Legislature(2021 - 2022)BUTROVICH 205

05/04/2021 03:30 PM STATE AFFAIRS

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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+= SB 39 BALLOT CUSTODY/TAMPERING; VOTER REG; MAIL TELECONFERENCED
Moved CSSB 39(STA) Out of Committee
+= SB 118 CMTE ON NULLIFICATION OF FEDERAL LAWS TELECONFERENCED
Moved SB 118 Out of Committee
+= SB 120 ADMIN. REGULATION REVIEW COMMITTEE TELECONFERENCED
Moved SB 120 Out of Committee
-- Invited & Public Testimony --
+= SB 31 PROHIBITING BINDING CAUCUSES TELECONFERENCED
Moved CSSB 31(STA) Out of Committee
-- Invited & Public Testimony --
*+ HB 3 DEFINITION OF "DISASTER": CYBERSECURITY TELECONFERENCED
Heard & Held
-- Invited & Public Testimony --
*+ SB 126 REPEAL 90 DAY SESSION LIMIT TELECONFERENCED
Heard & Held
-- Invited & Public Testimony --
*+ SJR 12 SOCIAL SECURITY BENEFIT REDUCTION REPEAL TELECONFERENCED
Heard & Held
-- Invited & Public Testimony --
*+ SB 108 STATE RECOGNITION OF TRIBES TELECONFERENCED
Scheduled but Not Heard
-- Invited & Public Testimony --
*+ SB 109 COUNCIL FOR ALASKA NATIVE LANGUAGES TELECONFERENCED
Scheduled but Not Heard
-- Invited & Public Testimony --
+ Bills Previously Heard/Scheduled: TELECONFERENCED
              SB  31-PROHIBITING BINDING CAUCUSES                                                                           
                                                                                                                                
4:28:28 PM                                                                                                                    
CHAIR SHOWER  announced the consideration  of SENATE BILL  NO. 31                                                               
"An Act  relating to binding votes  by or for a  legislator under                                                               
the Legislative Ethics Act."                                                                                                    
                                                                                                                                
He noted that he was the sponsor.                                                                                               
                                                                                                                                
4:28:48 PM                                                                                                                    
SENATOR   COSTELLO  moved   Amendment   [1],   work  order   [32-                                                               
LS0303\A.1].                                                                                                                    
                                                                                                                                
                                                 32-LS0303\A.1                                                                  
                                                        Wayne                                                                   
                                                      3/25/21                                                                   
                                                                                                                                
                                                                                                                                
                          AMENDMENT 1                                                                                       
                                                                                                                                
                                                                                                                                
    OFFERED IN THE SENATE                  BY SENATOR MYERS                                                                     
          TO:  SB 31                                                                                                            
                                                                                                                                
                                                                                                                                
     Page 1, lines 8-9                                                                                                          
          Delete ", through a vote in a caucus,"                                                                                
                                                                                                                                
                                                                                                                                
CHAIR SHOWER objected for discussion purposes.                                                                                  
                                                                                                                                
SENATOR COSTELLO suggested that when  the bill was drafted, there                                                               
was some misunderstanding about how  a caucus comes together. She                                                               
read the first  part of the sentence without the  phrase. It read                                                               
as follows:                                                                                                                     
                                                                                                                                
        (k) A legislator may not commit or bind another                                                                         
      legislator to commit to vote for or against a bill,                                                                       
     appointment, veto, or other measure that may come to a                                                                     
     vote before a legislative body.                                                                                            
                                                                                                                                
She  related that  a caucus  is a  group of  people who  coalesce                                                               
around certain  ideas. There is no  vote to join and  it would be                                                               
inaccurate to  leave the  phrase in the  sentence. This  does not                                                               
change  the  intent  of  the legislation;  it  adds  clarity  and                                                               
accuracy.                                                                                                                       
                                                                                                                                
CHAIR SHOWER,  speaking as sponsor  of SB 31, said  the amendment                                                               
sounds  good  but  he  would  like  Mr.  Ogan  to  speak  to  the                                                               
Legislative Legal Services opinion on the amendment.                                                                            
                                                                                                                                
