Legislature(1997 - 1998)

04/16/1998 08:05 AM House STA

Audio Topic
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
txt
       HOUSE STATE AFFAIRS STANDING COMMITTEE                                  
                   April 16, 1998                                              
                     8:05 a.m.                                                 
                                                                               
                                                                               
MEMBERS PRESENT                                                                
                                                                               
Representative Jeannette James, Chair                                          
Representative Ivan Ivan, Vice Chairman                                        
Representative Ethan Berkowitz                                                 
Representative Joe Ryan                                                        
Representative Kim Elton                                                       
Representative Mark Hodgins                                                    
                                                                               
MEMBERS ABSENT                                                                 
                                                                               
Representative Al Vezey                                                        
                                                                               
COMMITTEE CALENDAR                                                             
                                                                               
* HOUSE BILL 481                                                               
"An Act relating to application for and payment of permanent fund              
dividends of certain deceased individuals; and providing for an                
effective date."                                                               
                                                                               
     - MOVED CSHB 481(STA) OUT OF COMMITTEE                                    
                                                                               
CS FOR SENATE BILL 105(FIN) AM                                                 
"An Act relating to legislative and executive branch ethics;                   
relating to campaign finances for candidates for state office;                 
relating to the conduct and regulation of lobbyists with respect to            
public officials; relating to the filing of disclosures by certain             
state employees and officials; making a conforming amendment to the            
definition of 'public official' for employment security statutes;              
and providing for an effective date."                                          
                                                                               
     - HEARD AND HELD                                                          
                                                                               
(* First public hearing)                                                       
                                                                               
PREVIOUS ACTION                                                                
                                                                               
BILL: HB 481                                                                   
SHORT TITLE: PERMANENT FUND DIVIDENDS FOR ESTATES                              
SPONSOR(S): STATE AFFAIRS                                                      
                                                                               
Jrn-Date    Jrn-Page           Action                                          
 4/03/98      2869     (H)  READ THE FIRST TIME - REFERRAL(S)                  
 4/03/98      2870     (H)  STATE AFFAIRS, FINANCE                             
 4/16/98               (H)  STA AT  8:00 AM CAPITOL 102                        
                                                                               
BILL: SB 105                                                                   
SHORT TITLE: ETHICS/LOBBYING/CAMPAIGN FINANCE                                  
SPONSOR(S): RULES BY REQUEST OF LEGISLATIVE ETHICS COMMITTEE                   
                                                                               
Jrn-Date    Jrn-Page           Action                                          
 2/25/97       494     (S)  READ THE FIRST TIME - REFERRAL(S)                  
 2/25/97       494     (S)  STATE AFFAIRS, FINANCE                             
 3/11/97               (S)  STA AT  3:30 PM BELTZ ROOM 211                     
 3/11/97               (S)  MINUTE(STA)                                        
 3/13/97               (S)  STA AT  3:30 PM BELTZ ROOM 211                     
 3/13/97               (S)  MINUTE(STA)                                        
 3/18/97               (S)  MINUTE(STA)                                        
 3/25/97               (S)  STA AT  3:30 PM BELTZ ROOM 211                     
 3/25/97               (S)  MINUTE(STA)                                        
 3/26/97       873     (S)  STA RPT  CS  3DP   NEW TITLE                       
 3/26/97       873     (S)  DP: GREEN, MILLER, WARD                            
 3/26/97       873     (S)  FISCAL NOTE TO SB (ADM)                            
 3/26/97       873     (S)  ZERO FISCAL NOTE TO SB (LAA)                       
 3/26/97       873     (S)  FISCAL NOTE TO CS (ADM)                            
 4/10/97               (S)  FIN AT  5:00 PM SENATE FINANCE 532                 
 4/10/97               (S)  MINUTE(FIN)                                        
 4/10/97               (S)  MINUTE(FIN)                                        
 4/15/97               (S)  FIN AT  8:00 AM SENATE FINANCE 532                 
 4/15/97               (S)  MINUTE(FIN)                                        
 4/16/97               (S)  FIN AT  8:00 AM SENATE FINANCE 532                 
 4/16/97               (S)  MINUTE(FIN)                                        
 4/16/97               (S)  MINUTE(FIN)                                        
 4/16/97      1163     (S)  FIN RPT  CS  2DP 5NR   NEW TITLE                   
 4/16/97      1163     (S)  DP: PEARCE; DP IF AM: PHILLIPS                     
 4/16/97      1163     (S)  NR: SHARP, PARNELL, ADAMS, TORGERSON,              
 4/16/97      1163     (S)  DONLEY                                             
 4/16/97      1163     (S)  PREVIOUS ZERO FN APPLIES (LAA)                     
 4/16/97      1163     (S)  ZERO FNS TO CS (LABOR, LAW)                        
 4/16/97      1163     (S)  PREVIOUS ZERO FN APPLIES (LAA)                     
 4/18/97               (S)  RLS AT 10:45 AM FAHRENKAMP RM 203                  
 4/18/97               (S)  MINUTE(RLS)                                        
 4/18/97      1276     (S)  RULES TO CALENDAR & 1NR   4/18/97                  
 4/18/97      1279     (S)  READ THE SECOND TIME                               
 4/18/97      1279     (S)  FIN  CS ADOPTED UNAN CONSENT                       
 4/18/97      1280     (S)  AM NO  1     OFFERED AND WITHDRAWN                 
 4/18/97      1281     (S)  AM NO  2     FAILED Y4 N13 E3                      
 4/18/97      1282     (S)  AM NO  3     FAILED Y4 N13 E3                      
 4/18/97      1283     (S)  AMENDMENTS 4, 5 NOT OFFERED                        
 4/18/97      1283     (S)  AM NO  6     ADOPTED Y12 N5 E3                     
 4/18/97      1285     (S)  AM NO  7     FAILED Y7 N10 E3                      
 4/18/97      1286     (S)  AM NO  8     FAILED Y5 N12 E3                      
 4/18/97      1287     (S)  AM NO  9     ADOPTED Y17 N- E3                     
 4/18/97      1291     (S)  ADVANCED TO THIRD READING UNAN                     
                            CONSENT                                            
 4/18/97      1291     (S)  READ THE THIRD TIME  CSSB 105(FIN) AM              
 4/18/97      1292     (S)  PASSED Y15 N2 E3                                   
 4/18/97      1292     (S)  EFFECTIVE DATE(S) SAME AS PASSAGE                  
 4/18/97      1292     (S)  LINCOLN  NOTICE OF RECONSIDERATION                 
 4/21/97      1334     (S)  RECON TAKEN UP - IN THIRD READING                  
 4/21/97      1335     (S)  RETURN TO SECOND FOR AM 10 UNAN                    
                            CONSENT                                            
 4/21/97      1335     (S)  AM NO 10     ADOPTED Y14 N5 E1                     
 4/21/97      1336     (S)  AUTOMATICALLY IN THIRD READING                     
 4/21/97      1337     (S)  PASSED ON RECONSIDERATION Y17 N2 E1                
 4/21/97      1337     (S)  EFFECTIVE DATE(S) SAME AS PASSAGE                  
 4/21/97      1370     (S)  TRANSMITTED TO (H)                                 
 4/22/97      1232     (H)  READ THE FIRST TIME - REFERRAL(S)                  
 4/22/97      1233     (H)  STATE AFFAIRS, FINANCE                             
 2/05/98               (H)  STA AT  8:00 AM CAPITOL 102                        
 2/05/98               (H)  MINUTE(STA)                                        
 2/12/98               (H)  STA AT  8:00 AM CAPITOL 102                        
 2/12/98               (H)  MINUTE(STA)                                        
 2/17/98               (H)  STA AT  8:00 AM CAPITOL 102                        
 2/17/98               (H)  MINUTE(STA)                                        
 2/19/98               (H)  MINUTE(STA)                                        
 2/24/98               (H)  STA AT  3:00 PM CAPITOL 102                        
 2/24/98               (H)  MINUTE(STA)                                        
 2/26/98               (H)  STA AT  3:00 PM CAPITOL 102                        
 2/26/98               (H)  MINUTE(STA)                                        
 3/03/98               (H)  STA AT  3:00 PM CAPITOL 102                        
 3/03/98               (H)  MINUTE(STA)                                        
 3/05/98               (H)  STA AT  3:00 PM CAPITOL 102                        
 3/05/98               (H)  MINUTE(STA)                                        
 3/12/98               (H)  STA AT  1:00 PM CAPITOL 102                        
 3/12/98               (H)  MINUTE(STA)                                        
 3/19/98               (H)  STA AT  3:00 PM CAPITOL 102                        
 3/19/98               (H)  MINUTE(STA)                                        
 3/26/98               (H)  STA AT  1:00 PM CAPITOL 102                        
 3/26/98               (H)  MINUTE(STA)                                        
 4/04/98               (H)  STA AT 10:00 AM CAPITOL 102                        
 4/04/98               (H)  MINUTE(STA)                                        
 4/07/98               (H)  STA AT  8:00 AM CAPITOL 102                        
 4/09/98               (H)  STA AT  8:00 AM CAPITOL 102                        
 4/09/98               (H)  MINUTE(STA)                                        
 4/16/98               (H)  STA AT  8:00 AM CAPITOL 102                        
                                                                               
