Legislature(2015 - 2016)BELTZ 105 (TSBldg)

02/24/2016 01:30 PM JUDICIARY

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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
*+ SB 180 Bills Previously Heard/Scheduled: TELECONFERENCED
Heard & Held
*+ SJR 19 CALL FED. CONSTITUTIONAL CONV:TERM LIMITS TELECONFERENCED
Heard & Held
+ SB 24 LEGIS. ETHICS ACT: CONTRACTORS,INTERNS TELECONFERENCED
Heard & Held
+ Bills Previously Heard/Scheduled: TELECONFERENCED
-- Public Testimony --
+= SB 123 USE OF ELECTRONIC DEVICES WHILE DRIVING TELECONFERENCED
Moved CSSB 123(JUD) Out of Committee
         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.                                                                 
                                                                                                                                

Document Name Date/Time Subjects
SB 24 version H.pdf SJUD 2/24/2016 1:30:00 PM
SB 24 FiscalNote.pdf SJUD 2/24/2016 1:30:00 PM
SB 24
SB24A.PDF SJUD 2/24/2016 1:30:00 PM
SB24 Leg Research Report Subcontractors.PDF SJUD 2/24/2016 1:30:00 PM
SB 24
SB24 Contracts - Rec by Ethics Office.pdf SJUD 2/24/2016 1:30:00 PM
SB 24
SB24 Previous Advisory Opinions.PDF SJUD 2/24/2016 1:30:00 PM
SB 24
SB24 Previous Minutes & Committee Action.PDF SJUD 2/24/2016 1:30:00 PM
SB 24
SB24 Sponsor Statement.pdf SJUD 2/24/2016 1:30:00 PM
SB 24
SJR 19 - Supporting Documents - Convention FAQ.pdf SJUD 2/24/2016 1:30:00 PM
SJR 19
SJR 19 - Supporting Documents - Dispelling the Runaway Convention Myth.pdf SJUD 2/24/2016 1:30:00 PM
SJR 19
SJR 19 - Supporting Documents - Term Limits Convention One Pager_AK.pdf SJUD 2/24/2016 1:30:00 PM
SJR 19
SJR 19 Fiscal Note.pdf SJUD 2/24/2016 1:30:00 PM
SJR 19
SJR 19 Supporting Documents - Constitutional Convention FAQs.pdf SJUD 2/24/2016 1:30:00 PM
SJR 19
SJR 19 ver A.PDF SJUD 2/24/2016 1:30:00 PM
SJR 19
SB 180ADN Commentary 2-13-16 Demer.pdf SJUD 2/24/2016 1:30:00 PM
SB 180 ADN Commentary 2-3-16 Walker-Carmody.pdf SJUD 2/24/2016 1:30:00 PM
SB 180
SB 180 FiscalNote.pdf SJUD 2/24/2016 1:30:00 PM
SB 180
SB 180 Letter of Support AIC.pdf SJUD 2/24/2016 1:30:00 PM
SB 180
SB 180 Letter of Support AIC.pdf SJUD 2/24/2016 1:30:00 PM
SB 180
SB 180 Letter of Support AK Childrens Trust.pdf SJUD 2/24/2016 1:30:00 PM
SB 180
SB 180 Letter of Support AYFN.pdf SJUD 2/24/2016 1:30:00 PM
SB 180
SB 180 Letter of Support Beacon Hill.pdf SJUD 2/24/2016 1:30:00 PM
SB 180
SB 180 Letter of Support brian schaeffer.pdf SJUD 2/24/2016 1:30:00 PM
SB 180
SB 180 Sectional Analysis version W.pdf SJUD 2/24/2016 1:30:00 PM
SB 180
SB 180 Sponsor Statement.pdf SJUD 2/24/2016 1:30:00 PM
SB 180
SB0180 version W.pdf SJUD 2/24/2016 1:30:00 PM
SB 180
SB 123 Changes from Version A to Version H.pdf SJUD 2/24/2016 1:30:00 PM
SB 123
SB 123 Legal Memo 2 24 2016.pdf SJUD 2/24/2016 1:30:00 PM
SB 123
SB 123 Work Draft Version H.pdf SJUD 2/24/2016 1:30:00 PM
SB 123
SB 123 Legal Research - Municipal Laws.pdf SJUD 2/24/2016 1:30:00 PM
SB 123
SJR 19 - Sponsor Statement.pdf SJUD 2/24/2016 1:30:00 PM
SJR 19