4:31:15 PM                                                                                                                    
SCOTT   OGAN,   Staff,   Senator  Mike   Shower,   Alaska   State                                                               
Legislature,  Juneau,  Alaska,  stated it  is  the  legislature's                                                               
prerogative whether or not to  agree with legal opinions from the                                                               
Legislative  Legal  Services.  He  offered his  belief  that  the                                                               
amendment makes the intent of the legislature more succinct.                                                                    
                                                                                                                                
CHAIR SHOWER read  the March 25, 2021  Legal Services' memorandum                                                               
from Legislative Counsel, Daniel C. Wayne for the record:                                                                       
                                                                                                                                
     Transmitted  herewith is  the amendment  you requested.                                                                    
     If adopted, the amendment  would probably make the bill                                                                    
     unconstitutional.  The  U.S.  Supreme Court  has  found                                                                    
     that  :"restrictions upon  legislators' voting  are not                                                                    
                                                       1                                                                        
     restrictions upon legislators' protected speech." The                                                                      
     Court explained:                                                                                                           
                                                                                                                                
          [A}  legislator's vote  is the  commitment of                                                                         
          his  apportioned share  of the  legislature's                                                                         
          power  to   the  passage   or  defeat   of  a                                                                         
          particular  proposal.  The legislative  power                                                                         
          thus  committed   is  not  personal   to  the                                                                         
          legislator  but belongs  to  the people;  the                                                                         
          legislator  has no  personal right  to it....                                                                         
          {T]he  legislator casts  his vote  as trustee                                                                         
          for  his constituents,  not as  a prerogative                                                                         
          of  personal power.  In this  respect, voting                                                                         
          by a  legislator is different from  voting by                                                                         
          a  citizen. While  a voter's  franchise is  a                                                                         
          personal right, the  procedures for voting in                                                                         
          legislative     assemblies     pertain     to                                                                         
          legislators   not  as   individuals  but   as                                                                         
          political   representatives   executing   the                                                                         
                              2                                                                                                 
                                                                                                                                
     Notwithstanding   this   finding,    the   Court   also                                                                    
     recognized  a general  rule that  "the First  Amendment                                                                    
     prohibits laws abridging the  freedom of speech, which,                                                                    
     as a general matter means  that government has no power                                                                    
     to  restrict expression  because  of  its message,  its                                                                    
                                                  3                                                                             
     ideas  its subject  matter or  its  content."   If  the                                                                    
     proposed  amendment  is  adopted  it  will  prohibit  a                                                                    
     legislator from committing  to vote a certain  way on a                                                                    
     piece  of  legislation  - not  just  in  a  legislative                                                                    
     caucus,  hallway, or  office,  but  anywhere. For  that                                                                    
     reason,  if  the bill  is  challenged  in litigation  a                                                                    
     court  will probably  find that  it violates  the First                                                                    
     Amendment,  depending on  specific facts.  For example,                                                                    
     at present  a legislator running for  reelection may in                                                                    
     some instances lawfully make a  public pledge to vote a                                                                    
     certain way on a pending  bill in order to gain support                                                                    
     from the  electorate. If amended  as proposed,  SB [31]                                                                    
     would prohibit  a legislator (but not  the legislator's                                                                    
     election  opponents) from  making that  promise in  any                                                                    
     instance.  "The First  Amendment  has  its fullest  and                                                                    
     most  urgent application  to  speech  uttered during  a                                                                    
                                    4                                                                                           
     campaign for political office."                                                                                            
                                                                                                                                
     If I may be of further assistance please advise.                                                                           
                                                                                                                                
     1                                                                                                                          
       Nevada Com'n on Ethics v. Carrigan, 564 U.S. 117,                                                                        
     125(201).                                                                                                                  
                                                                                                                                
     2                                                                                                                          
     Id. at 125-126(Internal quotation marks and citations                                                                      
     omitted).                                                                                                                  
                                                                                                                                
