04/05/2019 01:00 PM House JUDICIARY

             SB  89-LEGISLATURE: ETHICS, CONFLICTS                                                                          
                                                                                                                                
1:04:50 PM                                                                                                                    
                                                                                                                                
CHAIR CLAMAN announced  that the only order of  business would be                                                               
SENATE BILL  NO. 89  "An Act relating  to the  Legislative Ethics                                                               
Act;  and  providing  for  an   effective  date."    [Before  the                                                               
committee was CSSB 89(JUD), version 31-LS0209\K.]                                                                               
                                                                                                                                
1:05:01 PM                                                                                                                    
                                                                                                                                
CHAIR  CLAMAN   announced  that  the  committee   would  take  up                                                               
amendments to  SB 89.   He noted that Legislative  Legal Services                                                               
has permission  to make any  technical and conforming  changes to                                                               
the  bill.   Chair  Claman  passed  the gavel  to  Representative                                                               
Stutes.                                                                                                                         
                                                                                                                                
1:05:22 PM                                                                                                                    
                                                                                                                                
CHAIR CLAMAN  moved to adopt Amendment  1, labeled 31-LS0209\K.5,                                                               
Wayne, 4/1/19, which read as follows:                                                                                           
                                                                                                                                
     Page 2, line 9, following "legislator":                                                                                    
          Insert "or the legislator's spouse is employed                                                                    
     or"                                                                                                                    
                                                                                                                                
     Page 2, line 18, following "legislator":                                                                                   
          Insert "or the legislator's spouse"                                                                               
                                                                                                                                
     Page 2, line 23, following "legislator":                                                                               
          Insert "or the legislator's spouse"                                                                               
                                                                                                                                
REPRESENTATIVE STUTES objected for purpose of discussion.                                                                       
                                                                                                                                
CHAIR  CLAMAN  explained  that   Amendment  1  would  expand  the                                                               
coverage for an  ethics disclosure to a legislators   spouse.  He                                                               
said  the  current  language  of   the  bill  requires  only  the                                                               
legislator  to disclose  various financial  interests.   He noted                                                               
that  this  amendment  would require  the  disclosure  of  active                                                               
employment in addition to any negotiations for employment.                                                                      
                                                                                                                                
REPRESENTATIVE STUTES  removed her objection.   She asked whether                                                               
there was any  further objection to adopting Amendment  1.  There                                                               
being no objection, it was so ordered.                                                                                          
                                                                                                                                
1:06:45 PM                                                                                                                    
                                                                                                                                
CHAIR CLAMAN moved to adopt  Amendment 2, labeled 31-LS0209\K.11,                                                               
Wayne, 4/1/19, which read as follows:                                                                                           
                                                                                                                                
     Page 1, following line 2:                                                                                                  
          Insert a new bill section to read:                                                                                    
     "* Section 1. AS 24.60.010 is amended by adding a new                                                                    
     paragraph to read:                                                                                                         
               (9)  a fair and open government requires that                                                                    
          constituents  have unencumbered  access to  legislators                                                               
          about issues  important to the  state pursuant  to art.                                                               
          I, secs. 5 and 6,  Constitution of the State of Alaska,                                                               
          which  protect   the  right  of  a   legislator  and  a                                                               
          constituent  to  meet and  the  right  of a  person  to                                                               
          petition  the  government,  and  this  chapter  is  not                                                               
          intended to restrict those rights."                                                                                   
                                                                                                                                
     Page 1, line 3:                                                                                                            
          Delete "Section 1"                                                                                                  
          Insert "Sec. 2"                                                                                                     
                                                                                                                                
     Renumber the following bill sections accordingly.                                                                          
                                                                                                                                
REPRESENTATIVE STUTES objected for purpose of discussion.                                                                       
                                                                                                                                
