Legislature(2009 - 2010)CAPITOL 106

03/23/2010 08:00 AM House STATE AFFAIRS

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* first hearing in first committee of referral
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Heard & Held
Heard & Held
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        HB  53-CANDIDATES INELIGIBLE FOR BDS/COMMISSIONS                                                                    
8:12:20 AM                                                                                                                    
CHAIR LYNN announced  that the first order of  business was HOUSE                                                               
BILL NO.  53, "An Act  relating to eligibility for  membership on                                                               
state boards, commissions, and authorities."                                                                                    
8:12:58 AM                                                                                                                    
REPRESENTATIVE  SEATON moved  to adopt  the committee  substitute                                                               
(CS) for HB 53, Version  26-LS0296\E, Bullard, 3/22/10, as a work                                                               
8:13:05 AM                                                                                                                    
REPRESENTATIVE GRUENBERG objected for discussion purposes.                                                                      
8:13:09 AM                                                                                                                    
PRIYA  KEANE, Staff,  Representative  Mike  Doogan, Alaska  State                                                               
Legislature,  on   behalf  of  Representative   Doogan,  sponsor,                                                               
reviewed  the changes  to HB  53 made  in Version  E.   The first                                                               
change,  she noted,  was the  insertion of  "authorities" in  the                                                               
bill  title,  so   that  any  time  boards   or  commissions  are                                                               
mentioned,  authorities  also would  be  mentioned.   The  second                                                               
change,   she  noted,   was  based   on  a   recommendation  from                                                               
Representative Johnson, which was  to add municipal candidates to                                                               
the  list of  those candidates  who  would have  to resign  their                                                               
positions and be ineligible for  service for a year after running                                                               
for office.  Ms. Keane said  the final change was the addition of                                                               
paragraph (2), on page 2, lines 4-7, which read as follows:                                                                     
               (2) has filed a nominating petition,                                                                             
     declaration of candidacy, or  other required filing for                                                                    
     elective  municipal  office,  including  a  seat  on  a                                                                    
     municipal  school  board,  with a  municipal  clerk  or                                                                    
     other municipal official  designated to receive filings                                                                    
     for municipal office;                                                                                                      
MS. KEANE,  in response to Chair  Lynn, said she did  not contact                                                               
anyone in the  Municipal League; however, she said  she did speak                                                               
with Jason Hooley  of the State Boards and  Commissions, who said                                                               
"they didn't have a problem with it."                                                                                           
8:14:54 AM                                                                                                                    
REPRESENTATIVE GRUENBERG  removed his objection to  the motion to                                                               
adopt  the  committee substitute  (CS)  for  HB 53,  Version  26-                                                               
LS0296\E, Bullard,  3/22/10, as  a work draft.   [There  being no                                                               
further objection, Version E was before the committee].                                                                         
MS. KEANE  noted that there  is a typographical error  that would                                                               
require an amendment.                                                                                                           
8:15:30 AM                                                                                                                    
REPRESENTATIVE GRUENBERG  moved to adopt Amendment  1, as follows                                                               
[original punctuation provided]:                                                                                                
     page 1, line 11                                                                                                            
          Delete "service" and insert "serving"                                                                                 
REPRESENTATIVE  SEATON  objected.    He  said  he  does  not  see                                                               
"service" on line 11.                                                                                                           
MS. KEANE said, "It's on line 12."                                                                                              
REPRESENTATIVE GRUENBERG said, "So, I'll  take that as a friendly                                                               
amendment  to  the  amendment."     Therefore,  Amendment  1,  as                                                               
amended, would read as follows:                                                                                                 
     page 1, line 12                                                                                                            
          Delete "service" and insert "serving"                                                                                 
CHAIR  LYNN   announced  that  there  being   no  objection,  the                                                               
amendment to Amendment 1 was adopted.                                                                                           
REPRESENTATIVE SEATON  removed his  objection to Amendment  1, as                                                               
amended.   There  being  no further  objection,  Amendment 1,  as                                                               
amended, was adopted.                                                                                                           
8:17:04 AM                                                                                                                    
REPRESENTATIVE SEATON  expressed concern  that the  proposed bill                                                               
would have a  huge effect on rural Alaska.   He explained that in                                                               
areas  with  smaller populations,  there  are  usually a  limited                                                               
number of people who step up to  serve, and he said he thinks the                                                               
bill would  act as a detriment  to people filing for  office.  If                                                               
they did file  for office and did not win,  [the proposed waiting                                                               
period of a year] would take  away a number of the capable people                                                               
in  those communities.    He  opined that  the  problem that  the                                                               
sponsor  purports to  solve  with  HB 53  does  not outweigh  the                                                               
detriment the proposed legislation would have on rural Alaska.                                                                  
8:18:16 AM                                                                                                                    
REPRESENTATIVE SEATON,  in response to  Representative Gruenberg,                                                               
said  a  majority  of  those  present is  necessary  to  move  an                                                               
amendment,  but  a majority  of  the  total number  of  committee                                                               
members present is necessary to move a bill from committee.                                                                     
REPRESENTATIVE GRUENBERG expressed interest  in getting a vote of                                                               
the  four  committee  members  present  to  move  the  bill  from                                                               
committee, with  a commitment  from the  bill sponsor  to address                                                               
the problems in the bill.                                                                                                       
8:19:46 AM                                                                                                                    
CHAIR LYNN opined that HB 53  is well constructed, but whether or                                                               
not it is a good idea is a philosophical question.                                                                              
8:20:11 AM                                                                                                                    
REPRESENTATIVE  SEATON stated  his position  that this  is not  a                                                               
financial  problem, but  an interrelationship  between government                                                               
and how government  functions.  That is an issue  specific to the                                                               
House  State  Affairs  Standing  Committee,  not  for  the  House                                                               
Finance Committee.   He  reiterated that this  bill would  have a                                                               
detrimental effect on Alaska and he opposes it.                                                                                 
8:21:22 AM                                                                                                                    
REPRESENTATIVE  PETERSEN offered  his belief  that the  intent of                                                               
the bill  is to avoid any  appearance of a conflict  of interest.                                                               
He said  there may be  problems finding people from  rural Alaska                                                               
to serve  on boards and commissions  as a result of  the proposed                                                               
bill, but  "sometimes you  have to sacrifice  one thing  to solve                                                               
8:22:26 AM                                                                                                                    
CHAIR LYNN said  the legislature can do the best  it possibly can                                                               
to  rid   conflict  of  interest,   but  there  will   always  be                                                               
appearances of  it.  He  reviewed the rules of  moving amendments                                                               
and bills out of committee,  noting that the chair has discretion                                                               
in that regard.  He said he  would vote to move the proposed bill                                                               
out  of committee,  but  does not  know  what his  recommendation                                                               
would be in the bill report.                                                                                                    
8:25:06 AM                                                                                                                    
REPRESENTATIVE  MIKE  DOOGAN,   Alaska  State  Legislature,  said                                                               
although he does not share  Representative Seaton's concern about                                                               
the bill,  he does  not see  any reason  to "go  to extraordinary                                                               
lengths to  move the bill  on the  twenty-seventh day out  of its                                                               
first committee."                                                                                                               
8:26:19 AM                                                                                                                    
CHAIR LYNN announced that HB 53 was held over.                                                                                  
8:26:40 AM                                                                                                                    
REPRESENTATIVE  SEATON expressed  his  appreciation  of the  bill                                                               
sponsor  and  the  indulgence  of  the chair.    He  warned  that                                                               
interpreting rules  loosely can set  a precedence to move  a bill                                                               
out of committee without a majority of its full membership.                                                                     