     3                                                                                                                          
       Id. at 121(Internal quotation marks and citations                                                                        
     omitted).                                                                                                                  
                                                                                                                                
     4                                                                                                                          
      Eu v. San Francisco County Democratic Central Comm.,                                                                      
     489  U.S. 214,  233  (1989)  (Internal quotation  marks                                                                    
     omitted).                                                                                                                  
                                                                                                                                
CHAIR SHOWER said he likes the proposed amendment because it                                                                    
makes the intent of the bill more succinct and the foregoing was                                                                
"just a legal opinion."                                                                                                         
                                                                                                                                
4:34:06 PM                                                                                                                    
SENATOR HOLLAND offered his perspective that the amendment                                                                      
"offers exceptional clarity" to the bill.                                                                                       
                                                                                                                                
SENATOR  COSTELLO  stated  that   the  legislature  follows  both                                                               
Mason's Manual  and the Alaska  Constitution for how  it conducts                                                               
voting. The  Open Meetings  Act requires that  all votes  must be                                                               
taken publicly. She said that  is why legislative committees have                                                               
people  who moderate  and record  the meeting  and every  vote is                                                               
taken  publicly  and  recorded.   She  argued  that  without  the                                                               
amendment, SB  31 would  require caucus  meetings to  be recorded                                                               
and votes  made publicly. She  said her experience is  that votes                                                               
are not  cast in caucus,  it is  strategy that is  discussed. She                                                               
maintained that the amendment clarifies what occurs in caucus.                                                                  
                                                                                                                                
CHAIR   SHOWER   said   he  agrees   and   he   appreciates   the                                                               
clarification.                                                                                                                  
                                                                                                                                
4:37:58 PM                                                                                                                    
SENATOR KAWASAKI  noted the exception  relating to  the selection                                                               
of an  officer of a  caucus or  legislative body and  offered his                                                               
understanding that  this generally  does happen in  both majority                                                               
and minority caucuses, sometimes  through secret ballot. He asked                                                               
if this was incorrect.                                                                                                          
                                                                                                                                
CHAIR SHOWER deferred the question to Senator Costello.                                                                         
                                                                                                                                
SENATOR COSTELLO said  the Senate majority caucus  does not vote,                                                               
but when she was  in the House the caucus had  a secret ballot to                                                               
select the  presiding office and other  organizing. The exception                                                               
language would  allow the  House to  continue that  practice. She                                                               
clarified that the  exception had nothing to  do with legislation                                                               
or an  issue and said she  believes that language should  stay in                                                               
the bill.                                                                                                                       
                                                                                                                                
SENATOR KAWASAKI said he appreciated the comments.                                                                              
                                                                                                                                
SENATOR  REINBOLD  offered  her perspective  that  the  exception                                                               
language in paragraph (1)  on lines 12 and 13 was  "kind of a big                                                               
deal." She asked if the "selection  of an officer" phrase meant a                                                               
chairmanship or leadership.                                                                                                     
                                                                                                                                
CHAIR SHOWER asked Senator Costello  if she wanted to respond and                                                               
added that  he would like  to hear from  Mr. Ogan because  of the                                                               
discussion with Legal Services.                                                                                                 
                                                                                                                                
4:41:47 PM                                                                                                                    
SENATOR COSTELLO  responded that  this was not  her bill  and the                                                               
questions were beyond the scope of the amendment.                                                                               
                                                                                                                                
SENATOR REINBOLD  said her question  was not directed  to anybody                                                               
in particular. She  just wanted to know whether  the phrase meant                                                               
selection of a chair.                                                                                                           
                                                                                                                                
CHAIR  SHOWER responded  that  the  answer is  "yes"  at the  top                                                               
level, but he  could see the difference in a  caucus. He said his                                                               
vision was that there would be  discussions about who would be in                                                               
leadership and chair  positions and that goes out  in a Committee                                                               
on Committees report for the open  public vote. He asked Mr. Ogan                                                               
to comment.                                                                                                                     
                                                                                                                                