WITNESS REGISTER                                                               
                                                                               
JULIE TAURIAINEN, Legislative Assistant                                        
  to Representative Gary Davis                                                 
Alaska State Legislature                                                       
Capitol Building, Room 513                                                     
Juneau, Alaska  99801                                                          
Telephone:  (907) 465-4939                                                     
POSITION STATEMENT:  Explained HB 481.                                         
                                                                               
NANCI JONES, Director                                                          
Permanent Fund Dividend Division                                               
Department of Revenue                                                          
P.O. Box 110460                                                                
Telephone:  (907) 465-2323                                                     
POSITION STATEMENT:  Provided information on HB 481.                           
                                                                               
BEN BROWN, Legislative Administrative                                          
  Assistant to Senator Kelly                                                   
Alaska State Legislature                                                       
Capitol Building, Room 101                                                     
Juneau, Alaska  99801                                                          
Telephone:  (907) 465-4823                                                     
POSITION STATEMENT:  Provided information on SB 105.                           
                                                                               
SUZIE BARNETT, Professional Assistant                                          
  Legislative Ethics Committee                                                 
P.O. Box 101468                                                                
Anchorage, Alaska  99510                                                       
Telephone:  (907) 258-8172                                                     
POSITION STATEMENT:  Available to answer questions on SB 105                   
                                                                               
NEIL SLOTNICK, Assistant                                                       
  Attorney General                                                             
Commercial Section                                                             
Department of Law                                                              
P.O. Box 1103000                                                               
Juneau, Alaska  99811                                                          
Telephone:  (907) 465-3600                                                     
POSITION STATEMENT:  Provided information on SB 105.                           
                                                                               
ACTION NARRATIVE                                                               
                                                                               
TAPE 98-52, SIDE A                                                             
Number 0001                                                                    
                                                                               
CHAIR JEANNETTE JAMES called the House State Affairs Standing                  
Committee meeting to order at 8:05 a.m.  Members present at the                
call to order were Representatives James, Ivan, Elton and Hodgins.             
Representatives Berkowitz and Ryan arrived at 8:10 a.m.                        
                                                                               
HB 481 - PERMANENT FUND DIVIDENDS FOR ESTATES                                  
                                                                               
Number 0001                                                                    
                                                                               
CHAIR JAMES announced the first order of business is HB 481, "An               
Act relating to application for and payment of permanent fund                  
dividends of certain deceased individuals; and providing for an                
effective date."                                                               
                                                                               
Number 0006                                                                    
                                                                               
JULIE TAURIAINEN, Legislative Assistant to Representative Gary                 
Davis, Alaska State Legislature, presented the bill.  She said HB
481 corrects an inequity in the categories of individuals who may              
apply for permanent fund dividends (PFD).  One category of                     
individuals who have been deprived of receiving their permanent                
fund, these are individuals who are eligible to receive their                  
permanent fund but because they died during the application period,            
before applying, they do not receive their permanent fund dividend.            
In other words, they died at the wrong time of the year.                       
                                                                               
MS. TAURIAINEN said permanent fund dividends are applied for                   
between January 2 and March 31 of the year following the year for              
which the dividend applies, so you earn it the year before.                    
Currently regulation allows, that if an applicant applies and then             
passes away before receiving their PFD, their estate may keep the              
dividend.  However, if a potential applicant dies within the                   
application period, but before applying for the PFD, their estate              
is unable to file for the PFD.  This creates a class of individuals            
based solely on the date of their death.                                       
                                                                               
Number 0018                                                                    
                                                                               
MS. TAURIAINEN explained HB 481 fixes the problem because it allows            
for estates or heirs, of individuals who are otherwise eligible but            
died during the application period, to apply for the deceased's                
PFD.  It also adds into statute that an estate may keep a PFD of an            
individual who passes away after filing but before receiving their             
PFD.                                                                           
                                                                               
MS. TAURIAINEN concluded HB 481 requires no additional funding,                
however, the benefit to a family who are paying for a funeral or               
medical costs would be great.                                                  
                                                                               
Number 0023                                                                    
                                                                               
REPRESENTATIVE KIM ELTON indicated the class of individuals created            
isn't based on their death or the date of their death.  It's based             
on whether or not they made the application before they died.  He              
said we're not discriminating against someone because they died,               
it's because they didn't apply before they died when the                       
application period was open.                                                   
                                                                               
Number 0029                                                                    
                                                                               
MS. TAURIAINEN replied there are two ways you can look at that.  If            
you die on January 2...                                                        
                                                                               
[DUE TO A MALFUNCTION, A PORTION OF THE MEETING WAS NOT RECORDED].             
                                                                               
Number 0039                                                                    
                                                                               
REPRESENTATIVE MARK HODGINS made a motion to adopt HCSHB 481,                  
version LS1716\B, Cook, 4/15/98, as a working document.  There                 
being no objection that version was before the committee.                      
                                                                               
Number 0042                                                                    
                                                                               
CHAIR JAMES asked Ms. Taurianinen to explain the difference.                   
                                                                               
MS. TAURIAINEN responded the difference is we're at the request of             
the permanent fund.  She referred to the bottom of page 1, on the              
original bill, the application date.  She said there was a separate            
application date that went through the 31st of July which created              
a problem for PFD because it was a whole new application date.  So,            
this falls in line with the current application date of March 31.              
Then the retroactivity was taken out on what is now Section 3, it              
used to say January 1, 1997, and now it's to 1998.                             
                                                                               
Number 0048                                                                    
                                                                               
CHAIR JAMES asked if there were any objections to adopting HCSHB
481, version LS1716\B, Cook, 4/15/98.  There being none, that                  
version was before the committee.                                              
                                                                               
CHAIR JAMES noted for the record that Representatives Berkowitz and            
Ryan are present.                                                              
                                                                               
Number 0052                                                                    
                                                                               
NANCI JONES, Director, Permanent Fund Dividend Division, Department            
of Revenue, came before the committee.  She said we currently have             
a provision to pay part of your dividends to 18-year-olds, who                 
during their lifetime, their parents did not apply for them.  She              
indicated they made provisions for them and also for [the                      
Department of] Health and Social Services (H&SS) for children that             
are in their custody and seemed to fall through the cracks between             
the parents and H&SS, including disabled individuals who are not               
able to file for themselves.                                                   
                                                                               
Number 0058                                                                    
                                                                               
REPRESENTATIVE HODGINS asked who gets those permanent funds when               
you file for a dependent child or someone that's in the Division of            
Family and Youth Services system.  Does a child actually receive               
that or is that gobbled up in the state?                                       
                                                                               
MS. JONES replied no, it's put in a trust for the child.                       
                                                                               
Number 0062                                                                    
                                                                               
REPRESENTATIVE HODGINS made a motion to move HB 481 out of                     
committee as amended, with individual recommendations and attached             
zero fiscal note.  There being no objection, CSHB 481(STA) moved               
from the House State Affairs Standing Committee.                               
                                                                               
SB 105 - ETHICS/LOBBYING/CAMPAIGN FINANCE                                      
                                                                               
Number 0070                                                                    
                                                                               
CHAIR JAMES announced the next order of business is CSSB 105(FIN)              
AM, "An Act relating to legislative and executive branch ethics;               
relating to campaign finances for candidates for state office;                 
relating to the conduct and regulation of lobbyists with respect to            
public officials; relating to the filing of disclosures by certain             
state employees and officials; making a conforming amendment to the            
definition of 'public official' for employment security statutes;              
and providing for an effective date."                                          
                                                                               
CHAIR JAMES noted Suzie Barnett and Mike McMullen were available to            
testify.  She stated there are other amendments and that she                   
doesn't plan to move SB 105 out until Saturday.  She indicated the             
Alaska Railroad hearing, regarding land between Fairbanks and                  
Eielson, will also be addressed.                                               
                                                                               
Number 0078                                                                    
                                                                               
REPRESENTATIVE HODGINS reminded the committee they were embroiled              
in an amendment which he presented for Representative Ryan at the              
last meeting.                                                                  
                                                                               
CHAIR JAMES acknowledged they adjourned with Amendment L.8 on the              
table and called a brief at-ease.                                              
                                                                               
Number 0087                                                                    
                                                                               
BEN BROWN, Legislative Administrative Assistant to Senator Kelly,              
Alaska State Legislature, came before the committee.  He explained             
it adds a new section [Section 62].                                            
                                                                               
CHAIR JAMES suggested first dealing with Amendment L.8, which has              
already been amended, and then taking up the CS.                               
                                                                               
Number 0115                                                                    
                                                                               
REPRESENTATIVE ELTON objected.  He said we're expecting anybody                
that makes a complaint to first make a determination of whether                
it's frivolous or not.  He stated there were considerable questions            
raised about what the Ethics Act does now, let alone what it would             
do as amended.  Representative Elton said he believes we're                    
creating a threshold, that a lot of people considering filing                  
complaints may not want to step over.  The other effect of this                
amendment is, it's going to make the Legislative Ethics Committee              
make an initial determination of whether or not a complaint is                 
frivolous, and they're going to have the courts looking over their             
backs.                                                                         
                                                                               
REPRESENTATIVE ELTON submitted it doesn't matter whether this is in            
here or not.  He said there are civil actions that can be taken                
outside the Ethics Act - in the case of something that is liable or            
slanderous.  He believes it's something we don't need and we're                
complicating the Ethics Act.  It's also a dash of cold water in the            
face of a lot of people who may not understand what frivolous                  
means.                                                                         
                                                                               
