Legislature(1999 - 2000)
04/19/1999 01:37 PM Senate JUD
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* first hearing in first committee of referral
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+ teleconferenced
= bill was previously heard/scheduled
SB 109-CAMPAIGN FUNDRAISING
CHAIRMAN TAYLOR announced SB 109 would be up for discussion.
Number 171
SENATOR HALFORD moved to adopt the committee substitute for SB
109(JUD). Without objection, the committee substitute was adopted.
SENATOR DONLEY stated he would defer to the sectional analysis of
CSSB 109(JUD) for an explanation of the bill. He stated the bill
conforms to the AK Supreme Court decision released over the weekend
and makes additional changes to alleviate problems that have
recently developed.
Number 199
MS. SUSIE BARNETT, staff to the Select Committee on Legislative
Ethics, testified regarding the changes to the Ethics Code
beginning on page 11 of the bill.
MS. BARNETT pointed out there were changes to the Ethics Code,
making it more permissive to legislators, that took effect four
months ago.
MS. BARNETT testified that the deletions proposed in section 15 of
the bill, change current law which prohibits legislators and
legislative employees from using public resources for non-
legislative purposes, for political activities or for a person's
private benefit, and is a major policy change. MS. BARNETT said
that is a policy call for the Legislature to make, but she wanted
legislators to recognize "it is a policy shift."
MS. BARNETT particularly noted the absence of any reference to
"private benefit" in the proposed amended language, which is
prohibited under the current language. MS. BARNETT suggested this
may be an oversight.
MS. BARNETT said Section 16 I (1) appears to make a change allowing
the display and dissemination of campaign material in and from
private offices. MS. BARNETT said she is aware of the discussion
in the Legislature regarding the legality of campaigning and
fundraising activities of seated legislators during the legislative
session. She suggested the Legislature may wish to request a legal
opinion on the Supreme Court decision, particularly as it relates
to the restrictions on accepting campaign contributions during the
session. MS. BARNETT believed if the Legislature amended the Ethic
Code to allow acceptance of contributions during session, the
public members of the Ethics Committee might look at more
restrictive language governing the use of State resources.
Number 280
MS. BARNETT stated Section 16 needs further review by the Ethics
Committee, since the new two-tiered approach separates legislators
from legislative employees and the committee would want to ensure
employees are not put at risk by actions taken by legislators. MS.
BARNETT concluded that the Ethics Committee "would like and
deserves time to evaluate these proposed changes and take a look at
the full Code."
MS. BARNETT suggested Section 17 could allow the solicitation and
acceptance of inappropriate gifts. She said she did not believe
this was the intent of the provision.
MS. BARNETT stated Section 18 directs the Ethics Committee to
"think a certain way." She has never seen a statutory directive
like this. MS. BARNETT remarked that this section also represents
a policy shift in saying the law should be interpreted in the way
"least restrictive to legislators."
MS. BARNETT spoke on behalf of the Ethics Committee in saying they
would like the opportunity to review the proposed changes and work
with the Judiciary Committee in an effort to maintain and promote
ethical standards.
Number 316
CHAIRMAN TAYLOR remarked he was troubled by some of MS. BARNETT's
questions. He said, "There seems to be an attitude . . . that no
legislator is allowed to be a citizen while he is being a
legislator . . . " He gave an example of activity by a legislator
using state equipment for a personal use and perhaps even private
gain. He gave a hypothetical example of his wife calling and
informing him of a plumbing leak in his Wrangell home, flooding his
home as well as the room rented to a tenant. He said he might need
to call his wife back and call some plumbers in Wrangell as well.
He said this would be of personal, and perhaps even financial
benefit to him. He commented, "I think that is something that most
people would consider rather reasonable, that my wife should be
able to make that phone call to me and that I should be able to
respond to her." He said according to the interpretation of the
Ethics Committee, he would have to leave the building and use a pay
phone, yet the Governor can fly to Kodiak during the legislative
session, using the assets of the State Troopers and conduct two
fund-raisers. He concluded, "It seems to me there is a bit of a
double standard out there."
CHAIRMAN TAYLOR commented that the interpretations of the Ethics
Committee should revolve around the practical real life of being a
citizen legislator, since legislators are not full time employees.
He asked where the common sense is.
CHAIRMAN TAYLOR stated his intent to work closely with the Ethics
Committee and Senators Donley and Hoffman on SB 109.
CHAIRMAN TAYLOR announced he is serious about this legislation and
appreciates MS. BARNETT's comments.
With nothing further to come before the committee, CHAIRMAN TAYLOR
adjourned the meeting at 2:02 p.m.
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