CHAIR CLAMAN  said he  felt the  Select Committee  on Legislative                                                               
Ethics addressed  House Bill 44  [passed in the  Thirtieth Alaska                                                               
State   Legislature]   in   ways  that   ignored   constitutional                                                               
requirements  regarding a  citizens   right  to petition  his/her                                                               
government.  He added that he  felt freedom of speech issues were                                                               
also  at play.   He  cited the  committees  ethics  opinions that                                                               
suggested  legislators  could  not  have  private  meetings  with                                                               
constituents.   He explained  that Amendment  2 would  add intent                                                               
language   to  AS   24.60.010  that   the  Select   Committee  on                                                               
Legislative Ethics  would not  be able  to ignore.   He  said the                                                               
language spells  out the importance of  ensuring legislators have                                                               
free  access to  their constituents  even if  the legislator  has                                                               
conflicts.                                                                                                                      
                                                                                                                                
1:08:08 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE WOOL  asked about  language in the  amendment that                                                               
would  protect  the rights  of  legislators  and constituents  to                                                               
meet.     He  asked  whether   the  term    constituents   limits                                                               
protections  to  just constituents  or  whether  it covers  other                                                               
persons who may meet with a legislator.                                                                                         
                                                                                                                                
CHAIR  CLAMAN said  he believes  that the  language covers  other                                                               
persons and not just constituents.                                                                                              
                                                                                                                                
1:08:42 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE STUTES  removed her objection.   She asked whether                                                               
there was any  further objection to adopting Amendment  2.  There                                                               
being no objection, it was so ordered.                                                                                          
                                                                                                                                
1:09:22 PM                                                                                                                    
                                                                                                                                
CHAIR CLAMAN  encouraged support for SB  89 as amended.   He said                                                               
it would  address challenges that  have arisen due to  the Select                                                               
Committee on Legislative Ethicss  analysis  of House Bill 44.  He                                                               
said  while   legislators  may  disagree  with   the  committees                                                                
analysis,  the  best   way  to  address  the   issue  is  through                                                               
legislation.                                                                                                                    
                                                                                                                                
REPRESENTATIVE STUTES passed the gavel back to Chair Claman.                                                                    
                                                                                                                                
1:10:39 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  EASTMAN said  SB 89  is a  partial fix  to issues                                                               
that have been raised.   He asked if there is a  plan to  fix the                                                               
rest of it.                                                                                                                     
                                                                                                                                
CHAD   HUTCHISON,   Senate   Majority   Counsel,   Alaska   State                                                               
Legislature, said  he would leave  that to legislators.   He said                                                               
he has no comment on the next step.                                                                                             
                                                                                                                                
1:11:42 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE EASTMAN said  he felt the bill  and amendments are                                                               
well-intended.  He said the process  and outcome of House Bill 44                                                               
was "just  a mess."   He  suggested repealing  House Bill  44 and                                                               
restarting the process.                                                                                                         
                                                                                                                                
1:12:27 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE WOOL  said he agrees somewhat  with Representative                                                               
Eastman.  He  said, in a perfect world, changes  would be made to                                                               
the Alaska  State Legislature Uniform  Rules.  He said  he thinks                                                               
that was  the original intent  of House Bill 44s   prime sponsor.                                                               
He  said the  fix proposed  in  SB 89  is  the  best thing  going                                                               
forward given where the legislature currently stands.                                                                           
                                                                                                                                
1:12:53 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  KOPP  said he  appreciates  the  efforts made  by                                                               
[Senator  Coghill],   the  prime   sponsor,  to   swiftly  obtain                                                               
consensus  and target  the most  problematic provisions  of House                                                               
Bill 44.  He said he is pleased to move SB 89 forward.                                                                          
                                                                                                                                
1:13:15 PM                                                                                                                    
                                                                                                                                
CHAIR  CLAMAN  said  he  appreciates the  work  done  by  Senator                                                               
Coghill and his staff.                                                                                                          
                                                                                                                                
1:13:34 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE STUTES  moved to report version  31-LS0209\K of SB
, as amended, out of  committee with individual recommendations                                                               
and  the attached  fiscal note.   There  being no  objection, HCS                                                               
CSSB  89(JUD)  was  moved  from   the  House  Judiciary  Standing                                                               
Committee.