Legislature(2007 - 2008)BUTROVICH 205
01/24/2007 01:30 PM Senate JUDICIARY
| Audio | Topic |
|---|---|
| Start | |
| SB5 | |
| SB19 | |
| SB20 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| *+ | SB 5 | TELECONFERENCED | |
| = | SB 19 | ||
| = | SB 20 | ||
SB 19-EXEC. BRANCH ETHICS:INTERESTS & ACTIONS
CHAIR HOLLIS FRENCH announced the consideration of SB 19 and
reminded members that CSSB 19, Version M, was before the
committee. He numbered the proposed amendments 1-6.
2:45:19 PM
SENATOR CHARLIE HUGGINS motioned to adopt Amendment 1, labeled
25-LS0160\M.1, as follows:
A M E N D M E N T 1
Page 1, line 1, following "regarding":
Insert ", or influencing,"
Page 1, line 6, following "officer's":
Insert "action or influence with respect to the
officer's"
CHAIR FRENCH explained that the amendment makes two changes the
first of which is a slight change to the title. The second is a
grammatical clarification indicating that it's the action or
influence that is the violation.
Amendment 1 was adopted without objection.
SENATOR HUGGINS motioned to adopt Amendment 2, labeled 25-
LS0160\M.2, as follows:
A M E N D M E N T 2
Page 1, line 7:
Delete "the outcome of"
Page 1, line 10:
Delete "matter's outcome"
Insert "matter"
CHAIR FRENCH restated the changes and noted that Senator
Therriault looked quizzical.
SENATOR GENE THERRIAULT questioned removing the word "outcome."
CHAIR FRENCH responded it didn't strike him as a substantive
change.
Amendment 2 was adopted without objection
2:49:25 PM
SENATOR HUGGINS motioned to adopt Amendment 3, labeled 25-
LS0160\M.3, as follows:
A M E N D M E N T 3
Page 2, line 1:
Delete "and"
Insert "or"
CHAIR FRENCH explained that the drafters opined that the word
"and" is confusing in this context.
SENATOR THERRIAULT asked if subparagraph (C) didn't sweep in
subparagraph (B) and make it unnecessary.
CHAIR FRENCH advised that (B) relates to a personal interest and
(C) relates to a financial interest.
SENATOR THERRIAULT asked about a separate definition for
"personal interest."
CHAIR FRENCH said the definition was read into the record during
the last hearing.
SENATOR THERRIAULT agreed.
Amendment 3 was adopted without objection.
SENATOR HUGGINS motioned to adopt Amendment 4, labeled 25-
LS0160\M.7, as follows:
A M E N D M E N T 4
Page 2, line 5, following "business":
Insert "and the controlling interest has a fair
market value of $5,000 or more"
CHAIR FRENCH explained that this addresses the issue of the
worth of a business that someone has an interest in. He
mentioned the lemonade stand example and said it doesn't matter
if someone has a controlling interest in the business if it is
of relatively little value. The $5,000 standard was selected
because it is used elsewhere in the bill.
CHAIR FRENCH restated (C)(i) and questioned whether the
amendment shouldn't read "$5,000 or less" instead of "$5,000 or
more." Several committee members voiced agreement and the Chair
proposed to change "or more" to "or less" on line 2. There was
no objection.
Amendment 4, as amended, was adopted without objection.
2:54:01 PM
SENATOR HUGGINS motioned to adopt Amendment 5, labeled 25-
LS0160\M.5, as follows:
A M E N D M E N T 5
Page 2, line 8, following "total":
Insert "fair market"
Page 2, line 10, following the second occurrence of
"the":
Insert "fair market"
Page 2, line 11, following "total":
Insert "fair market"
CHAIR FRENCH explained that this captures the concern Senator
Therriault expressed at the previous hearing regarding valuing
business interests.
Amendment 5 was adopted without objection.
SENATOR HUGGINS motioned to adopt Amendment 6, labeled 25-
LS0160\M.6, as follows:
A M E N D M E N T 6
Page 2, line 14:
Delete "elected"
CHAIR FRENCH explained that an officer in a business is
precluded from taking official action on behalf of that business
while he or she is employed as an executive branch employee. It
doesn't matter whether the officer is elected or not.
Amendment 6 was adopted without objection
SENATOR WIELECHOWSKI asked the committee to reconsider the
amendment to Amendment 4 because the term really should be
"more."
CHAIR FRENCH called a brief at-ease and reconvened the meeting
at 2:57:04 PM.
CHAIR FRENCH brought Amendment 4 back before the committee and
restated the original version as follows:
Page 2, line 5, following "business":
Insert "and the controlling interest has a fair
market value of $5,000 or more"
Amendment 4 was adopted without objection
Finding no further questions or amendments Chair French asked
for the will of the committee.
SENATOR LESIL McGUIRE motioned to report CSSB 19, as amended,
from committee with individual recommendations and attached zero
fiscal note(s). There being no objection, CSSB 19(JUD) moved
from the Senate Judiciary Committee.
CHAIR FRENCH called a brief recess.
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