Legislature(2015 - 2016)BELTZ 105 (TSBldg)
02/24/2016 01:30 PM Senate JUDICIARY
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| Audio | Topic |
|---|---|
| Start | |
| SB123 | |
| SB24 | |
| SJR19 | |
| SB180 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| *+ | SB 180 | TELECONFERENCED | |
| *+ | SJR 19 | TELECONFERENCED | |
| + | SB 24 | TELECONFERENCED | |
| + | TELECONFERENCED | ||
| += | SB 123 | TELECONFERENCED | |
SB 24-LEGIS. ETHICS ACT: CONTRACTORS,INTERNS
1:40:34 PM
CHAIR MCGUIRE announced the consideration of SB 24. She
solicited a motion to adopt the proposed committee substitute
(CS).
1:40:54 PM
SENATOR COGHILL moved to adopt the work draft CS for SB 24,
labeled 29-LS0148\H, as the working document.
1:41:03 PM
SENATOR GARDNER, Alaska State Legislature, Juneau, Alaska,
sponsor of SB 24, explained that she introduced this clean-up
bill at the request of the Select Committee on Legislative
Ethics. The issue is that the ethics statutes apply to
contractors and some sections are unnecessary, don't make sense,
and aren't enforced. For example, the people who print statute
books are now required to attend ethics training. She was
unaware of any opposition to this housekeeping matter.
CHAIR MCGUIRE noted that Jerry Anderson and Joyce Anderson were
available to answer questions.
1:43:29 PM
STEPHEN SWEET, Legislative Intern, Senator Gardner introduced SB
24 reading the following prepared statement:
The problem this bill seeks to address is that the
ethics committee is not always able to conduct
trainings with each legal entity the state has
contracts with.
Section one clarifies applicability of ethical
standards to legislative consultants, interns,
contractors, and legislative volunteers. For example,
I, as an intern, will continue to be required to
comply with statutes banning gift solicitations,
banning the use of public time for political purposes,
and the like.
Section two clarifies how ethics requirements will be
levied upon a legal entity. For example, if the Ethics
Committee began a contract with, say, an independent
contractor halfway through a session, ethics statutes
would be applied to only those who would be working on
the project with the legislature; such requirements
would not apply to those who work at the office of the
contractor but who are not working on the project. If
Company A has been contracted, not all of their
employees would have to abide by Alaska State
Legislature ethics standards.
Section three defines legislative employees, to
include a person, other than a legislator, who is
compensated by the legislative branch in return for
providing regular or substantial services, regardless
of pay scale or if they are full or part time. It
would not include interns, contractors, and the like.
However, this does not mean that contractors are
exempt from ethics standards; that concern is
addressed in the first section, which specifically
states that interns and consultants are employees for
the purposes of compliance with ethics standards.
1:46:37 PM
JERRY ANDERSON, Administrator, Select Committee on Legislative
Ethics, stated support for SB 24 and relayed that the committee
worked extensively with Legislative Legal Services on the
provisions of the bill. He deferred further comment to Ms.
Anderson who was the administrator when that work was
accomplished.
1:47:23 PM
JOYCE ANDERSON, Former Administrator, on contract to the Select
Committee on Legislative Ethics, explained that the committee
looked at the issue after several contractors and several
divisions within the legislature called and asked about the
requirements. The response to those inquiries was that there was
no differentiation between a contractor and a regular
legislative employee. That meant that contractors had to attend
ethics training and follow the disclosure scheme in the
Legislative Ethics Act. The committee looked at this and decided
it was not the intent of the ethics code to include contractors.
Upon request, Legislative Research provided information from
other states where contractors are not considered legislative
employees.
She said the committee felt, similar to legislative interns,
that contractors and consultants should be put under certain
sections of the code, but not all of it. The provisions in the
bill are recommendations from the subcommittee, of which Senator
Gardner was a part.
1:51:10 PM
CHAIR MCGUIRE closed public testimony on SB 24 and held the bill
in committee.
SENATOR COGHILL commented that this issue came up repeatedly
during oil and tax discussions so he believes it's appropriate.