Legislature(1997 - 1998)
1998-05-01 Senate Journal
Full Journal pdf1998-05-01 Senate Journal Page 3685 SB 358 SENATE BILL NO. 358 An Act relating to disclosure of the use of state funds related to personnel records was read the second time. Senator Taylor moved and asked unanimous consent that the bill be considered engrossed, advanced to third reading and placed on final passage. Without objection, it was so ordered. SENATE BILL NO. 358 was read the third time. Senator Pearce moved that the bill be returned to second reading for the purpose of a specific amendment, that being Amendment No. 1. Without objection, the bill was returned to second reading. Senator Pearce offered Amendment No. 1 : Page 1, lines 1 - 2: Delete "disclosure of the use of state funds related to personnel records" Insert "the disclosure of certain personnel records that include information about the use of public funds" Page 1, lines 4 - 10: Delete all material and insert: "* Sec. 1. AS39.25 is amended by adding a new section to read: 1998-05-01 Senate Journal Page 3686 SB 358 Sec. 39.25.085. Release of certain information in personnel records concerning the use of public funds. (a) A state agency that is authorized by law to audit the state's use of public funds may request the public release to the agency of information contained in a confidential personnel record that relates to the improper use of public funds. The agency holding the records shall release the records relating to the improper use of public funds to the auditing agency unless disclosure is prohibited under this section or other law that protects the records on a basis other than that the records are personnel records. (b) A state agency holding confidential personnel records that are the subject of a request for public release under (a) of this section shall notify the employee who is the subject of the record of the request for public release of information relating to the improper use of public funds and of the procedures that the employee may use to protest the public release of the records. The employee may, within 10 days after receiving notice of the request to release the record, file with the division of finance, Department of Administration, a written objection to the public release. The division of finance shall hold an informal confidential hearing and review the record to determine if the findings and conclusions relating to the improper use of public funds are based on substantial evidence and if the decision in the matter is reasonable. If the division of finance finds that the record is not based on substantial evidence or that the decision is unreasonable, it shall prohibit the public release of the record. (c) Notwithstanding AS39.25.110, this section applies to personnel records of employees in the classified, partially exempt, and exempt services. (d) In this section, "division of finance" means that unit of the Department of Administration that is responsible for the financial records of the state." Senator Pearce moved for the adoption of Amendment No. 1. Senator Duncan objected. Senator Taylor moved and asked unanimous consent for the adoption of the following amendment to Amendment No. 1: 1998-05-01 Senate Journal Page 3687 SB 358 On lines 4, 9, 10, 12, 13, 19, 24: Delete the word funds Replace funds by inserting the word resources Senator Duncan objected. The question being: Shall the amendment to Amendment No. 1 be adopted? The roll was taken with the following result: SB 358 Second Reading amendment to Amendment No. 1 YEAS: 6 NAYS: 14 EXCUSED: 0 ABSENT: 0 Yeas: Donley, Halford, Leman, Miller, Taylor, Ward Nays: Adams, Duncan, Ellis, Green, Hoffman, Kelly, Lincoln, Mackie, Parnell, Pearce, Phillips, Sharp, Torgerson, Wilken and so, the amendment to Amendment No. 1 was not adopted. There being no further objections, Amendment No. 1 was adopted. SENATE BILL NO. 358 am was automatically in third reading. The question being: Shall SENATE BILL NO. 358 am An Act relating to the disclosure of certain personnel records that include information about the use of public funds pass the Senate? The roll was taken with the following result: SB 358 am Third Reading - Final Passage YEAS: 15 NAYS: 5 EXCUSED: 0 ABSENT: 0 Yeas: Donley, Green, Halford, Hoffman, Kelly, Leman, Mackie, Miller, Pearce, Phillips, Sharp, Taylor, Torgerson, Ward, Wilken Nays: Adams, Duncan, Ellis, Lincoln, Parnell and so, SENATE BILL NO. 358 am passed the Senate. 1998-05-01 Senate Journal Page 3688 SB 358 Senator Pearce gave notice of reconsideration.