SENATOR REINBOLD stated support for the bill and the amendment.                                                                 
                                                                                                                                
4:45:40 PM                                                                                                                    
MR.  OGAN  said the  discussion  is  important to  establish  the                                                               
legislative  intent. He  recalled  that  Legislative Ethics  laws                                                               
allow  voting for  the selection  of officers,  including chairs,                                                               
for the  purpose of organizing. The  law also says that  votes on                                                               
legislation  and  amendments  should  be done  in  the  open.  He                                                               
reported that no  other state has a binding caucus  and one state                                                               
has it in their oath that  legislators will not pledge their vote                                                               
to anybody. He  suggested the committee consider  the language in                                                               
that oath, perhaps instead of the amendment.                                                                                    
                                                                                                                                
CHAIR SHOWER  recalled that  Mississippi requires  legislators to                                                               
take  an oath  that they  will not  pledge their  vote. He  asked                                                               
Senator Reinbold if her question was answered.                                                                                  
                                                                                                                                
SENATOR REINBOLD said yes.                                                                                                      
                                                                                                                                
4:49:37 PM                                                                                                                    
CHAIR   SHOWER  removed   his  objection.   Finding  no   further                                                               
objection, Amendment [1] passed.                                                                                                
                                                                                                                                
4:50:01 PM                                                                                                                    
CHAIR  SHOWER opened  public testimony  on SB  31 and  recognized                                                               
Adam Hykes.                                                                                                                     
                                                                                                                                
4:50:18 PM                                                                                                                    
At ease                                                                                                                         
                                                                                                                                
4:50:36 PM                                                                                                                    
CHAIR SHOWER reconvened the meeting  and noted that Mr. Hykes had                                                               
dropped off line.                                                                                                               
                                                                                                                                
4:50:51 PM                                                                                                                    
CHAIR SHOWER closed public testimony on SB 31.                                                                                  
                                                                                                                                
SENATOR HOLLAND stated support for  the amendment and said he did                                                               
not recall taking a vote in caucus.                                                                                             
                                                                                                                                
SENATOR  COSTELLO  opined that  all  legislators  should be  held                                                               
responsible  for ensuring  that  their  caucuses discuss  general                                                               
strategy. If  at any  time a  vote is required  in caucus,  it is                                                               
incumbent  on all  members  of that  caucus to  say  that is  not                                                               
allowed.                                                                                                                        
                                                                                                                                
SENATOR  REINBOLD stated  that  she does  not  support a  binding                                                               
caucus.                                                                                                                         
                                                                                                                                
CHAIR SHOWER welcomed suggestions to make the bill better.                                                                      
                                                                                                                                
4:54:32 PM                                                                                                                    
SENATOR REINBOLD  moved to report  SB 31, work  order 32-LS0303\A                                                               
as amended,  from committee  with individual  recommendations and                                                               
attached fiscal note(s).                                                                                                        
                                                                                                                                
CHAIR SHOWER  found no  objection and  CSSB 31(STA)  was reported                                                               
from the Senate State Affairs Standing Committee.                                                                               