Number 0130                                                                    
                                                                               
MR. BROWN said the one concern he has is in Section 46, page 28,               
line 11, AS 24.60.170(3).  He noted this is adding to the complaint            
receipt and processing process.  We specifically enable the                    
committee to return things for frivolity:                                      
                                                                               
     that the complaint is frivolous on its face, that there is                
     insufficient credible information that can be uncovered to                
     warrant further investigation by the committee,                           
                                                                               
MR. BROWN indicated that's the same intent of the amendment before             
us.  He said he didn't know that both approaches are necessary                 
because there is a concern that we might almost undo what we're                
doing in Section 42 because it will make Ms. Barnett uncomfortable             
determining frivolity if she knows that there is a potential for a             
$5,000 penalty attached.  Every time frivolity is determined, it's             
going to have to be done by the full committee.  Mr. Brown                     
mentioned the other thing is, is we're not doing this for the                  
executive branch.                                                              
                                                                               
Number 0145                                                                    
                                                                               
REPRESENTATIVE ELTON said it's not $5,000 that we're talking about,            
it's $5,000 or the greater of actual damages so it could be                    
considerable.                                                                  
                                                                               
     The subject of the complaint may recover the greater of actual            
     damages or $5,000 from the person who filed the complaint.                
                                                                               
CHAIR JAMES stated actual damages in any case should be recognized.            
She indicated it would bother her if it said there aren't any                  
damages at all, (indisc.) still get $5,000.                                    
                                                                               
REPRESENTATIVE BERKOWITZ said if it's frivolous, nothing's going to            
happen, it's going to get screened out, and if there's no                      
jurisdiction, it's going to get screened out.  So there aren't                 
going to be any actual damages on account of it, we're creating a              
disincentive for people to make applications.  He said he thinks               
the protection for the legislators, against frivolous or                       
nonjuridical complaints, is already in this bill.                              
                                                                               
Number 0156                                                                    
                                                                               
CHAIR JAMES agrees with Representative Elton's assumption that this            
will cause people not to want to file complaints, and believes                 
that's the true intent of it.  She said there is that argument that            
every single person should be able to file every complaint that                
they want to make.  She also doesn't think this is necessarily                 
workable and believes the goal is to stop people from filing                   
frivolous complaints.  Chair James indicated she doesn't believe               
anyone would ever collect $5,000 because people would be more                  
serious about filing complaints if they knew, that if it was                   
determined to be frivolous, they wouldn't.                                     
                                                                               
CHAIR JAMES said when it comes to affecting a person's life                    
negatively, or if there's a cost involved, there certainly ought to            
be a way to address that.  Going to court is always an option, but             
when people plead ignorance, it's very remote to getting anything              
out of it, so you're damaged and they got off-the-hook, scot-free.             
When it comes to ethics, we all know what our intent is as to                  
whether or not it's ethical but nobody is measured on intent                   
regarding ethics.  The whole problem she has with this issue is                
that ethics is one of those areas you can't win on because it                  
doesn't measure your intent, it measures what you've done and                  
somebody else's idea of what your intent was.  She said it's                   
contrary to common law, which common law bases our decisions of our            
wrong doing on our intent.  Ethics is a whole new ball game of its             
own.  She indicated she doesn't like it and wished the legislature             
did not have an ethics committee.  It's ridiculous to her that the             
public would demand such a committee.  However, she will try to                
give them everything she can and the tools to do their job which               
they have been assigned to do.                                                 
                                                                               
CHAIR JAMES asked Representative Ryan if he wanted to speak to                 
this.                                                                          
                                                                               
REPRESENTATIVE RYAN replied no.                                                
                                                                               
Number 0187                                                                    
                                                                               
REPRESENTATIVE BERKOWITZ pointed out that it is a crime under AS               
11.56.805.  It's a class A misdemeanor to make a false accusation              
with the Select Committee on Legislative Ethics.  He said, so                  
that's in position, it's a class A misdemeanor but it's a class B              
felony - interference with official proceedings if a person                    
threatens anyone with intent to affect the outcome of an official              
proceeding.  The criminal statutes make provision for people who               
abuse this process.                                                            
                                                                               
CHAIR JAMES said that's absolutely true.  Her own observation of               
someone filing a case in court, is that you can't really take it to            
small claims because in small claims that person has to agree that             
they owe it.  She said there's no real benefit of taking it to                 
court unless there's a large sum of money, and so these things go              
unattended.  On top of that, to determine that somebody made a                 
false statement, you first of all have to know that they knew that             
they were making a false statement.  You have to prove that they               
intended to do it that way.  Chair James concluded that the whole              
issue is cloudy and thinks they talked about this enough and should            
vote on the amendment.                                                         
                                                                               
Number 0201                                                                    
                                                                               
REPRESENTATIVE ELTON stated he doesn't disagree with a lot of what             
Chair James is saying, but indicated he is uncomfortable with the              
definition of frivolous because it's going to be a different                   
definition as we go to each person at the table.  He remarked we               
can define false, but he's not sure we can define frivolous.                   
                                                                               
CHAIR JAMES said she would like to try.  What she understands                  
frivolous to mean is out and about on it's own with no basis of                
facts and of no need, it's extra, it's on top of everything else,              
it has no purpose.                                                             
                                                                               
Number 0208                                                                    
                                                                               
SUZIE BARNETT, Professional Assistant to the Legislative Ethics                
Committee, testified via teleconference and asked to speak to two              
things in the amendment that concern her.  She said they are the               
words, "or the committee lacks jurisdiction," which is a whole                 
different issue altogether.  Those who have served on the ethics               
committee can tell you that it can be a very close call as whether             
an allegation falls within the ethics code or not.  Ms. Barnett                
said she doesn't believe the legislature truly expects the public              
to have an attorney's in depth understanding of the ethics code.               
For example, if a legislator embezzled funds from a company that he            
or she worked for, somebody out in the public may read that and may            
think that's clearly unethical behavior.  However, the ethics code             
doesn't address embezzlement unless state resources were used in               
some way.  So, should that person be potentially fined because the             
committee would have to find that it lacks jurisdiction.  She                  
mentioned that it probably wasn't a politically motivated                      
complaint, it was just someone in the public outraged.                         
                                                                               
SUZIE BARNETT said the second part is, just to kind of repeat what             
Mr. Brown was saying, she said she believes Representative Ryan and            
the committee have the same goal, and that is to be able to not                
deal with frivolous complaints so that there aren't damages as                 
talked about.  The committee put that in.  She stressed that she is            
very concerned that, with this amendment, there's a danger that the            
committee may incorrectly create a situation that punishes the                 
person who felt they were filing a valid complaint.  In that case,             
the committee might choose to deal with all complaints in the                  
manner they do now, having to deal with them, the whole committee              
looking at them, so that there isn't this fear of potentially                  
damaging someone and having the court look at it.                              
                                                                               
Number 0226                                                                    
                                                                               
CHAIR JAMES asked if the objection is still maintained on Amendment            
L.8.                                                                           
                                                                               
REPRESENTATIVE ELTON replied yes.                                              
                                                                               
CHAIR JAMES asked for a roll call vote.  Representatives Hodgins               
and Ryan voted in favor of the amendment.  Representatives Ivan,               
Berkowitz, Elton and James voted against it.  Therefore Amendment              
L.8 failed by a vote of 2-4.                                                   
                                                                               
Number 0233                                                                    
                                                                               
REPRESENTATIVE HODGINS made a motion to move proposed committee                
substitute LS0074\P, Cramer, 4/9/98, as the working document.                  
                                                                               
REPRESENTATIVE BERKOWITZ, for clarification, asked if Version P is             
solely the incorporation of amendments previously accepted by this             
committee.                                                                     
                                                                               
CHAIR JAMES replied that's correct, there being no objections, that            
version is before the committee.  She again announced the committee            
will only walk through the amendments because there will be more               
amendments offered since the bill is currently being reviewed by               
the leadership in the House.                                                   
                                                                               
Number 0257                                                                    
                                                                               
MR. BROWN explained Version P.1 very much mirrors what we put in               
the bill last week which put a moratorium on the receipt of new                
complaints by the Legislative Ethics Committee in a campaign                   
period, the period immediately preceding an election.  He said                 
that's the period when it's likeliest to be politicized, that a                
complaint is going to be filed for the wrong reasons, that it's not            
going to be possible for the committee to investigate adequately               
and come up with a resolution in a fair manner to the subject.                 
Therefore, the subject is going to be at a political disadvantage              
because of misuse of the legislative ethics system.                            
                                                                               
     Page 27, line 28, following ".":  Insert:                                 
                                                                               
     The committee shall treat a complaint concerning the conduct              
     of a candidate for election to state office that is pending at            
     the beginning of a campaign period in accordance with (p) of              
     this section.                                                             
                                                                               
     Page 31. line 6:                                                          
                                                                               
     Delete: "a new subsection"                                                
     Insert: "new subsections"                                                 
                                                                               
     Page 31, line 21, following "."  Insert:                                  
                                                                               
