SENATE RULES COMMITTEE February 27, 1995 9:05 a.m. MEMBERS PRESENT Senator Mike Miller, Chair Senator Drue Pearce, Vice Chair Senator Jim Duncan Senator Judy Salo MEMBERS ABSENT Senator Bert Sharp COMMITTEE CALENDAR SENATE CONCURRENT RESOLUTION NO. 8 Approving the revised open meetings guidelines proposed by the Select Committee on Legislative Ethics. SENATE BILL NO. 47 "An Act relating to the extent to which the Alaska Public Utilities Commission may exercise its powers when regulating utilities; establishing a regulatory cost charge on public utilities and pipeline carriers; relating to the allocation of costs in hearings before the Alaska Public Utilities Commission; relating to the method by which utilities are exempted from and made subject to regulation by the Alaska Public Utilities Commission; relating to the monetary threshold for regulation of certain kinds of utilities by the Alaska Public Utilities Commission; extending the Alaska Public Utilities Commission; relating to staggered terms for members of the Alaska Public Utilities Commission; and providing for an effective date." PREVIOUS SENATE COMMITTEE ACTION SCR 8 No previous action. SB 47 See Labor and Commerce Committee minutes dated 2/2/95. WITNESS REGISTER Susie Barnett Professional Assistant Select Committee on Legislative Ethics PO Box 101468 Anchorage, AK 99501-1468 POSITION STATEMENT : Available to answer questions. Joe Donahue Chairman Select Committee on Legislative Ethics P.O. Box 101468 Anchorage, AK 99501-1468 POSITION STATEMENT: Available to answer questions. ACTION NARRATIVE TAPE 95-2, SIDE A SRLS - 2/27/95 SCR 8 APPROVING LEG. OPEN MEETINGS GUIDELINES CHAIRMAN MILLER called the Senate Rules Committee meeting to order at 9:05 a.m. He opened the meeting with a public hearing on SCR 8. He announced Susie Barnett was on teleconference from Anchorage, and Joe Donahue would be testifying via teleconference from Kenai. JOE DONAHUE, Chairman of the Select Committee on Legislative Ethics (SCLE), testified in support of SCR 8. He stated SCR 8 is the result of an 18-month process working with open meetings guidelines, and although SCR 8 may not represent the perfect set of guidelines for all members of the Legislature, it adequately represents the principles of open meetings in terms of public awareness and notice, while allowing legislators to get their work done. SENATOR SALO asked for clarification on the provision that allows any 3 legislators to meet in private unless they compose a quorum of a standing or special committee, or subcommittee. She questioned how interactions during functions such as receptions, or dinner, would fit. MR. DONAHUE replied incidental situations were discussed, as well as situations where legislators were at a function called by someone else. The SCLE decided all of those situations would be acceptable as long as the 3 members that constitute the quorum are not discussing the committee's business. He commented that could cover anything from bowling together to attending a panel discussion held by the Alaska Visitors Association (AVA). Number 070 SENATOR MILLER described a scenario in which 10 legislators may be attending an AVA panel discussion, and several of the 10 legislators constituted a quorum of the Finance Committee. He inquired how one of the Finance Committee members might respond to a question from the AVA about its budget. MR. DONAHUE stated he would guess if the individual member wanted to comment to the AVA on his/her thoughts or opinions, that would be appropriate, however, if the Finance Committee members discussed the issue or arrived at a conclusion, that activity would be inappropriate. SENATOR MILLER felt that is a gray area. Number 100 MR. DONAHUE commented that many of those meetings would be public, therefore it would not be a problem. SENATOR MILLER referred to the SCLE' desire to change the notice for first time bill hearings to be announced the previous Wednesday, rather than Thursday. He indicated the House has already made that change, and speculated the Senate will follow, but he asked whether the change would apply to the first time a bill is heard in any committee, or just the first committee of referral. MR. DONAHUE explained the 5-day notice would refer to each committee of referral. Number 138 SENATOR MILLER discussed the law that passed last year which requires the Legislature to accept or reject the guidelines by the 45th day and asked what would happen if only part of the guidelines were accepted. The Rules Committee requested an opinion from the Division of Legal Services and they determined the Legislature could do that since the law was basically silent on that point. He asked if the SCLE would go back and review the guidelines that had been rejected, and submit new guidelines in the next 60 days. MR. DONAHUE replied the SCLE would review and resubmit the guidelines if directed by the Legislature. He noted the SCLE would be concerned, however, that since the guidelines were designed as a total unit, changing one provision may affect others. Number 175 SENATOR SALO referred to the provision in the revised guidelines that requires notice of House and Senate sessions be posted the preceding day. She asked if the SCLE had discussed joint sessions specifically. MR. DONAHUE stated he believed the Committee had assumed joint sessions would be covered under this provision. He recalled stating the opinion that "no notice is not reasonable notice" during the discussion. SENATOR PEARCE moved SCR 8 out of committee with individual recommendations and that it be approved for calendaring. With no objection, so ordered. Number 213 SRLS - 2/27/95 SB 47 APUC EXTENSION AND REGULATORY COST CHARGE  SENATOR MILLER stated the final item on the agenda was SB 47. There being no discussion, SENATOR PEARCE moved SB 47 be approved for calendaring. There being no ojection, so ordered. There being no further business before the committee, SENATOR MILLER adjourned the meeting at 9:13 a.m.