SB 15-OPEN MEETINGS ACT; PENALTY   1:33:13 PM CHAIR HOLLAND announced the consideration of SENATE BILL NO. 15, "An Act relating to the Open Meetings Act; and establishing a civil penalty for violations of the open meeting requirements by members of governmental bodies." [CSSB 15(CRA) was before the committee. This was the fifth hearing and public testimony was opened and closed on 3/31/21.] 1:33:34 PM MELODIE WILTERDINK, Staff, Senator Mia Costello, Alaska State Legislature, Juneau, Alaska, on behalf of the sponsor, stated that at the last hearing, the committee adopted amendments to limit SB 15 to elected officials and to create a three-tier penalty provision, she said. If an elected official violates the Open Meetings Act, the official will receive a warning for the first violation, a civil penalty up to $1,000 for the next violation and be subject to a class B misdemeanor for the third violation, punishable for up to 90 days in jail and subject to a fine of up to $2,000. 1:34:23 PM CHAIR HOLLAND opened public testimony on SB 15. 1:34:42 PM FRANK MCQUEARY, President, Alaskans for Open Meetings, Anchorage, Alaska, stated that the three-tier penalty provision does not consider the infraction's severity and may allow people to game the system. He referred to subsection (f), which states that illegal actions may be voidable. He paraphrased that if someone thinks an unlawful act is taking place at a meeting from which the public was excluded, those individuals must file a lawsuit within six months. He viewed this as an onerous process for individuals. Subsection (f) lists nine reasons why a judge should overlook the infraction and let the illegal act stand, which is inappropriate, he said. MR. MCQUEARY explained that the penalties would depend on the number of infractions. However, some violations might be accidental, but others are not. He said he was unsure that a $1,000 fine would be sufficient to deter people from violating the Open Meetings Act. He suggested the committee consider changing "voidable" to "void" to act as a barrier to bad behavior and to eliminate all of the instructions to the court. 1:38:09 PM CHAIR HOLLAND, after first determining no one wished to testify, closed public testimony on SB 15. 1:38:24 PM At ease 1:39:16 PM CHAIR HOLLAND reconvened the meeting. 1:39:28 PM SENATOR HUGHES recalled receiving his e-mail. She offered to work to address Mr. McQueary's concerns in the next committee of referral. 1:40:09 PM CHAIR HOLLAND stated his preference to move the bill. 1:40:39 PM SENATOR KIEHL said the bill has a further referral to the finance committee because of the fiscal notes. Although he has concerns, he will not object to moving the bill. He offered his view that SB 15 does not provide a consistent and rational public policy. For example, the planning commission could restrict people's ability to sell their property, which may be voidable, but the party would not incur a penalty. However, a school board member giving direction to a superintendent on an ongoing program outside of a public meeting could incur jail time. Another issue is that the legislature will impose penalties on public officials that it does not impose on its members. Finally, he expressed concern that local taxpayers in smaller communities will be burdened by costs to defend a city council member and school board members who act in their official capacity. He recalled a city council member faced a $37.50 fine from the Alaska Public Offices Commission (APOC) but the costs to defend the person cost the city $15,000 in taxpayer dollars. 1:43:28 PM SENATOR HUGHES reminded listeners that applying the Open Meetings Act to the legislature would require a separate bill. She stated her view that most people who want to serve also wish to adhere to the laws. She offered her belief that the penalty provision will make people work a little harder to ensure that they uphold the law. She envisioned that getting to the third penalty tier would likely be rare. She said she looked forward to discussing subsection (f) with Mr. McQuery, which is an existing statute and not a provision in the bill. 1:44:54 PM SENATOR SHOWER moved to report SB 15, work order 32-LS-0176\G as amended from committee with individual recommendations and attached fiscal note(s). There being no objection, CSSB 15(JUD) was reported from the Senate Judiciary Standing Committee. 1:45:19 PM At ease