Legislature(2007 - 2008)BELTZ 211

03/12/2007 01:30 PM Senate JUDICIARY


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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
-- Teleconference <Listen Only> --
+= SB 13 BAN CONSULTING CONTRACTS WITH LEGISLATORS TELECONFERENCED
Moved CSSB 13(JUD) Out of Committee
+= SB 64 DISCLOSURES & ETHICS TELECONFERENCED
Heard & Held
+ Bills Previously Heard/Scheduled TELECONFERENCED
        SB  13-BAN CONSULTING CONTRACTS WITH LEGISLATORS                                                                    
                                                                                                                              
1:36:25 PM                                                                                                                    
CHAIR   FRENCH  announced   the  consideration   of  SB   13.  He                                                               
highlighted  the  two  opinions from  legal  services  addressing                                                               
aspects of  SB 13 that  were raised during the  previous hearing.                                                               
The first  order of  business, he  said, is  to adopt  Version \K                                                               
committee substitute (CS) as the working document.                                                                              
                                                                                                                                
SENATOR  HUGGINS  motioned to  adopt  CSSB  13(JUD), labeled  25-                                                               
LS0106\K, as the working document.                                                                                              
                                                                                                                                
CHAIR FRENCH announced  that without objection, Version  \K CS is                                                               
before  the  committee.  He  recapped  that  the  first  question                                                               
centers on language in Section 1  and whether it would prohibit a                                                               
legislator from communicating with  constituents by newsletter or                                                               
other means if the communication is  paid for by private funds or                                                               
from  a poet  account. Basically,  the  opinion says  no, but  an                                                               
important  footnote  highlights  that there  are  separate  legal                                                               
restrictions on  the management  and use of  poet funds  that may                                                               
affect the  publication of newsletters.  Thus, the real  issue is                                                               
the   use  of   office  account   or  public   funds  for   those                                                               
communications.                                                                                                                 
                                                                                                                                
The  second question  relates to  the definition  of "legislative                                                               
action"  and "administrative  action." The  issue is  whether the                                                               
prohibition  on performing  legislative action  or administrative                                                               
action includes researching  a bill. The example  asked whether a                                                               
legislator/lawyer   who  researches   a  bill   would  be   doing                                                               
legislative action  and therefore subject to  an ethics violation                                                               
claim.  "The gist  of  the  opinion is  essentially  no; that  it                                                               
wouldn't be an Ethics Act violation," he stated.                                                                                
                                                                                                                                
1:40:01 PM                                                                                                                    
SENATOR McGUIRE referenced  the question and asked  if the 30-day                                                               
prohibition refers to a general election or a primary election.                                                                 
                                                                                                                                
CHAIR  FRENCH replied  he  would take  it to  be  either 30  days                                                               
before a primary election or 30 days before a general election.                                                                 
                                                                                                                                
SENATOR McGUIRE asked if "a state election" is clear enough.                                                                    
                                                                                                                                
CHAIR FRENCH said in his opinion  it is clear, but he would defer                                                               
to the committee.                                                                                                               
                                                                                                                                
SENATOR McGUIRE asked  if he is saying that it  is 30 days before                                                               
the  primary followed  by  a  gap and  then  30  days before  the                                                               
general election.                                                                                                               
                                                                                                                                
CHAIR FRENCH replied this law reads that way.                                                                                   
                                                                                                                                
1:41:46 PM                                                                                                                    
CHAIR FRENCH summarized  an email he received  from former Alaska                                                               
State  Senator Drue  Pearce expressing  concern  that the  phrase                                                               
"and for  one year  thereafter" on  page 7,  line 13,  would have                                                               
prohibited her  from leaving state  employment and going  to work                                                               
for the  federal government. That  is not what we  are intending,                                                               
he emphasized.                                                                                                                  
                                                                                                                                
CHAIR FRENCH  motioned to  delete "and  for one  year thereafter"                                                               
from page 7, line 13.                                                                                                           
                                                                                                                                
SENATOR  THERRIAULT  recapped  that   former  Senator  Pearce  is                                                               
serving as  the federal pipeline  coordinator for which  there is                                                               
tremendous  benefit to  the State  of Alaska.  She wants  to make                                                               
sure that changing jobs as she  did would not be preempted in the                                                               
future.                                                                                                                         
                                                                                                                                
CHAIR  FRENCH said  the global  notion and  the real  idea behind                                                               
Section  6,  which  is  the  heart   of  the  bill,  is  to  keep                                                               
legislators  from  wearing two  hats  while  in the  legislature.                                                               
Taking that phrase out doesn't weaken the bill, he stated.                                                                      
                                                                                                                                
1:44:17 PM                                                                                                                    
SENATOR HUGGINS  said although he doesn't  disagree, he questions                                                               
the potential abuses. [Example was not audible.]                                                                                
                                                                                                                                
CHAIR   FRENCH  recapped   the   prohibitions  against   lobbying                                                               
immediately after leaving the legislature  and voting to increase                                                               
a  particular   salary  in  anticipation  of   moving  into  that                                                               
position.                                                                                                                       
                                                                                                                                