Document Name Date/Time Subjects
HB 3 Fiscal Note 1ADM.PDF SSTA 5/4/2021 3:30:00 PM
HB 3
HB 3 Legal Memo 20-057kwg.pdf SSTA 5/4/2021 3:30:00 PM
HB 3
HB 3 Sponsor Statement 4.21.21.pdf SSTA 5/4/2021 3:30:00 PM
HB 3
HB 3 Summary of Changes 3.15.21.pdf SSTA 5/4/2021 3:30:00 PM
HB 3
HB 3 Support Document - CISA Critical Infrastructure.pdf SSTA 5/4/2021 3:30:00 PM
HB 3
HB 3 Support Document - DHSS cyber attack impacts more than 100,000 Alaska households.pdf SSTA 5/4/2021 3:30:00 PM
HB 3
HB 3 Support Document - How One Alaskan Borough Survived A Cyber Attack – CitiesSpeak.pdf SSTA 5/4/2021 3:30:00 PM
HB 3
HB 3 Support Document - MSBD Press Release - Mat-Su Declares Disaster for Cyber Attack.pdf SSTA 5/4/2021 3:30:00 PM
HB 3
HB 3 Support Document - Pipeline Artice Alaska Public Media.pdf SSTA 5/4/2021 3:30:00 PM
HB 3
HB 3 Support Document Alaska health department reports data breach _ The Seattle Times.pdf SSTA 5/4/2021 3:30:00 PM
HB 3
HB 3v.W.PDF SSTA 5/4/2021 3:30:00 PM
HB 3
SJR 12 GPO Explanation SSA.pdf SSTA 5/4/2021 3:30:00 PM
SJR 12
SJR 12 Sponsor Statement.pdf SSTA 5/4/2021 3:30:00 PM
SJR 12
SJR 12 v.B.PDF SSTA 5/4/2021 3:30:00 PM
SJR 12
SJR 12 WEP and GPO numbers 2018.pdf SSTA 5/4/2021 3:30:00 PM
SJR 12
SJR 12 WEP Explanation SSA.pdf SSTA 5/4/2021 3:30:00 PM
SJR 12
SB 108 v.A.PDF SSTA 5/4/2021 3:30:00 PM
SB 108
SB 108 Sponsor Statement 4.2.2021.pdf SSTA 5/4/2021 3:30:00 PM
SB 108
SB 108 Sectional 4.2.2021.pdf SSTA 5/4/2021 3:30:00 PM
SB 108
SB 108 Presentation Tribal Litigaiton in AK 4.2.2021.pdf SSTA 5/4/2021 3:30:00 PM
SB 108
SB 108 Background Information President-Nixon Address on Indian affairs 4.2.2021.pdf SSTA 5/4/2021 3:30:00 PM
SB 108
SB 108 Background Information Legal Status of Tribal Governments in Alaska 4.2.2021.pdf SSTA 5/4/2021 3:30:00 PM
SB 108
SB 108 Background Information Baker v. John 982 P.2d 738 (Alaska 1999) 4.2.2021.pdf SSTA 5/4/2021 3:30:00 PM
SB 108
SB118 Sectional on Letterhead FINAL.pdf SSTA 5/4/2021 3:30:00 PM
SB 118
SB118 Sponsor's Statement on Letterhead FINAL.pdf SSTA 5/4/2021 3:30:00 PM
SB 118
SB 109 Additional Documents Council's 2020 Report 04.30.2021.pdf SSTA 5/4/2021 3:30:00 PM
SB 109
SB 109 Sectional Analysis.pdf SSTA 5/4/2021 3:30:00 PM
SB 109
SB 109 Sponsor Statement.pdf SSTA 5/4/2021 3:30:00 PM
SB 109
SB 109 Version A.PDF SSTA 5/4/2021 3:30:00 PM
SB 109
SB126_120-Day-Session_Presentation_SSTA_04May2021.pdf SSTA 5/4/2021 3:30:00 PM
SB 126
SB126_120-Day-Session_Research_History_Length_of_Sessions_1970-2020_charted.pdf SSTA 5/4/2021 3:30:00 PM
SB 126
SB 126_120-Day-Session_Research_Specials-Sessions.pdf SSTA 5/4/2021 3:30:00 PM
SB 126
SB 31 Legal Memo for Amendment.pdf SSTA 5/4/2021 3:30:00 PM
SB 31
SB 31-LEG-SESS Fiscal Note.pdf SSTA 5/4/2021 3:30:00 PM
SB 31
SB 31 Amendment A.1.pdf SSTA 5/4/2021 3:30:00 PM
SB 31
SB 108 Presentation 5.4.2021.pdf SSTA 5/4/2021 3:30:00 PM
SB 108
SB 39 CS v.N 5.5.21.pdf SSTA 5/4/2021 3:30:00 PM
SB 39