     (p) When the committee has a complaint concerning the conduct             
     of a candidate for state office pending before it at the                  
     beginning of a campaign period that has not resulted in the               
     issuance of formal charges under (h) of this section, the                 
     committee may proceed with its consideration of the complaint             
     only to the extent that the committee's actions are                       
     confidential under this section.  The committee may not,                  
     during a campaign period, issue a dismissal order or decision             
     under (f) of this section, issue an opinion under (g) of this             
     section, or formally charge a person under (h) of this                    
     section.  If the committee has formally charged a person under            
     (h) of this section and the charge is still pending when a                
     campaign period begins, the committee shall suspend any public            
     hearings on the matter until after the campaign period ends.              
     The parties to the hearing may continue with discovery during             
     the campaign period.  If a hearing has been completed before              
     the beginning of a campaign period but the committee has not              
     yet issued its decision, the committee may not issue the                  
     decision until after the end of the campaign period.                      
     Notwithstanding the suspension of public proceeding provided              
     for in this subsection, a candidate who is the subject of a               
     complaint may notify the committee in writing that the                    
     candidate chooses to have the committee proceed with the                  
     complaint under this section.                                             
          (q)                                                                  
                                                                               
     Page 31, line 22:                                                         
                                                                               
     Delete:  "subsection"                                                     
     Insert:  "section"                                                        
                                                                               
Number 0262                                                                    
                                                                               
MR. BROWN stated the concern is that there are times when it's not             
a matter of receiving a new complaint that the committee may find              
itself being forced to act in a political way.  And the case being,            
release the public information concerning a complaint that had been            
received before the moratorium began.  He said he believes what                
this will do is prevent the committee's release of public                      
information in a time-period similar to the moratorium dealing with            
the receipt of new complaints.  So, the committee would still be               
able to dismiss a complaint that's confidential communication that             
goes to the complainant and to the subject during this moratorium.             
The committee can also adopt a resolution outlining the frivolous              
investigation which is not a dismissal that's still technically a              
confidential communication.  He indicated all the communications               
after that point are public information.                                       
                                                                               
MS. BARNETT stated she hasn't received a copy of the Amendment P.1.            
                                                                               
Number 0278                                                                    
                                                                               
REPRESENTATIVE BERKOWITZ said, "Assuming there's an adverse ruling,            
it would seem to me that the public has a right to know, it's                  
important information prior to an election."                                   
                                                                               
MR. BROWN replied they certainly have more of a right to know that             
probably than when (indisc.) the complaint has not even been                   
initiated.  It's certainly easier to justify banning the receipt of            
new complaints in the initiation of new investigations then it is              
to stop the clock on ones that are already going on.  But at the               
same time it's a tradeoff, at the same time it's still possible to             
politicize the process.                                                        
                                                                               
Number 0282                                                                    
                                                                               
REPRESENTATIVE BERKOWITZ stressed that he is very sensitive to the             
concern that what we're doing might be construed as any kind of                
coverup.  He believes if someone is found culpable by legislative              
ethics, that's really important information.  Representative                   
Berkowitz said, "There's a different argument, if there's a charge             
made, and there's questions of confidentiality - which always                  
sounds a little intriguing that we're quicker to extend                        
confidentiality proceedings around ourselves than for juveniles.               
But that's something else.  We need to make sure that if there's a             
ruling that it gets out there if it's adverse.  If it's not                    
adverse, it seems to me that should be up to the discretion of the             
subject."                                                                      
                                                                               
MR. BROWN said the way it's written the subject, just like the                 
moratorium on the receipt of a new complaint, has the right to                 
waive this.  If the committee would release good things and hold on            
to bad things, it would be obvious on what they've decided.  He                
indicated there is no answer to Representative Berkowitz's                     
question.  You would have to be opposed to this amendment if you               
wanted to ensure that information was released as decisions were               
reached by the committee.  Mr. Brown stated it's a trade off on                
whether delaying the release of that information serves the public             
policy goal of not allowing things to become political footballs.              
                                                                               
Number 0295                                                                    
                                                                               
REPRESENTATIVE BERKOWITZ stated, assuming there's a complaint made             
during this period, the ethics committee acts quickly on it, and               
the subject is exculpated, there's no reason for any of that                   
information to become public.  But assuming the complaint is made              
that's confidential, then the ethics committee finds the legislator            
or whoever's the subject of the investigation culpable, that, if               
it's a legislator in particular, it's just bad luck that it came               
out during a campaign season.                                                  
                                                                               
MR. BROWN explained the way it's written right now, when the                   
committee released its resolution outlining the scope of the                   
investigation that would be the last public communication.  He said            
that's a "maybe," that's definitely not a, "no there's no problem              
here."  That's the committee saying there is something that merits             
further investigation.  The way it's written, the last piece of                
confidentially information, which has a way of not remaining                   
confidential very often is going to be something that is a question            
mark.  So the way this amendment is structured, although we are                
stopping the release of the technically public information, the                
last piece of technically confidential information that would be               
released would not necessarily be to the subject's benefit.                    
                                                                               
MR. BROWN said if the committee's going to adopt a resolution                  
outlining the scope of its investigation that means enough of a                
flag went off that they want to keep looking at it.  In laymen's               
terms it is probably enough for the complainant or whoever's going             
to run to the press with the information, even though it's                     
technically confidential, to say, "The committee investigates                  
blank."  Mr. Brown said corruption must exist, or something, so the            
point with this stop thing is not necessarily to the subject's                 
advantage.  The idea here is to prevent the committee's release of             
public information from being an accessibly political act.                     
                                                                               
Number 0311                                                                    
                                                                               
REPRESENTATIVE ELTON summarized that if the committee dismissed the            
complaint, the subject of the complaint, even with this language,              
would be able to waive the confidentiality provisions.                         
                                                                               
MR. BROWN replied the subject can always do that, you can't waive              
somebody else's confidentiality.  He said of course it would be to             
your advantage to waive it if you were being exculpated.                       
                                                                               
REPRESENTATIVE ELTON stated, "Under (f) of that section, when I                
first read this I was most concerned about what happens if the                 
complaint is dismissed, and I just wanted to make sure that the                
subject can waive the confidentiality..."                                      
                                                                               
MR. BROWN interjected, he said, "And then even if it's not a                   
dismissal, even if the subject decides that they want to have                  
anything released, they can waive."  The subject is always able to             
say, "Shine the light of public scrutiny in on this process."  The             
protections that the moratorium, in subsection (o) that was adopted            
in Version P, that's an option that -- it's built-in so it's                   
assumed that you don't want the (indisc.) receive so you don't make            
yourself look any guiltier by saying, "Oh, I need the moratorium."             
He noted the moratorium is automatic unless you affirmatively ask              
to waive your right to it.                                                     
                                                                               
Number 0321                                                                    
                                                                               
REPRESENTATIVE BERKOWITZ said he is still unclear of the process.              
He said there's nothing that prohibits the complainant from going              
public with the complaint.                                                     
                                                                               
MR. BROWN asked Ms. Barnett if she wanted to answer that one.                  
                                                                               
REPRESENTATIVE ELTON believes Ms. Barnett isn't available because              
she's probably at the Legislative Information Office picking up a              
copy of Version P.                                                             
                                                                               
Number 0323                                                                    
                                                                               
MR. BROWN continued.  He said the proceeding is described as                   
confidential in the statute, and Suzie [Ms. Barnett] will say it's             
confidential.  You're not supposed to go around saying, "I filed a             
complaint and here's a copy of it," however, that's a very thin                
line.  He said you can walk around saying, "I know Representative              
so and so did this, this is unethical, someone ought to file a                 
complaint.  If a complaint were filed, I'm sure he would be found              
guilty."  He assumed you probably haven't technically violated the             
confidentiality provision of the statute.                                      
                                                                               
Number 0327                                                                    
                                                                               
REPRESENTATIVE ELTON noted somebody that may be a complainant can              
walk around saying, "I'm going to file a complaint, that this                  
person did this, as soon as I legally can."  He stressed, but isn't            
it strange that the legislature has protected itself and can't                 
accept the complaint until after the election and there's nothing              
that stops that from happening.  Representative Elton indicated the            
protection is pretty thin.                                                     
                                                                               
CHAIR JAMES asked are we going to condemn the reaction of public               
for that, are they going to contend the entire legislature of which            
that person is a part, or are they going to say, "Well that person             
didn't support that idea."  She indicated she doesn't see that                 
that's a problem when you're being general.  Chair James explained             
that we're trying to eliminate these kinds of things as a political            
reason and it's very difficult to separate between ethical and                 
political because ethical becomes political and vice versa.  So                
what we're trying to do is make ethical as unpolitical as possible             
by not having these things be a part of the 45 days before an                  
election.                                                                      
                                                                               
Number 0341                                                                    
                                                                               
REPRESENTATIVE ELTON specified the point he is trying to make is               
that this gives an opportunity to somebody who wants to make a                 
damaging political statement.  This gives them the opportunity to              
do that without the subject being able to really respond by saying,            
"The committee has dismissed the complaint."                                   
                                                                               
CHAIR JAMES asked Representative Elton to repeat his statement.                
                                                                               
REPRESENTATIVE ELTON repeated his statement.                                   
                                                                               
Number 0348                                                                    
                                                                               
REPRESENTATIVE BERKOWITZ made a motion to move Amendment P.1.                  
                                                                               
CHAIR JAMES called an at-ease for approximately 12 minutes to find             
the missing members to establish a quorum.                                     
                                                                               
CHAIR JAMES asked Ms. Barnett if she could weigh in on this                    
amendment.                                                                     
                                                                               
Number 0356                                                                    
                                                                               
MS. BARNETT replied the amendment is just in her hand for the first            
time.  Since she had to pick it up, she didn't get to hear the                 
discussion.  Ms. Barnett said she couldn't jump in at this point.              
                                                                               
REPRESENTATIVE ELTON asked Ms. Barnett about her comfort level with            
the concept of Amendment P.1.                                                  
                                                                               
