Legislature(2007 - 2008)BELTZ 211
04/24/2007 09:00 AM Senate STATE AFFAIRS
| Audio | Topic |
|---|---|
| Start | |
| HB109 | |
| SB95 | |
| SB134 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| + | HB 109 | TELECONFERENCED | |
| += | SB 95 | TELECONFERENCED | |
| += | SB 134 | TELECONFERENCED | |
| + | TELECONFERENCED |
CSHB 109(JUD) AM - DISCLOSURES & ETHICS/BRIBERY/RETIREMENT CHAIR MCGUIRE announced consideration of CSHB 109(JUD) AM. 9:10:52 AM TOM BRICE, Alaska State District Council of Laborers, said he is testifying on behalf of Local 71, the state blue collar public employees, regarding the hiring practices of the Department of Transportation and Public Facilities (DOTPF). Specifically, they do not hire flaggers or other state operators if other family members are also employed by the state. For example, if a mother/daughter flagging crew work together they will need to go through a waiver process to be recalled to work. MR. BRICE said he has been working towards a solution so that individuals going to work for the state have a reasonable expectation to work based on their merit, not upon whether or not they are related to someone else in state service. He distributed a proposed amendment for the committee to consider. 9:15:01 AM CHAIR MCGUIRE asked if he thought they needed to amend the bill today. MR. BRICE answered yes. DOTPF said it would require a statutory change to allow these types of relations to continue in the workplace. CHAIR MCGUIRE asked if the amendment kept the supervision of family member's elements in place. MR. BRICE answered yes. CHAIR MCGUIRE asked if he could see any unanticipated consequences. 9:16:32 AM MR. BRICE replied that unanticipated effects amount to nothing. CHAIR MCGUIRE said she thought the way the law had been carried out was that a person can't supervise a family member, but in small communities where people are working on an airstrip, for instance, you could have a mother and daughter or brothers working in similar capacities. MR. BRICE replied as long as they are not in a supervisory role, it's okay. He added that the definition for "supervision" came from the State Administrative Code and the issue cannot be negotiated because it is in statute. 9:18:22 AM SENATOR GREEN asked how broad the definition is and if it is for all levels of employment. 9:19:12 AM MR. BRICE replied that the definition is broad enough to cover situations when the state is doing maintenance and might need a flagger, for example. The same situation might happen in Klawock where two brothers are operating - neither having supervisory authority over the other. CHAIR MCGUIRE moved Amendment 1 as follows: New AS 39.52.910(d). "Nothing in this Act shall supersede the provisions of AS 39.90.020, nor preclude individuals from being in an employment relationship with an immediate family member where neither family member is a supervisor who has authority to act or to effectively recommend action in the interest of the public employer in one of the following supervisory functions, if the exercise of that authority is not merely routine but requires the exercise of independent judgment: (a) employing, including hiring, transferring, laying off, or recalling; (b) discipline, including suspension, discharge, demotion, or issuance of written warnings; or (c) Grievance adjudication, including responding to a first level grievance under a collective bargaining agreement." SENATOR BUNDE objected saying he would be uncomfortable passing the amendment without thorough vetting with DOTPF and that it could be dealt with in a separate bill. CHAIR MCGUIRE asked if Senator French would take it up in the Judiciary Committee. Since the 2007 construction season was coming up, she wanted to make sure it was addressed. 9:21:29 AM SENATOR FRENCH said he supports the spirit of the amendment. It is almost impossible to keep family members from being employed by the same town or department. However, family members should not be supervising one another or making decisions about future employment. He wants to take a deeper look at the amendment in Judiciary Committee and run it through Legislative Legal before adoption. CHAIR MCGUIRE agreed and withdrew Amendment 1. CHAIR MCGUIRE brought up a conceptual amendment regarding lawmakers raising funds during session for another person who is running for elected office. Legislators are not allowed to campaign for themselves during the legislative session and she said the question is why they would campaign for anyone else. 9:23:33 AM SENATOR GREEN said she had the same question and suggested it meant campaigning for other than a state office such as a city or borough election or for someone not currently in office. CHAIR MCGUIRE wanted the idea brought up for discussion. There is a concept behind the law that you don't want to allow lawmakers to raise money for themselves while they're in office because of the power they hold and the ability to leverage things. One might be able to draw a similar assumption if a lawmaker were campaigning on behalf of an assembly seat for example, because the assembly comes to the legislature for money. SENATOR BUNDE said he agreed with her. 9:25:51 AM CHAIR MCGUIRE said actively campaigning for a colleague's opponent could interfere with the lawmaking process. SENATOR STEVENS said a letter from Joyce Anderson, Ethics Commission, talks about campaigning during session for someone running for governor and he didn't want to give up that right just because he's a legislator. CHAIR MCGUIRE responded that maybe an amendment would clarify which positions are meant. SENATOR FRENCH used the example of a school board election. He wondered if they give up their rights as citizens to participate in the process because they get elected to office. This seems unrealistic. 9:27:44 AM CHAIR MCGUIRE said she feels it is inappropriate for her to campaign on behalf of assembly or school board candidates even though there isn't a law against it. Supporting a candidate in an assembly race, in particular, could improperly influence someone's opinion. She clarified that she was talking about when they were sitting in session. 9:29:17 AM SENATOR BUNDE said this is about raising funds. Legislators are not prohibited from writing a personal check to a candidate. He said he chooses not to get involved in local elections, because he might have to work with the person at some point. If legislators cannot raise funds for themselves, they should not be raising funds for someone else. SENATOR GREEN asked if writing a check could be construed as raising funds. SENATOR FRENCH remarked, "How could it not be." SENATOR GREEN responded, "I think you do give up that right." CHAIR MCGUIRE said she would work on the amendment for the Judiciary Committee to clarify that raising funds for an individual does not take away a legislator's ability to personally contribute to that candidate. What is really meant is that a lawmaker can't hold a fundraiser for a person running for a state office. The committee could debate about excluding the lieutenant governor and governor. 9:31:11 AM SENATOR STEVENS remarked that in some cases endorsing a candidate could be the kiss of death. SENATOR GREEN said it is legal for a governor and lieutenant governor to receive money during the session. CHAIR MCGUIRE said the governor and lieutenant governor are treated differently. Legislators have always had a clear prohibition between the time they are serving, making laws and appropriating money, and the time when they are not. If the logic follows in one area, it is a stretch to not apply it in another area. SENATOR FRENCH said he disagrees. The idea that you're going to use your power to influence something that happens in the building on behalf of a candidate that is not elected strikes him as being unrealistic. Once you take that step, you have to consider ballot initiatives and propositions, or ask whether legislators can raise money for charities on their days off. 9:33:05 AM CHAIR MCGUIRE said people see the difference between charity which doesn't have a political value and using one's position during the session to fundraise, which is wrong whether it is for someone competing against a colleague or for an assembly candidate. SENATOR BUNDE said maybe legally legislators do not give up many rights when choosing to serve, but from the public's perspective legislators are held to a different standard. 9:34:54 AM CHAIR MCGUIRE said she will refine the amendment and offer it in the Senate Judiciary Committee. She will also work with the Alaska Public Offices Commission (APOC) to narrow the parameters. 9:35:36 AM CHAIR MCGUIRE closed public testimony for HB 109. No further amendments or discussion were offered. SENATOR GREEN moved to report CSHB 109(JUD) AM from committee with individual recommendations and attached fiscal notes. There being no objection, the motion carried. The committee took an at-ease at 9:36 AM.
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