conflicting court opinions on the current law, and said the confusion is keeping good people from running for public office. He also cited his own experience on the Fairbanks Borough Assembly, in which a Borough attorney was unable to make sense of the law, and urged members to clarify that law with HB 37. Number 425 CHAIRMAN VEZEY agreed the Open Meetings Act was "broken" and needed to be "fixed." He told the committee he had also been at work on a bill similar to 2D SSHB 37, but had several differences in mind. Those differences included: 1) making an official meeting a gathering of a quorum as opposed to a simple majority of a quorum; 2) excluding attorney-client privilege, because it is guaranteed in the constitution; 3) mandating all parties in an open meetings lawsuit pay their own costs; and, 4) that agency publications need not be provided at teleconference sites. He then called for further testimony on 2D SSHB 37. Number 492 ROSALEE WALKER, PRESIDENT, ALASKA MUNICIPAL LEAGUE, testified in favor of 2D SSHB 37, saying the League supports the idea of open meetings and the current law is too cumbersome. She pointed out in small communities, people are violating the law every day because in some court opinions, two people talking constitutes a meeting. She also cited the last Cordova election, where people refused to run for office because of the open meetings law, and a newcomer was able to win election with a write-in campaign. Number 529 REPRESENTATIVE FRAN ULMER asked if it was critical to pass a new law this year. Number 531 MS. WALKER replied, "The sooner the better." She noted many cities have already lost money fighting lawsuits, and other lawsuits are pending action on 2D SSHB 37. Number 538 REPRESENTATIVE ULMER asked if Ms. Walker had a preference on what constituted a meeting, a quorum or a majority of a body's membership. Number 543 MS. WALKER replied she did not care which one became law. Her primary concern was that cities would have a definite guideline. Number 551 KENT SWISHER, DIRECTOR, ALASKA MUNICIPAL LEAGUE, testified in favor of 2D SSHB 37, saying the League's official position was that a quorum should qualify as the standard for a meeting, and the League would like to see a provision allowing groups to see an individual member of a body without violating the law. He stated that in smaller towns of less than 300, some of the restrictions in 2D SSHB 37 might not be practical. Number 578 WENDY REDMAN, VICE PRESIDENT FOR UNIVERSITY RELATIONS FOR THE UNIVERSITY SYSTEM, testified in favor of 2D SSHB 37, but said the university system would also like to see further clarification of what kinds of meetings would be subject to the law. Number 586 REPRESENTATIVE ULMER asked which standard for an official meeting the university favored, the majority or a quorum. MS. REDMAN responded that the university favored a quorum to be the standard. Number 590 REPRESENTATIVE ULMER stated the revision of the open meetings law had been held up long enough and it might be best to compromise several points of view in a committee substitute (CS). Number 601 CHAIRMAN VEZEY declared he did not submit his version as a CS out of respect to the sponsor of 2D SSHB 37, and asked if Representative Davies had any objection to the idea. Number 614 REPRESENTATIVE DAVIES had no opposition to working on a CS to 2D SSHB 37, but was concerned that under a quorum standard, three or four people on a committee could meet without it constituting an official meeting, and still control an issue. He was also concerned about preventing a series of smaller meetings that would effectively convene a quorum.