Alaska 32nd Legislature (2021-2022) Status: In Committee 1 R cosponsors

SB 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.

Last action — (S) REFERRED TO FINANCE

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  1. ✓
    Introduced
  2. 2
    In Committee
  3. 3
    Passed Senate
  4. 4
    Passed House
  5. 5
    To Executive
  6. 6
    Enacted

This bill died with 32nd Legislature (2021-2022). It reached “In Committee” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.

This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.

Bill Text

What changed in the latest version

23 added · 51 removed

Plain-language change summary

The changes in SB 15 clarify the penalties for members of governmental bodies who knowingly attend meetings that violate open meeting laws. The revised bill removes the previous framework of warnings and administrative complaints, simplifying it to impose a straightforward civil penalty of up to $1,000 for such violations. This matters because it creates a clear and direct consequence for elected or appointed officials who may disregard transparency requirements, potentially enhancing accountability in government operations.

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32-LS0176\G CS FOR SENATE BILL NO.
32-LS0176\B SENATE BILL NO.
15(CRA) IN THE LEGISLATURE OF THE STATE OF ALASKA THIRTY-SECOND LEGISLATURE - FIRST SESSION BY THE SENATE COMMUNITY AND REGIONAL AFFAIRS COMMITTEE Referred:
15 IN THE LEGISLATURE OF THE STATE OF ALASKA THIRTY-SECOND LEGISLATURE - FIRST SESSION BY SENATOR COSTELLO Introduced:
Judiciary Sponsor(s):
1/22/21 Referred:
SENATOR COSTELLO A BILL FOR AN ACT ENTITLED "An Act relating to the Open Meetings Act;
Community & Regional Affairs, Judiciary A BILL FOR AN ACT ENTITLED "An Act relating to the Open Meetings Act;
establishing a civil penalty for violations of the open meeting requirements by members of governmental bodies;
and establishing a civil penalty for violations of the open meeting requirements by members of governmental bodies." BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA:
and relating to the duties of the Alaska Public Offices Commission and the attorney general." BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA:
AS 15.13 is amended by adding a new section to read:
Sec.
15.13.395.
Open meetings violations.
A person may file with the commission an administrative complaint against a person for a violation described in AS 44.62.310(i), unless the person is a member of the commission.
When an administrative complaint has been filed, the commission shall give the respondent due notice and an opportunity to be heard.
If, at the conclusion of the hearing, the commission determines that the respondent engaged in the alleged violation, the commission shall assess a civil penalty under AS 44.62.310(i).
The commission's determination under this section may be appealed to the superior court under AS 44.62 (Administrative Procedure Act).
SB0015B -1- CSSB 15(CRA) New Text Underlined [DELETED TEXT BRACKETED] 32-LS0176\G * Sec.
2.
AS 44.23.020 is amended by adding a new subsection to read:
(l) If the attorney general receives a complaint against a member of the Alaska Public Offices Commission for a violation described in AS 44.62.310(i), the attorney general shall give the respondent due notice and an opportunity to be heard.
If, at the conclusion of the hearing, the attorney general determines that the respondent engaged in the alleged violation, the attorney general shall assess a civil penalty under AS 44.62.310(i).
The determination of the attorney general under this section may be appealed to the superior court under AS 44.62 (Administrative Procedure Act).
The attorney general shall, by regulation, establish procedures to implement this subsection, including procedures for investigating and holding hearings on complaints.
* Sec.
3.
(5) "public official" has the meaning given in AS 39.50.200 but does not include a judicial officer.
(5) "public official" has the meaning given in AS 39.50.200.
4.
2.
The Alaska Public Offices Commission shall enforce this subsection under AS 15.13.395, except that if a member of the Alaska Public Offices Commission is alleged to have violated this subsection, the attorney general shall enforce this subsection under AS 44.23.020(l).
In this subsection, "governmental body" does not include a community council established by a municipality.
5.
3.
AS 15.13.395, added by sec.
AS 44.62.310(h)(4) and (5), added by sec.
1 of this Act, AS 44.23.020(l), added by sec.
1 of this Act, and AS 44.62.310(i), added by sec.
2 of this Act, AS 44.62.310(h)(4) and (5), added by sec.
2 of this Act, apply to conduct occurring on or after the SB0015A -1- SB 15 New Text Underlined [DELETED TEXT BRACKETED] 32-LS0176\B effective date of this Act.
3 of this Act, and AS 44.62.310(i), added by sec.
SB 15 -2- SB0015A New Text Underlined [DELETED TEXT BRACKETED]
4 of this Act, apply to conduct occurring on or after the effective date of this Act.
CSSB 15(CRA) -2- SB0015B New Text Underlined [DELETED TEXT BRACKETED]
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How this bill changes current law

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The bill establishes penalties for elected officials who violate open meeting requirements, introducing warnings, civil penalties, and criminal charges for repeated violations.