MS. BARNETT conveyed, the committee did talk about the concept and             
she believes individual members of the committee would feel                    
uncomfortable with this, that it would be a concern.  She said they            
meet so often in closed meetings, now they have all these closed               
periods of time when they can't accept complaints and can't issue              
information.  Ms. Barnett stated that they haven't had a meeting to            
look through these amendments, but she does believe there will be              
a level of discomfort on several members.                                      
                                                                               
Number 0371                                                                    
                                                                               
CHAIR JAMES asked for a roll call vote on conceptual Amendment P.1.            
Representatives Hodgins, Ivan and James voted for the amendment.               
Representatives Elton and Berkowitz voted against it.  Therefore,              
Amendment P.1 passed by a vote of 3-2.                                         
                                                                               
Number 0376                                                                    
                                                                               
MR. BROWN explained Amendment P.2 deals with the ban of fund-                  
raising by elected officials who have traveled somewhere at state              
expense for that fund-raiser.  The problem with the way it was                 
written is that the ban precluded a...                                         
                                                                               
TAPE 98-52, SIDE B                                                             
Number 0004                                                                    
                                                                               
MR. BROWN continued.  That same place, within the 48 hours, and                
still be able to have a fund-raising event.  Especially those on               
the road system near Anchorage would be penalized by that.  He                 
indicated that wasn't the intention that was a drafting error.                 
                                                                               
     Sec. 17. AS 24.60.031 is amended by adding a new subsection to            
     read:                                                                     
                                                                               
     (c) A legislator may not travel at state expense to a place in            
     which the legislator plans to hold a campaign fund raising                
     event if the travel occurs less than 48 hours before the event            
     is scheduled to begin.  This subsection does not prohibit a               
     legislator from holding a fund raising event in a place to                
     which the legislator traveled at state expense if the                     
                                                                               
     (1) travel to the place is completed at least 48 hours before             
     the event was scheduled to begin;                                         
                                                                               
     (2) legislator made a trip at state expense to a place,                   
     returned from that place, and then, within 48 hours, made a               
     second trip to the place and the cost of the second trip was              
     not paid for at state expense; or                                         
                                                                               
     (3) travel was to the capital city immediately before the                 
     beginning of a legislative session or from the capital city to            
     the legislator's home immediately after the final adjournment             
     of a regular or special legislative session.                              
                                                                               
     Renumber the following bill sections accordingly.                         
                                                                               
     Page 47, line 28:                                                         
                                                                               
     Delete:  "a new subsection"                                               
     Insert: "new subsections"                                                 
                                                                               
     Page 47, following line 28:                                               
                                                                               
     Insert a new subsection to read:                                          
                                                                               
     (d) Except for travel to the capital city, the governor or the            
     lieutenant governor may not travel at state expense to a place            
     in which the official plans to hold a campaign fund raising               
     event if the travel occurs less than 48 hours before the event            
     is scheduled to begin.  This subsection does not prohibit the             
     governor or the lieutenant governor from holding a campaign               
     fund raising event in a place to which the official traveled              
     at state expense if the                                                   
                                                                               
     (1) travel to the place is completed at least 48 hours before             
     the event was scheduled to begin;                                         
                                                                               
     (2) official made a trip at state expense to a place, returned            
     from that place, and then, within 48 hours, made a second trip            
     to the place and the cost of the second trip was not paid for             
     at state expense.                                                         
                                                                               
MR. BROWN said the prohibition doesn't exist right now.  It's come             
up more as an issue in terms of the executive branch and concern               
about travel at state expense by the chief executive and then fund-            
raisers being held.  He implied the same standard has been put in              
place for the governor, and the governor's home is considered to be            
Juneau for the purposes of the governor's term of office.  Other               
than that, there is the same 48-hour ban and the go, come back, and            
go back again at personal expense or campaign expense exemption.               
                                                                               
Number 0022                                                                    
                                                                               
REPRESENTATIVE BERKOWITZ asked what's a campaign event.  If someone            
slips him a check, is that a campaign event.                                   
                                                                               
MR. BROWN responded no.                                                        
                                                                               
REPRESENTATIVE BERKOWITZ asked if he goes around collecting checks             
from people that's fine.                                                       
                                                                               
CHAIR JAMES replied, "No that's a campaign event.  If somebody                 
accidentally gives you one, or sends you one, gives you one when               
you're there - people do that all the time, but if you are making              
an effort to collect them (indisc. - interrupted) depends on who               
initiates it."                                                                 
                                                                               
MR. BROWN added that we would hold that standard if an invitation              
went out, or a public announcement was made, or there was a guest              
list, or someone was coordinating the event.                                   
                                                                               
Number 0029                                                                    
                                                                               
REPRESENTATIVE BERKOWITZ said if he starts calling people and                  
asking for money that doesn't seem to rise to the level of being an            
event.                                                                         
                                                                               
MR. BROWN said he doesn't foresee that being a problem, of course              
for legislators, running for legislative office, this isn't going              
to happen during session anyway, this is an interim concern.  For              
the governor, as SB 275 is now on its way through the system, it's             
a concern year-round.  He implied that it's a heightened level of              
concern for the governor.                                                      
                                                                               
Number 0037                                                                    
                                                                               
REPRESENTATIVE ELTON expressed that his heightened concern is for              
the governor and the lieutenant governor.  He asked does this mean             
that if they're in Anchorage on business that they cannot have                 
dinner with their campaign manager.                                            
                                                                               
MR. BROWN replied he didn't think dinner with the campaign manager             
is a fund-raising event.  If the campaign manager invited ten                  
employees from the timber industry to sit down with the governor,              
and they were told ahead of time to please bring a check, that                 
would be an event.  He expressed the public policy goal is not to              
have the governor fly to Anchorage at state expense and attend that            
dinner.                                                                        
                                                                               
REPRESENTATIVE ELTON indicated they may be discussing a fund-                  
raising event that they will be setting up a month later.                      
                                                                               
MR. BROWN responded saying that's a strategy, that's not a fund-               
raising event.  He said they didn't want to (indisc.) in that too              
wide here.  It was just to ban a very specific organized type of               
fund-raising activity.  It's a public perception thing, people will            
say, "Gosh I saw this public official on TV this morning cutting a             
ribbon, and I know tonight this public official is having a fund-              
raiser at so and so's house, and I know that this public official              
traveled to and from Anchorage - is paid by the state."                        
                                                                               
MR. BROWN implied Ms. Barnett recommended that if it were possible             
to apportion the cost of your trip, say it was 50 percent business             
and 50 percent campaign.  He said that would be the squeaky clean              
way to do it, but in terms of enforcement and advising people, it              
just didn't seem that that was going to be a very workable statute.            
It seemed easier to say, if it's for state expense you travel at               
state expense, and if it's for campaign purposes you travel at                 
campaign expense.                                                              
                                                                               
Number 0056                                                                    
                                                                               
REPRESENTATIVE IVAN IVAN indicated he can respect the intent of the            
legislation to correct deficiencies that occurred several years                
ago, but it's getting to a borderline of controlling our thinking.             
He said, "The governor sitting down with his campaign manager, or              
me sitting down with someone that will help me ... and now his                 
thoughts are going to be controlled."                                          
                                                                               
CHAIR JAMES stated that she doesn't think that was the intent of               
the conversation.  She said she thinks the intent was to try to                
define a fund-raising event and if it's still questionable, as to              
what a fund-raising event is, we might want to describe what it is             
and what it isn't.  It's not questionable and would be easy to                 
define.  That the questions that Representative Berkowitz had - if             
somebody hands you an occasional check, when you're out on state               
business, or whatever, during a period of time, when it's okay to              
accept a check, that certainly is not a fund-raising event.  Chair             
James interpreted a fund-raising event as a place where people                 
come, they either pay to come, or they're invited to attend and to             
bring their checkbook to an event.  This could be any kind of event            
where more than a certain number of people come together for that              
purpose.                                                                       
                                                                               
Number 0073                                                                    
                                                                               
CHAIR JAMES said, "If any one of us has traveled ... and we talk to            
somebody who is a campaign chairman or something, it wouldn't                  
necessarily happen with the legislator because the legislator is               
going to be traveling within their own district. ... It's 250 miles            
from one end of my district to the other and I live in one end, and            
if I go down the other end - sometimes I go down there for business            
and sometimes I go down there because I'm campaigning - and it's               
not like buying an airplane ticket because I don't fly to get there            
I get in my car and I drive.  And then if it's legislative business            
I turn in the mileage and any expense I had as a legislative trip.             
If I'm going down there, and going to be campaigning, or having a              
fund-raiser or something, then I don't do that.  I don't turn that             
in.  And so there is a decision as to whether or not you're going              
on state business or not."                                                     
                                                                               
