Legislature(1997 - 1998)

1998-05-02 Senate Journal

Full Journal pdf

1998-05-02                     Senate Journal                      Page 3716
SB 358                                                                       
Senator Pearce requested that the reconsideration on SENATE BILL               
NO. 358 am SENATE BILL NO. 358 am An Act relating to the                       
disclosure of certain personnel records that include information about         
the use of public funds be taken up. The bill was before the Senate            
on reconsideration.                                                            
                                                                               
Senator Pearce moved that the bill be returned to second reading for           
the purpose of a specific amendment, that being Amendment No. 2.               
Without objection, the bill was returned to second reading.                    
                                                                               
Senator Pearce offered Amendment No. 2 :                                        
                                                                               
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:                                               
   "* Section 1.  AS39.25 is amended by adding a new section to              
read:                                                                          
	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 audit             
results contained in a confidential personnel record that relate to the        
improper use of public funds.  The agency holding the records shall            
release the audit results 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.                                        
                                                                               
                                                                               

1998-05-02                     Senate Journal                      Page 3717
SB 358                                                                       
	(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 audit results relating to the improper       
use of public funds and of the procedures that the employee may use            
to protest the public release of the audit results.  The employee may,         
within 10 days after receiving notice of the request to release the            
audit results, file with the appropriate reviewing officer a written           
objection to the public release.  The appropriate reviewing officer or         
the officers designee 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              
reviewing officer finds that the audit results are not based on                
substantial evidence or that the decision is unreasonable, the officer         
shall prohibit the public release of the audit results.                        
	(c)  The appropriate reviewing officer for employees of the                   
executive branch, including employees of the University of Alaska,             
is the officer appointed by the director of the division of finance,           
Department of Administration, or the officer's designee.  The                  
appropriate reviewing officer for employees of the judicial branch is          
the administrative director of the court system.  The appropriate              
reviewing officer for employees of the legislative branch is the               
		(1)  director of the Legislative Affairs Agency for                          
employees of the agency;                                                       
		(2)  legislative auditor for employees of the division                       
of legislative audit;                                                          
		(3)  legislative fiscal analyst for employees of the                         
division of legislative finance;                                               
		(4)  ombudsman for employees of the Office of the                            
Ombudsman.                                                                     
	(d)  This section does not apply to the personnel records of                  
legislators or to the records of employees of the legislative branch           
who are not specifically included in (c) of this section.                      
	(e)  Notwithstanding AS39.25.110, this section applies to                     
personnel records of employees in the classified, partially exempt,            
and exempt services except as provided in (d) of this section.                 
                                                                               
                                                                               

1998-05-02                     Senate Journal                      Page 3718
SB 358                                                                       
	(f)  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. 2.                      
Without objection, Amendment No. 2 was adopted.                                
                                                                               
SENATE BILL NO. 358 am was automatically in third reading.                     
                                                                               
Senator Taylor moved that the bill be returned to second reading for           
the purpose of a specific amendment, that being Amendment No. 4.               
Without objection, the bill was returned to second reading.                    
                                                                               
Senator Taylor offered Amendment No. 4 :                                        
                                                                               
Page 1, lines 4, 10, 11:                                                       
	Delete funds                                                                  
	Insert  resources                                                             
                                                                               
Page 2, line 23, after section,:                                               
	Insert (1)                                                                    
Page 2, line 24, after state;:                                                 
	Insert  (2) resources means funds, facilities, equipment,                     
goods, services, or other assets.                                              
                                                                               
Senator Taylor moved and asked unanimous consent for the adoption              
of Amendment No. 4. Without objection, Amendment No. 4 was                     
adopted.                                                                       
                                                                               
SENATE BILL NO. 358 am was automatically in third reading.                     
                                                                               
The question to be reconsidered: Shall SENATE BILL NO. 358 am                  
An Act relating to the disclosure of certain personnel records that            
include information about the use of public resources pass the                 
Senate? The roll was taken with the following result:                          
                                                                               
                                                                               

1998-05-02                     Senate Journal                      Page 3719
SB 358                                                                       
                                                                               
SB 358 am                                                                      
Third Reading - On Reconsideration                                             
                                                                               
YEAS:  18   NAYS:  0   EXCUSED:  0   ABSENT:  2                              
                                                                               
Yeas:  Adams, Donley, Duncan, Ellis, Green, Kelly, Leman, Lincoln,             
Mackie, Miller, Parnell, Pearce, Phillips, Sharp, Taylor, Torgerson,           
Ward, Wilken                                                                   
                                                                               
Absent:  Halford, Hoffman                                                      
                                                                               
and so, SENATE BILL NO. 358 am passed the Senate on                            
reconsideration.                                                               
                                                                               
Senator Taylor moved and asked unanimous consent that the Senate               
rescind its previous action in passing SENATE BILL NO. 358 am                  
on reconsideration. Without objection, the Senate rescinded its                
previous action.                                                               
                                                                               
Senator Taylor moved that the bill be returned to second reading for           
the purpose of a specific amendment, that being Amendment No. 5.               
Without objection, the bill was returned to second reading.                    
                                                                               
Senator Taylor offered Amendment No. 5 :                                        
                                                                               
Replace the word funds with the word resources wherever it                     
appears in the bill.                                                           
                                                                               
Senator Taylor moved and asked unanimous consent for the adoption              
of Amendment No. 5. Without objection, Amendment No. 5 was                     
adopted.                                                                       
                                                                               
SENATE BILL NO. 358 am was automatically in third reading.                     
                                                                               
The question to be reconsidered: Shall SENATE BILL NO. 358 am                  
An Act relating to the disclosure of certain personnel records that            
include information about the use of public resources pass the                 
Senate? The roll was taken with the following result:                          
                                                                               
                                                                               

1998-05-02                     Senate Journal                      Page 3720
SB 358                                                                       
                                                                               
SB 358 am                                                                      
Third Reading - On Reconsideration                                             
                                                                               
YEAS:  18   NAYS:  0   EXCUSED:  0   ABSENT:  2                              
                                                                               
Yeas:  Adams, Donley, Duncan, Ellis, Green, Kelly, Leman, Lincoln,             
Mackie, Miller, Parnell, Pearce, Phillips, Sharp, Taylor, Torgerson,           
Ward, Wilken                                                                   
                                                                               
Absent:  Halford, Hoffman                                                      
                                                                               
and so, SENATE BILL NO. 358 am passed the Senate on                            
reconsideration and was referred to the Secretary for engrossment.             
SB 358                                                                       
SENATE BILL NO. 358 am An Act relating to the disclosure of                    
certain personnel records that include information about the use of            
public resources was engrossed, signed by the President and                    
Secretary and transmitted to the House for consideration.