  • AS 15.13

    Sec. 15.13.395. Open meetings violations. A person may file with the commission an administrative complaint against a person for a violation described in AS 44.62.310(i). When an administrative complaint has been filed, the commission shall give the respondent due notice and an opportunity to be heard, except that, if the alleged violation would be the person's third violation, the commission shall refer the matter to the attorney general for criminal proceedings against the respondent under AS 44.62.310(i). If, at the conclusion of the hearing, the commission determines that the respondent engaged in the alleged violation, the commission shall, if the violation is the respondent's first violation, give the respondent a warning under AS 44.62.310(i) or, if the violation is the respondent's second violation, assess a civil penalty under AS 44.62.310(i). The commission's determination under this section may be appealed to the superior court under AS 44.62 (Administrative Procedure Act).

    This section allows for administrative complaints against violators of open meeting laws and establishes processes for warnings, civil penalties, and referrals for criminal proceedings.

  • AS 44.62.310

    (i) A member of a governmental body that is made up of elected public officials who knowingly attends a meeting of the governmental body that violates this section is subject to a warning if the violation is the member's first violation, liable to the state for a civil penalty not to exceed $1,000 if the violation is the member's second violation, or guilty of a class B misdemeanor if the violation is the member's third violation. The Alaska Public Offices Commission shall advise a member in the warning that a second violation is subject to a civil penalty not to exceed $1,000 and a third violation is a class B misdemeanor. The Alaska Public Offices Commission shall enforce this subsection under AS 15.13.395. In this subsection, (1) 'elected public official' means a person who has been elected to a governmental body at a regular or special election held by a municipality, school district, or regional educational attendance area; (2) 'knowingly' has the meaning given in AS 11.81.900(a).

    This subsection specifies penalties for elected officials attending meetings in violation of open meeting laws, establishing a tiered penalty system based on the number of violations.

  • APPLICABILITY. AS 15.13.395, added by sec. 1 of this Act, and AS 44.62.310(i), added by sec. 2 of this Act, apply to conduct occurring on or after the effective date of this Act.

    This section clarifies that the new provisions apply only to violations occurring after the bill's effective date.

Action History

  1. (S) REFERRED TO FINANCE

  2. (S) FIN REFERRAL ADDED AFTER JUD

  3. (S) FN2: ZERO(LAW)

  4. (S) FN1: (ADM)

  5. (S) AM: KIEHL

  6. (S) NR: MYERS, HUGHES, SHOWER

  7. (S) DP: HOLLAND

  8. (S) JUD RPT CS 1DP 3NR 1AM NEW TITLE

  9. (S) Minutes (SJUD)

  10. (S) Moved CSSB 15(JUD) Out of Committee

  11. (S) JUDICIARY at 01:30 PM BUTROVICH 205

  12. (S) Minutes (SJUD)

  13. (S) Heard & Held

  14. (S) JUDICIARY at 01:30 PM BUTROVICH 205

  15. (S) Minutes (SJUD)

  16. (S) Heard & Held

  17. (S) JUDICIARY at 01:30 PM BUTROVICH 205

  18. (S) Minutes (SJUD)

  19. (S) Heard & Held

  20. (S) JUDICIARY at 01:30 PM BUTROVICH 205

  21. (S) Minutes (SJUD)

  22. (S) Heard & Held

  23. (S) JUDICIARY at 01:30 PM BUTROVICH 205

  24. (S) FN1: (ADM)

  25. (S) NR: MYERS, WILSON

  26. (S) DNP: GRAY-JACKSON

  27. (S) DP: HUGHES

  28. (S) CRA RPT CS 1DP 1DNP 2NR NEW TITLE

  29. (S) Minutes (SCRA)

  30. (S) Moved CSSB 15(CRA) Out of Committee

  31. (S) COMMUNITY & REGIONAL AFFAIRS at 03:30 PM BELTZ 105 (TSBldg)

  32. (S) Minutes (SCRA)

  33. (S) Heard & Held

  34. (S) COMMUNITY & REGIONAL AFFAIRS at 03:30 PM BELTZ 105 (TSBldg)

  35. (S) Minutes (SCRA)

  36. (S) Heard & Held

  37. (S) COMMUNITY & REGIONAL AFFAIRS at 03:30 PM BELTZ 105 (TSBldg)

  38. (S) CRA, JUD

  39. (S) READ THE FIRST TIME - REFERRALS

  40. (S) Prefile released 1/8/21

Sponsors

Sponsorship breakdown

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1 sponsors · 0 co-sponsors · 64 not signed on

Sponsors (1)

Co-sponsors (0)

None.

Not signed on (64)

64 members have not signed on to this bill.

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"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

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Subjects

civil-rights elections
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Frequently asked questions

Who sponsors SB 15?
SB 15 is sponsored by Mia Costello (R).
What is the current status of SB 15?
This bill died with 32nd Legislature (2021-2022). It reached “In Committee” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
Where can I track SB 15?
Track SB 15 free on One Click Politics — get push/email alerts when it moves.

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