CHAIR JAMES said, "But generally when you're talking about                     
traveling some place on state business, having a fund-raiser                   
happens a lot when we have fund-raisers in Anchorage and I'm in                
Fairbanks.  And so if I'm going to travel down there, even if I'm              
traveling on fund-raising money, my campaign account is an example,            
and I'm going to be there for several days, I'm going to do                    
legislative business too, which could be in an election year                   
considered to be almost campaigning too - if I'm going to be                   
talking to the people that I want to talk about, about future                  
issues (indisc.) help as to how things should be addressed.  We                
have many times caucuses in Anchorage, and then we also have a                 
fund-raiser when we have a caucus.  To me the caucus is happening              
because we have the fund-raiser.  I'll pay my way with my campaign             
account to get there.  In fact, we don't usually get any                       
reimbursement for going to a caucus anyway because it's a political            
issue.  So, the only time that I would be down there on state                  
business is if I'm going to be there for some kind of a hearing,               
some kind of a committee meeting, or something to that effect.  And            
if it happens to be that there's a fund-raiser scheduled at that               
same time, then I either should pay for my way to get down there,              
under this law, or with my campaign funds, or I should go back home            
and come back again, one way or the other, or I shouldn't go to the            
fund-raiser.  Now that may affect some of the ways we've been doing            
things in the legislature because it is true, if we happen to have             
committee meetings or something and there is a fund-raiser, that               
there probably are some cases in the past where I was paid to go to            
Anchorage and back because of the committee.  I don't know of any              
specifics, but there could have been, and I don't know that that               
ever happened.  But it's a possibility, probably not under the                 
current campaign finance law where you can't do any fund-raising in            
the off-year, then that might not be the case.  And so I didn't go             
to any -- but they had some fund-raisers in this last campaign year            
for the party, I didn't go to any of them.  So I know I haven't                
done that.  But this would make it perfectly clear, that if you're             
going anywhere to attend a fund-raiser - and the only ones I could             
think of would be going to Anchorage because that is where a lot of            
fund-raisers are happening.  You don't use state funds to get                  
there, and I'm perfectly comfortable with that, I think it's a good            
thing to put into law."                                                        
                                                                               
CHAIR JAMES said, as far as the governor is concerned she believes             
that is also the case.  That during an election year, it can't                 
happen in the other three years before that, and it can't happen               
under this current law because there can't be any fund-raising in              
those three years.  It's only in the year of the campaign that the             
advantage of the governor and the lieutenant governor is (indisc.)             
in their being able to travel the state on governmental business,              
and have a fund-raiser everywhere they go.  Chair James indicated              
that is wrong in her estimation.  It doesn't make it fair if the               
governor can travel all over the state, having fund-raisers and                
campaigning, and the challengers can't.  What we're trying to do is            
to make a level playing field.  She believes this is a rational way            
of doing it.                                                                   
                                                                               
Number 0117                                                                    
                                                                               
REPRESENTATIVE ELTON asked Ms. Barnett how comfortable she is now              
that the Legislative Ethics Committee is going to have this kind of            
oversight of the chief administrative officers of the State of                 
Alaska which is under AS 24.60.                                                
                                                                               
MS. BARNETT replied she still doesn't have the P version of the                
bill but is assuming that other section, page 47, must go under                
39.50 or must appear in a different part.                                      
                                                                               
MR. BROWN directed the members to page 1, line 21 of the amendment.            
He said it refers you to page 47 of Version P of the bill under the            
Executive Branch Ethics Act.                                                   
                                                                               
Number 0126                                                                    
                                                                               
REPRESENTATIVE ELTON asked how does this effect, for example, the              
Democratic Party.  Every year it has a fund-raiser that's a golf               
tournament in Anchorage, how would this affect participation.  If              
a person were in Anchorage on business, would they have to return,             
and then go back assuming that part of those receipts go to the                
Democratic Party and then to candidates?                                       
                                                                               
MR. BROWN replied, "Right now, all this party building fund-raising            
- governor's funds, House and Senate Majority fund, those are not              
fund-raising events for individual candidates.  This ban wouldn't              
apply to those, this is not a very wide net, this net is cast                  
specifically for fund-raisers for individual campaigns.  And the               
biggest one I'd like is, it doesn't apply to campaigning it applies            
to fund-raising.  You can still go kiss every baby you want to, and            
shake every hand you want to, and hand out a million little plastic            
flags, you just can't raise money. ... So I don't think it's an                
onerous intrusion upon the rights of the incumbents to continue                
behaving politically, it's just targeting a very specific form of              
their activity which is raising money for themselves.  If they were            
raising money in the off-year for themselves, they'd be violating              
the Campaign Finance Act.  So those have to be party fund-raisers."            
                                                                               
CHAIR JAMES reiterated that when you are raising money for your                
campaign, it doesn't seem right to have the expense of that fund-              
raiser be paid for by the state, that's the issue.  She emphasized,            
if you get there at state expense, you better pay it back with your            
campaign expense.  It's that simple.                                           
                                                                               
MS. BARNETT referred to Representative Elton's question.  She said             
she's not quite sure that it is clear in this language that it is              
a fund-raising event solely for that legislator.  Maybe there's a              
way to clean that up a little bit more.  She said she's not arguing            
at all with the notion, or concept.  Ms. Barnett said it could be              
confusing if there was a party fund-raiser where moneys ended up in            
that legislator's hand at a later point.                                       
                                                                               
REPRESENTATIVE BERKOWITZ said, "When the legislator plans, I think             
that's the determining phrase, if the party plans, it is something             
else."                                                                         
                                                                               
CHAIR JAMES mentioned she is also having a problem with that.  She             
said she is thinking of some of the fund-raisers that occurred in              
the campaign year.  In particular, a majority fund-raiser where                
individual checks were made out to candidates.  She indicated she              
doesn't feel comfortable with saying that because it's a party                 
event.                                                                         
                                                                               
MR. BROWN explained, under the Campaign Finance Act, those are                 
reportable either as contributions to the party or to your                     
campaign.  The clarity exists in the Campaign Finance Act.  He                 
said, "You would be planning to hold an event - if there was a                 
basket with your name on it at the event.  If there was only a                 
basket that said 'House Majority Fund' at the event - you know                 
under the law you have no guarantee of receipt of those funds in               
your personal campaign even though you might be shaking people                 
(indisc.).  So I don't know how to go beyond the clarity of an APOC            
[Alaska Public Offices Commission] has to go on, when very likely              
some of those funds will end up in your campaign coffer.  But                  
they're going through the party first, and they're reportable to               
the party, and then the party has to report its donation to you,               
and someone has to make that decision."                                        
                                                                               
Number 0160                                                                    
                                                                               
CHAIR JAMES reiterated that she understands the intent and that she            
is not comfortable with the language as well because it's not                  
specific enough.                                                               
                                                                               
MS. BARNETT referred to 24.60.031.  She said in the existing law               
there is something that says a legislator or a legislative employee            
may not accept money from an event held during a legislative                   
session.  She said this language may help:                                     
                                                                               
     if a substantial purpose of the event is to raise money on                
     behalf of the member for campaign purposes                                
                                                                               
MS. BARNETT stated she is a little more comfortable with that where            
it targets that person.                                                        
                                                                               
CHAIR JAMES said she is willing to put Amendment P.2 aside since we            
will be working on it between now and Saturday to come up with                 
something that's more definitive.                                              
                                                                               
MR. BROWN said, "I asked the drafter, 'Do we know what a fund-                 
raising event is,' and she said 'yes, it's a fund-raising event,'              
just like you [Chair James] said.  So there are times when you want            
to define, and there are times when you think the language is going            
to do the job itself.  But I think it's -- if there's some gray                
area, that's the point of concern here is what's a fund-raising                
event - if it's party building, if it's a majority event.  So I'm              
happy to work with the drafter and actually put a definition in for            
the purposes of the subsection of the Legislative Ethics Code and              
the Executive Branch Ethics Act."                                              
                                                                               
REPRESENTATIVE BERKOWITZ said, another thing, when you're looking              
at the executive branch, not all governors call Juneau home.                   
                                                                               
MR. BROWN responded, "It's like a tax home.  You have to take a                
home and not have it, you can't have two.  Juneau has to be your               
home, it is, the governor's house is here - some governor's have               
chosen not to reside in it - in a very regular basis and they might            
take exception to that."  He said he didn't know if it is possible             
to craft a statute to enable the governor to say, "I don't want to             
live in Juneau..."                                                             
                                                                               
CHAIR JAMES said she would venture to say that wherever the                    
governor lives that when he goes back and forth between Juneau and             
that place, he's paid for at state expense, so the same applies.               
                                                                               
MR. BROWN remarked that only one of them can be - he can only come             
home in one direction, you can't be going home both ways.  He said,            
"If you have a suggestion about giving the Chief Executive the                 
option of declaring some other place in the capital city his or her            
home for the purposes of their term office, I think it would be to             
that governor's disadvantage to pick some place besides Juneau,                
unless the governor's really not going to spend very much time                 
here.  But if the governor's really going to spend (indisc.) time              
here..."                                                                       
                                                                               
REPRESENTATIVE BERKOWITZ said he spends four months of the year                
here and this doesn't make Juneau his home.  If he is living in                
Clark for example that would be his home.                                      
                                                                               
MR. BROWN said, "That's fine, but I'm going to say it's probably to            
your advantage, as the governor who wants to raise money.  By the              
way he was the last governor who ran as an incumbent, right.  So               
that's the last time we dealt with this issue really since the last            
two governors (indisc.) haven't run for reelection - or three.  But            
the issue here is, do you want to be able to come back to Lake                 
Clark and have unlimited fund-raisers within 48 hours, or do you               
want to be able to come back to Juneau and do that.  So you can                
give the person the option, but they still have to pick one place."            
                                                                               
REPRESENTATIVE BERKOWITZ said he doesn't want, by law that we                  
declare that Juneau is the governor's home.                                    
                                                                               
REPRESENTATIVE ELTON stated that he is not totally bothered by                 
that.                                                                          
                                                                               