Document Name Date/Time Subjects
01 HB0128A.pdf HSTA 4/7/2009 8:00:00 AM
HSTA 3/23/2010 8:00:00 AM
HB 128
03 Sectional HB 128.pdf HSTA 4/7/2009 8:00:00 AM
HSTA 3/23/2010 8:00:00 AM
HB 128
10 HB 53- Version E.PDF HSTA 3/23/2010 8:00:00 AM
HB 53
11 HB 53- Summary of Changes in CS Version R to E.PDF HSTA 3/23/2010 8:00:00 AM
HB 53
12 HB 53 Sought Nomination Statutes.pdf HSTA 3/23/2010 8:00:00 AM
HB 53
04 HB 128 Amendment.pdf HSTA 4/7/2009 8:00:00 AM
HSTA 3/23/2010 8:00:00 AM
HB 128
05 HB 128 Updated Sectional.pdf HSTA 4/7/2009 8:00:00 AM
HSTA 3/23/2010 8:00:00 AM
HB 128
06 HB128-LEG-SES-04-6-09.pdf HSTA 4/7/2009 8:00:00 AM
HSTA 3/23/2010 8:00:00 AM
HB 128
07 HB128-LEG-SES-03-22-10.pdf HSTA 3/23/2010 8:00:00 AM
HB 128
CSHCR8-pversion.pdf HSTA 3/23/2010 8:00:00 AM
HCR 8-LEG-SES-03-22-10 (2).pdf HSTA 3/23/2010 8:00:00 AM
HCR 8 Sponsor Statement.pdf HSTA 3/23/2010 8:00:00 AM