SENATOR THERRIAULT offered the view  that the state has benefited                                                               
from former  Senator Pearce's change  in employment and  it would                                                               
not be  wise to strike  the bill so  tightly that the  same thing                                                               
could not occur in the future.                                                                                                  
                                                                                                                                
1:46:18 PM                                                                                                                    
CHAIR  FRENCH,  finding  no   further  discussion  or  objection,                                                               
announced that Amendment 1 is adopted.                                                                                          
                                                                                                                                
CHAIR FRENCH reminded  members that Section 6 is  the idea behind                                                               
the  original version  of the  bill. The  rest of  the provisions                                                               
stem   from  suggestions   made  by   the  Select   Committee  on                                                               
Legislative  Ethics.  He noted  that  Joyce  Anderson and  Brooke                                                               
Miles are available to answer questions.                                                                                        
                                                                                                                                
1:47:18 PM                                                                                                                    
SENATOR   McGUIRE  suggested   that  it   would  be   helpful  if                                                               
legislators could  reference a matrix  showing the kinds  of work                                                               
that can be done  while in office and the kinds  of work that can                                                               
be done one year after leaving office.                                                                                          
                                                                                                                                
SENATOR THERRIAULT referenced Section  6 and asked hypothetically                                                               
if  the  Republican  Party  could   pay  him  to  be  a  campaign                                                               
coordinator  in an  upcoming election  or would  he be  preempted                                                               
from taking the job for pay because it is political action.                                                                     
                                                                                                                                
CHAIR FRENCH  said his glancing  read of  the statute is  that it                                                               
would be  problematic for a  legislator to accept  paid political                                                               
work outside the capitol.                                                                                                       
                                                                                                                                
SENATOR  THERRIAULT agreed  that  "We shouldn't  have the  second                                                               
master for the same work that  we're elected to do." But clearly,                                                               
he argued,  the state  is not  paying me and  the people  did not                                                               
elect me to coordinate campaigns.                                                                                               
                                                                                                                                
CHAIR FRENCH asked  if there were other questions  or comments on                                                               
Senator Therriault's observation.                                                                                               
                                                                                                                                
SENATOR HUGGINS suggested the committee ask for an opinion.                                                                     
                                                                                                                                
SENATOR THERRIAULT questioned why  "political action" is included                                                               
because the state doesn't pay legislators for political action.                                                                 
                                                                                                                                
SENATOR  THERRIAULT stated  for  the record  that  the party  has                                                               
never paid him to perform that function.                                                                                        
                                                                                                                                
CHAIR FRENCH announced a brief at  ease to look up the definition                                                               
of "political."                                                                                                                 
                                                                                                                                
1:52:48 PM                                                                                                                    
CHAIR FRENCH read the following:                                                                                                
                                                                                                                                
     AS 24.60.990                                                                                                               
          (13) "political action" means conduct in which                                                                        
     public officials, including  legislators or legislative                                                                    
     employees,  use their  official  position or  political                                                                    
     contacts  to  exercise  influence on  state  and  local                                                                    
     government employees  or entities;  it includes  but is                                                                    
     not  limited  to  endorsing  and  pledging  support  or                                                                    
     actively  supporting a  legislative matter,  a nominee,                                                                    
     or a candidate for public office;                                                                                          
                                                                                                                                
CHAIR FRENCH  said getting paid  to support a  candidate, getting                                                               
paid  as  a political  consultant,  and  getting  paid to  run  a                                                               
campaign  would  be prohibited  under  this  provision. "At  some                                                               
level your concern  suggests a limitation on a  person's right to                                                               
earn a living outside the  building." He stated his preference to                                                               
leave that in, but he would submit to the will of the committee.                                                                
                                                                                                                                
SENATOR McGUIRE stated  agreement with the chair,  but she wanted                                                               
to  make  sure that  "compensation"  in  that section  means  for                                                               
money.                                                                                                                          
                                                                                                                                
1:55:12 PM at ease                                                                                                            
                                                                                                                                
1:55:48 PM                                                                                                                    
DAVID JONES, Assistant Attorney  General, Department of Law, read                                                               
the following definition:                                                                                                       
                                                                                                                                
     AS 24.60.990(a)                                                                                                            
          (4)   "compensation"    means   remuneration   for                                                                    
     personal  services  rendered, including  salary,  fees,                                                                    
     commissions,  bonuses, and  similar payments,  but does                                                                    
     not include reimbursement  for actual expenses incurred                                                                    
     by a person;                                                                                                               
                                                                                                                                
CHAIR FRENCH  found no other areas  of concern and asked  for the                                                               
will of the committee.                                                                                                          
                                                                                                                                
1:56:48 PM                                                                                                                    
SENATOR  McGUIRE  motioned to  report  CSSB  13, Version  \K,  as                                                               
amended  today, from  committee  with individual  recommendations                                                               
and attached fiscal note(s).                                                                                                    
                                                                                                                                
CHAIR FRENCH,  finding no objection, announced  that CSSB 13(JUD)                                                               
moves from committee.                                                                                                           
                                                                                                                                
1:57:32 PM at ease                                                                                                            
                                                                                                                                

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