MR. BROWN said, "For the purposes of the subsection."                          
                                                                               
REPRESENTATIVE BERKOWITZ reported that he's raised the point, he's             
thrown it out there, we've chewed on it, and now he's letting it               
go.                                                                            
                                                                               
Number 0196                                                                    
                                                                               
REPRESENTATIVE HODGINS said, "While we were pondering about the                
definition of frivolous, I wonder if we should ponder about the                
definition of high-centered.  I think there's some important stuff             
in this amendment as I pointed out earlier.  My discomfort with the            
language was discriminatory about my situation.  If I traveled to              
Anchorage from Kenai which I do quite a bit on state business the              
day before a fund-raiser, I can't really, the way the existing law             
is, is I cannot really accept - I have to travel on my own nickel              
even it's going to be for state business if it's 48 hours.  This               
amendment allows me to make a round-trip the day of the thing at my            
expense and then to attend a fund-raiser which I think is very                 
appropriate.  And I would hope that we would go ahead and move this            
amendment, or some portion of this amendment.  I don't have any                
problem on waiting until Saturday even though I detest Saturday                
meetings.  As long as we don't get high-centered, I'll be here.                
But if we continue to get high-centered I won't be here."                      
                                                                               
MR. BROWN suggested the committee adopt the amendment now.  He said            
he can bring forward a definition of a fund-raising event, or we               
can take this away and come back with one remembering everything               
that's been discussed.                                                         
                                                                               
Number 0209                                                                    
                                                                               
CHAIR JAMES announced if there's no objection, we'll just set P.2              
aside and deal with it again on Saturday.  She said this bill is               
not leaving this committee without this provision in it.                       
                                                                               
REPRESENTATIVE BERKOWITZ said he thinks we just got off-center.                
                                                                               
Number 0214                                                                    
                                                                               
MR. BROWN explained Amendment P.3 deals with several small                     
questions that have come up.  He said this is a fairly substantial             
provision, but most of it deletes unnecessary language in the bill.            
The first question that was raised is whether or not it was                    
necessary to have a reference to legislators in the disclosure                 
requirement for lobbyists, AS 24.45, page 9 of Version P, line 24.             
                                                                               
     (7) the identification of a legislator, legislative employee,             
     or public official to whom the lobbyist is married or who is              
     the spousal equivalent of the lobbyist; in this paragraph,                
     "spousal equivalent" has the meaning given in AS 39.50.030(g).            
                                                                               
MR. BROWN said, "And there's something that you would probably                 
expect to see in Amendment P.3 that's not there.  You had asked me             
why the identification of a legislator - the reason that's in there            
is because we are requiring legislators to disclose because we're              
not banning them so that does need to be in there.  I was a little             
scatterbrained when the question was asked of me yesterday but we              
have to have the identification of the legislator, legislative                 
employee or public official because we're requiring disclosure,                
we're not banning them, that's why that's in there.  Because we                
want, I would assume, to require the disclosure of..."                         
                                                                               
CHAIR JAMES interjected saying they had taken the ban out.                     
                                                                               
MR. BROWN replied right, the ban's gone.                                       
                                                                               
CHAIR JAMES indicated that she thought that the ban was still                  
there.                                                                         
                                                                               
MR. BROWN reiterated the ban is gone, spousal lobbying is permitted            
- disclosure of the lobbying relationship has to be made to APOC.              
So that's why that's still in there.  He indicated he still has an             
amendment to the last version of the bill that puts the ban back in            
with contingency language and takes the disclosure requirement out.            
He indicated he wasn't sure the committee wanted to revisit that               
issue.                                                                         
                                                                               
UNIDENTIFIED SPEAKER remarked that it's going to Finance.                      
                                                                               
MR. BROWN agreed that it would be redrafted for the Finance                    
Committee's consideration.  He said, "I don't know if anyone will              
want to move it there but."                                                    
                                                                               
Number 0230                                                                    
                                                                               
MR. BROWN referred to page 10, line 23, page 11, line 5 and line               
31, and then page 12, line 8 [Version P, 4/9/98].  He explained                
that we're changing the reference from "nongovernmental" to                    
"nonlegislative."  He said it was done up in the initial                       
prohibition on legislative or legislative employee behavior of                 
24.60.03(a)(2), line 13 of Version P which has already been changed            
from "nongovernmental" to "nonlegislative," this goes through the              
rest of the section of the ethics code and changes it similarly.               
He indicated the drafter had asked him if he wanted to change it               
initially, but he never got back to her.                                       
                                                                               
CHAIR JAMES reiterated that this just makes it consistent                      
throughout.                                                                    
                                                                               
Number 0237                                                                    
                                                                               
REPRESENTATIVE BERKOWITZ referred to page 10, line 24, Version P.              
He said he thought that they had discussed inserting E-mail.                   
                                                                               
     (C) telephone or facsimile use that does not carry a special              
     charge;                                                                   
                                                                               
MR. BROWN replied we did discuss that.  He said, and then at the               
end of the subcommittee process we determined E-mail use never                 
carries a special charge.  It's probably subsumed under telephone              
or facsimile.  Mr. Brown stated, "By putting it in this specific               
reference it would expand the committee's already probably fairly              
significant right to investigate the context of people's E-mails.              
So it doesn't afford you any more protection, if anything it would             
erode your protection."                                                        
                                                                               
REPRESENTATIVE BERKOWITZ said he just wanted to make sure he can               
reply to his mother without getting in trouble.                                
                                                                               
MR. BROWN added there's no charge for it so that should solve the              
problem.                                                                       
                                                                               
Number 0245                                                                    
                                                                               
MR. BROWN explained Section 14, page 1 of Version P.3.  He said the            
committee had recommended going in and repealing and reenacting AS             
24.60.030(g).                                                                  
                                                                               
     Delete all material and insert a new bill section to read:                
                                                                               
     (g) Unless required by the Uniform Rules of the Alaska State              
     Legislature, a legislator [OR LEGISLATIVE EMPLOYEE] may not               
     vote on a question [PARTICIPATE IN LEGISLATIVE,                           
     ADMINISTRATIVE, OR POLITICAL ACTION] if the legislator [OR                
     LEGISLATIVE EMPLOYEE] has an equity or ownership interest in              
     a business, investment, real property, lease, or other                    
     enterprise if the interest is substantial and the effect of               
     the action on that interest is greater than the effect on a               
     substantial class of persons to which the legislator [OR                  
     LEGISLATIVE EMPLOYEE] belongs as a member of a profession,                
     occupation, industry, or region.                                          
                                                                               
MR. BROWN mentioned that this is to prevent people from voting for             
bills solely to feather their own nest, of course it's a very                  
common practice that you asked to be allowed not to vote either in             
a committee or on the floor.                                                   
                                                                               
CHAIR JAMES added that you disclose your conflict.                             
                                                                               
MR. BROWN agreed.  He said, "The proposed language from the                    
committee would have required a similar disclosure in writing                  
within seven days when other actions were taken such as requesting             
the bill be drafted, an amendment be drafted, (indisc.) that                   
research was done, that a memorandum was prepared on a point of a              
legal dispute, that you want a legal opinion on any of these                   
actions.  I suppose even a memo requesting a bill be scheduled                 
could (indisc.) have been subsumed under this disclosure                       
requirement for actions that are not voting.  And the reason that              
P.3 substantially changes that is because that was thought just to             
be too onerous.  You're not really taking action unless your                   
voting, and to have you write a letter to the ethics committee                 
that's going to go to the Journal every time you have an amendment             
drafted, it's just too much, and that the public process is                    
definitely served by having you disclosed when votes are taken."               
                                                                               
MR. BROWN said section 14 would be amended by P.3 by shortening the            
existing language as opposed to putting in this much longer                    
language.  There would be no disclosure requirement when you have              
a bill drafted because you're not taking action in the sense that              
voting does.  Mr. Brown reread Section 14 and concluded, "We delete            
the reference to legislative employee because we don't vote.  There            
are numerous provisions in the statute that prevent a legislative              
employee, or a legislator from taking improper action to benefit               
his or her own financial interests.  This is a specific provision              
on voting that was put into the code, and really what I think what             
the language in Amendment P.3 does is clean that up to make sure               
that you know you can't vote unless the Uniform Rules mandate that             
you do.  And then everything up to that point is not considered                
taking action to the same extent."                                             
                                                                               
Number 0272                                                                    
                                                                               
CHAIR JAMES called on Ms. Barnett.  She said, "In the discussion               
that we had with the Speaker, and I agree that, although the                   
language in the existing statute did indicate administrative or                
political action, it was my assumption, and also the Speaker's,                
that the only real action that we have that is effective is a vote             
and that all of these other little things that we do are not                   
necessarily conclusive actions, they're just participation."                   
                                                                               
MS. BARNETT said she thinks that in the previous language, and what            
the committee had recommended, was removing the prohibition and                
putting in some disclosure requirements, so it's a policy call.                
What this does, is it takes you back to a prohibition and drops the            
disclosure requirements.  She said she believes that the committee             
felt, in reviewing this section, that it was fairly phony to say,              
"You're prohibited but that everyone always has to vote," so they              
preferred a more open -- at disclosure.  But the bottom line is you            
either prohibit or loosen it up and disclose.                                  
                                                                               
CHAIR JAMES remarked you don't have to vote in a committee.                    
                                                                               
MS. BARNETT replied correct.                                                   
                                                                               
