Legislature(2019 - 2020)GRUENBERG 120
04/05/2019 01:00 PM House JUDICIARY
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| Audio | Topic |
|---|---|
| Start | |
| SB89 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| + | TELECONFERENCED | ||
| += | SB 89 | TELECONFERENCED | |
ALASKA STATE LEGISLATURE
HOUSE JUDICIARY STANDING COMMITTEE
April 5, 2019
1:04 p.m.
MEMBERS PRESENT
Representative Matt Claman, Chair
Representative Chuck Kopp
Representative Louise Stutes
Representative Adam Wool
Representative David Eastman
MEMBERS ABSENT
Representative Gabrielle LeDoux, Vice Chair
Representative Laddie Shaw
COMMITTEE CALENDAR
CS FOR SENATE BILL NO. 89(JUD)
"An Act relating to the Legislative Ethics Act; and providing
for an effective date."
- MOVED HCS CSSB 89(JUD) OUT OF COMMITTEE
PREVIOUS COMMITTEE ACTION
BILL: SB 89
SHORT TITLE: LEGISLATURE: ETHICS, CONFLICTS
SPONSOR(s): RULES
03/13/19 (S) READ THE FIRST TIME - REFERRALS
03/13/19 (S) JUD
03/18/19 (S) JUD AT 1:30 PM BELTZ 105 (TSBldg)
03/18/19 (S) Heard & Held
03/18/19 (S) MINUTE(JUD)
03/20/19 (S) JUD AT 1:30 PM BELTZ 105 (TSBldg)
03/20/19 (S) Moved CSSB 89(JUD) Out of Committee
03/20/19 (S) MINUTE(JUD)
03/22/19 (S) JUD RPT CS 1DP 3NR 1AM SAME TITLE
03/22/19 (S) DP: HUGHES
03/22/19 (S) NR: REINBOLD, MICCICHE, SHOWER
03/22/19 (S) AM: KIEHL
03/27/19 (S) TRANSMITTED TO (H)
03/27/19 (S) VERSION: CSSB 89(JUD)
03/29/19 (H) READ THE FIRST TIME - REFERRALS
03/29/19 (H) JUD
04/01/19 (H) JUD AT 1:00 PM GRUENBERG 120
04/01/19 (H) Heard & Held
04/01/19 (H) MINUTE(JUD)
04/05/19 (H) JUD AT 1:00 PM GRUENBERG 120
WITNESS REGISTER
CHAD HUTCHISON, Senate Majority Counsel
Alaska State Legislature
Juneau, Alaska
POSITION STATEMENT: Answered questions during the hearing on SB
89.
ACTION NARRATIVE
1:04:17 PM
CHAIR MATT CLAMAN called the House Judiciary Standing Committee
meeting to order at 1:04 p.m. Representatives Kopp, Wool,
Stutes, and Claman were present at the call to order.
Representative Eastman arrived as the meeting was in progress.
SB 89-LEGISLATURE: ETHICS, CONFLICTS
1:04:50 PM
CHAIR CLAMAN announced that the only order of business would be
SENATE BILL NO. 89 "An Act relating to the Legislative Ethics
Act; and providing for an effective date." [Before the
committee was CSSB 89(JUD), version 31-LS0209\K.]
1:05:01 PM
CHAIR CLAMAN announced that the committee would take up
amendments to SB 89. He noted that Legislative Legal Services
has permission to make any technical and conforming changes to
the bill. Chair Claman passed the gavel to Representative
Stutes.
1:05:22 PM
CHAIR CLAMAN moved to adopt Amendment 1, labeled 31-LS0209\K.5,
Wayne, 4/1/19, which read as follows:
Page 2, line 9, following "legislator":
Insert "or the legislator's spouse is employed
or"
Page 2, line 18, following "legislator":
Insert "or the legislator's spouse"
Page 2, line 23, following "legislator":
Insert "or the legislator's spouse"
REPRESENTATIVE STUTES objected for purpose of discussion.
CHAIR CLAMAN explained that Amendment 1 would expand the
coverage for an ethics disclosure to a legislators spouse. He
said the current language of the bill requires only the
legislator to disclose various financial interests. He noted
that this amendment would require the disclosure of active
employment in addition to any negotiations for employment.
REPRESENTATIVE STUTES removed her objection. She asked whether
there was any further objection to adopting Amendment 1. There
being no objection, it was so ordered.
1:06:45 PM
CHAIR CLAMAN moved to adopt Amendment 2, labeled 31-LS0209\K.11,
Wayne, 4/1/19, which read as follows:
Page 1, following line 2:
Insert a new bill section to read:
"* Section 1. AS 24.60.010 is amended by adding a new
paragraph to read:
(9) a fair and open government requires that
constituents have unencumbered access to legislators
about issues important to the state pursuant to art.
I, secs. 5 and 6, Constitution of the State of Alaska,
which protect the right of a legislator and a
constituent to meet and the right of a person to
petition the government, and this chapter is not
intended to restrict those rights."
Page 1, line 3:
Delete "Section 1"
Insert "Sec. 2"
Renumber the following bill sections accordingly.
REPRESENTATIVE STUTES objected for purpose of discussion.
CHAIR CLAMAN said he felt the Select Committee on Legislative
Ethics addressed House Bill 44 [passed in the Thirtieth Alaska
State Legislature] in ways that ignored constitutional
requirements regarding a citizens right to petition his/her
government. He added that he felt freedom of speech issues were
also at play. He cited the committees ethics opinions that
suggested legislators could not have private meetings with
constituents. He explained that Amendment 2 would add intent
language to AS 24.60.010 that the Select Committee on
Legislative Ethics would not be able to ignore. He said the
language spells out the importance of ensuring legislators have
free access to their constituents even if the legislator has
conflicts.
1:08:08 PM
REPRESENTATIVE WOOL asked about language in the amendment that
would protect the rights of legislators and constituents to
meet. He asked whether the term constituents limits
protections to just constituents or whether it covers other
persons who may meet with a legislator.
CHAIR CLAMAN said he believes that the language covers other
persons and not just constituents.
1:08:42 PM
REPRESENTATIVE STUTES removed her objection. She asked whether
there was any further objection to adopting Amendment 2. There
being no objection, it was so ordered.
1:09:22 PM
CHAIR CLAMAN encouraged support for SB 89 as amended. He said
it would address challenges that have arisen due to the Select
Committee on Legislative Ethicss analysis of House Bill 44. He
said while legislators may disagree with the committees
analysis, the best way to address the issue is through
legislation.
REPRESENTATIVE STUTES passed the gavel back to Chair Claman.
1:10:39 PM
REPRESENTATIVE EASTMAN said SB 89 is a partial fix to issues
that have been raised. He asked if there is a plan to fix the
rest of it.
CHAD HUTCHISON, Senate Majority Counsel, Alaska State
Legislature, said he would leave that to legislators. He said
he has no comment on the next step.
1:11:42 PM
REPRESENTATIVE EASTMAN said he felt the bill and amendments are
well-intended. He said the process and outcome of House Bill 44
was "just a mess." He suggested repealing House Bill 44 and
restarting the process.
1:12:27 PM
REPRESENTATIVE WOOL said he agrees somewhat with Representative
Eastman. He said, in a perfect world, changes would be made to
the Alaska State Legislature Uniform Rules. He said he thinks
that was the original intent of House Bill 44s prime sponsor.
He said the fix proposed in SB 89 is the best thing going
forward given where the legislature currently stands.
1:12:53 PM
REPRESENTATIVE KOPP said he appreciates the efforts made by
[Senator Coghill], the prime sponsor, to swiftly obtain
consensus and target the most problematic provisions of House
Bill 44. He said he is pleased to move SB 89 forward.
1:13:15 PM
CHAIR CLAMAN said he appreciates the work done by Senator
Coghill and his staff.
1:13:34 PM
REPRESENTATIVE STUTES moved to report version 31-LS0209\K of SB
89, as amended, out of committee with individual recommendations
and the attached fiscal note. There being no objection, HCS
CSSB 89(JUD) was moved from the House Judiciary Standing
Committee.
1:14:07 PM
ADJOURNMENT
There being no further business before the committee, the House
Judiciary Standing Committee meeting was adjourned at 1:14 p.m.
| Document Name | Date/Time | Subjects |
|---|---|---|
| SB089 ver K 4.1.19.PDF |
HJUD 4/1/2019 1:00:00 PM HJUD 4/5/2019 1:00:00 PM |
SB 89 |
| SB089 Sponsor Statement 4.1.19.pdf |
HJUD 4/1/2019 1:00:00 PM HJUD 4/5/2019 1:00:00 PM |
SB 89 |
| SB089 Sectional Analysis ver K 4.1.19.pdf |
HJUD 4/1/2019 1:00:00 PM HJUD 4/5/2019 1:00:00 PM |
SB 89 |
| SB089 Explanation of Changes ver U to ver K 4.1.19.pdf |
HJUD 4/1/2019 1:00:00 PM HJUD 4/5/2019 1:00:00 PM |
SB 89 |
| SB089 Supporting Document-Advisory Opinion 18-05 4.1.19.pdf |
HJUD 4/1/2019 1:00:00 PM HJUD 4/5/2019 1:00:00 PM |
SB 89 |
| SB089 Supporting Document-Advisory Opinion 19-01 4.1.19.pdf |
HJUD 4/1/2019 1:00:00 PM HJUD 4/5/2019 1:00:00 PM |
SB 89 |
| SB089 PowerPoint Presentation 4.1.19.pdf |
HJUD 4/1/2019 1:00:00 PM HJUD 4/5/2019 1:00:00 PM |
SB 89 |
| SB089 Fiscal Note LEG-SESS 4.1.19.pdf |
HJUD 4/1/2019 1:00:00 PM HJUD 4/5/2019 1:00:00 PM |
SB 89 |
| SB089 Amendments #1-2 4.5.19.pdf |
HJUD 4/5/2019 1:00:00 PM |
SB 89 |
| SB089 Amendments #1-2 HJUD Final Votes 4.5.19.pdf |
HJUD 4/5/2019 1:00:00 PM |
SB 89 |