CHAIR JAMES said you can leave the room - which happened at the                
previous committee meeting.  But when you're on the Floor, if there            
is a call on the House, unless you're excused, you must be there               
and you must vote.  She stated that's the only place where we're               
forced to vote.  Chair James said, "So that means still, if we're              
doing any voting in committees, subcommittees, wherever, if we're              
doing any voting, we may not vote unless - if we have a conflict.              
So we've actually tightened it up, because now you can vote in                 
committee on these things, you just have to disclose."                         
                                                                               
Number 0288                                                                    
                                                                               
REPRESENTATIVE IVAN said his situation is that he probably has a               
conflict of interest everywhere he goes.  He noted he belongs to               
Board of Directors of the Regional Alaska Corporation [CALISTA], he            
asked does that mean he can't introduce legislation as far as                  
resource development efforts are concerned.                                    
                                                                               
CHAIR JAMES explained, if you're voting on the floor and you say               
that you are going to have a conflict because it might affect you              
personally, in other words you might benefit personally from your              
vote on the floor, and you make that disclosure on the floor you               
have to vote anyway.  She said, "This one says that you can't vote,            
and I don't know exactly - in your committee I know you can leave              
and you can't be called back by the call of the House, you can only            
come back on your own will, and so that's a little different.  But             
you could say you have a conflict and not vote in committee by this            
piece of legislation.  I think we all have a vested interest in                
what we're doing.  How deep does it go is that you have to have a              
personal financial interest the decision on that decision - a                  
personal financial decision."                                                  
                                                                               
Number 0297                                                                    
                                                                               
REPRESENTATIVE IVAN asked what was in the previous law or statute              
before we messed with it here.                                                 
                                                                               
CHAIR JAMES read Section 14 (g).  She said, "So in other words, if             
you have more of an interest than other people do in this issue,               
financially, because of your own financial situation, then you                 
can't participate.  We're talking about participating, we're                   
talking about having an amendment in a committee, we're talking                
about drafting a piece of legislation, we're talking about all                 
sorts of participation that we do that we would not be able to do              
in this case without making a note to the ethics committee and                 
telling them we did that.  And we thought that was just too far                
reaching and not reasonable to expect us to do that and have it in             
statute that indicated if we don't do that it's a violation.  It's             
just unwieldy to go that far."  Chair James asked Representative               
Ivan if that answered his question.                                            
                                                                               
REPRESENTATIVE IVAN replied yes.                                               
                                                                               
Number 0310                                                                    
                                                                               
REPRESENTATIVE ELTON stated he is comfortable with the amendment.              
He said he is putting it in terms, if we have for example an                   
attorney whose primary caseload might be criminal law this would               
mean that that attorney, every time they had a change to the                   
criminal statutes that might be before the body or before a                    
committee, he would have to file a disclosure statement every time             
they asked for an amendment to be drafted.  Another example would              
be an attorney who might have a primary practice insurance, during             
the tort reform debate, anytime they would have had to have an                 
amendment drafted to the tort reform measure he would have to file             
a disclosure.  He explained that this takes us back to the point               
where the only time that attorney would have to declare a conflict             
is when a vote was taken - and that would be a verbal declaration.             
                                                                               
CHAIR JAMES said right - which goes on the record incidently                   
because this (indisc.) didn't get to be put in the Journal.  It had            
to go on the record.                                                           
                                                                               
MR. BROWN said, "The problem with the way the bill had been                    
drafted, with all this disclosure - not only is it a flurry of                 
paper work to Suzie - and then back down to the Chief Clerk and the            
Senate Secretary, but the whole anonymity of the legal drafting                
process - that our director of Legal Services has worked very hard             
to put it in place with the random letters for CSs and everything.             
Throw it out the window.  I mean you're disclosing every amendment,            
your strategy as a legislator is revealed for the world to see as              
soon as you disclose it.  And you're not taking an action - you're             
not really taking very much of an action, you're taking incremental            
steps in the process toward an action of a vote in committee or a              
vote on the floor.  I understand what the committee wanted to                  
accomplish but I think there's a much cleaner way to do it."                   
                                                                               
Number 0323                                                                    
                                                                               
MS. BARNETT added that it's a policy call and a prohibition versus             
a disclosure.  She said her only concern is that a lot of action               
can be taken at a kind of administrative level and on influencing              
the administration.  Ms. Barnett indicated she was a little                    
uncomfortable pointing that out, but when you vote on a question               
you don't vote over an administrative action so she guesses, once              
that line goes in, it's only applicable to legislative action.                 
                                                                               
MR. BROWN said, "Suzie [Barnett] as I said, I think you know -                 
talking to Terry [Cramer], and tell me if I'm wrong, there are                 
numerous other places in the code where calling and leaning on a               
director to do something for your behalf - that's threatening to               
withhold action, or to take action.  You know it's already banned              
under the code."                                                               
                                                                               
MS. BARNETT replied it is in this part.  She indicated she is                  
frantically looking through it because taking out legislative                  
employees really bothers her.  The section Mr. Brown was referring             
to only talks about legislators, so she is concerned.  Ms. Barnett             
stated, "I'm trying to find the level of protection, you're looking            
at '030(e)' in existing code, and it only talks about legislators              
and threatening and implying.  And you know we've got some                     
highfalutin staff every once in a while that tends to lean on                  
people.  I'm trying to make sure that they aren't allowed to do                
that either.  And I don't know if you and Terry had that                       
discussion."                                                                   
                                                                               
MR. BROWN humorously said she [Terry] wanted to, but he leaned on              
her.                                                                           
                                                                               
MR. BROWN replied, "No, we didn't actually.  If there's something              
we need to address -- that we're taking out legislative employee               
here, but obviously this reference Uniform Rules - it's not very               
well drafted.  The Uniform Rules don't govern our behavior the way             
they govern legislative behavior.  So if there's another place we              
need to put some prohibition in on legislative employees..."                   
                                                                               
Number 0337                                                                    
                                                                               
CHAIR JAMES interjected, she said she understands exactly what Ms.             
Barnett is talking about.  Especially after people have been here              
for ten to twenty years, they do know a lot more than legislators              
when they first arrive and they will tell you, is true.  She said,             
"And I remember when I was first elected and being a naive                     
freshman, of not really up on what was happening.  And someone told            
me that I should hire staff that's been here before, and I didn't.             
And quite frankly I'm really pleased that I didn't.  Not that I                
have anything against all of the other staff - we use them too.                
We'll ask them things ... and they'll help us.  But I think that my            
staff and I have learned together, and so we have a different                  
relationship than you do if you have a staff who thinks they know              
more than you.  And a lot of mine do know a lot more than me, but              
they have different knowledge than I do and we share...  So I share            
your concern Suzie, I don't know that this is the place to fix it."            
                                                                               
MS. BARNETT replied it may, in existing law, it may be possible if             
we added, "a legislator or legislative employee may not directly               
or," and then it goes into three subsections.  The parts that apply            
to legislative employees - then we'd have the hook to say, "Look               
you can't go in and strong-arm people."  The parts that don't                  
apply, voting, drafting bills, those things, providing constituent             
services, things that may not directly apply to employees, well                
then they won't apply.  She said, "I guess I would prefer if we                
amended '030(e),' the beginning line and say, a legislator or a                
legislative employee may not directly, or by authorizing another to            
ask on their behalf to do such and such.  And of course the Uniform            
Rules don't apply to them, so then we'd know that section didn't               
apply at all."                                                                 
                                                                               
Number 0353                                                                    
                                                                               
CHAIR JAMES said we're going to be having more discussion on this              
piece of legislation between now and Saturday. She said she would              
be willing to revisit that issue for legislative staff.                        
                                                                               
MR. BROWN interjected, he said he made a note of that.                         
                                                                               
CHAIR JAMES continued.  She stated, "Because it is a concern, ...              
I just want to say this because I think it is appropriate because              
when we're talking about term limits for legislators, and we had               
that discussion at length - what if anything, those ten or fifteen             
years of staff work have to do, and the influence that they may                
have had or not, or whatever, and their positions and knowledge                
that they have.  Why is it that the public wants term limits, what             
is it about a legislator having been here for some number of years             
that they want term limits?  Is it only because they want other                
people to have an opportunity to run, or does it have anything to              
do with how effective they are, so they've been here for a while,              
or how ingrained they are, or how much power they have, or                     
whatever?  In which case, if they have been a staff member before,             
which many of them have, they come ... with much more experience               
than the rest of us, and much more ability to do things, and pull              
the wool over the eyes...  So the whole issue of staff is a valid              
one, so I think - address it in a separate way as to just exactly              
what they can and can't do as far as influencing the whole process             
because I agree that they do have an awful lot to do with it.  And             
second of all, I also agree we couldn't be doing this work down                
here without them.  So it's a kind of a mixed-bag.  So we'll take              
that into further consideration.  And we've got the note down here             
Suzie, and when we come back Saturday maybe we'll have some ideas              
to how to fix that."                                                           
                                                                               
Number 0371                                                                    
                                                                               
CHAIR JAMES said we can move on to page 14, line 31.                           
                                                                               
     Delete:                                                                   
                                                                               
     In this section, when determining whether an employee is                  
     considered to be performing a task on government time, the                
     committee shall consider the employee's work schedule as set              
     by the employee's immediate supervisor.                                   
                                                                               
MR. BROWN said this revisits the committee's suggestion that                   
employers set work schedules so that there's some objective                    
standard if a complaint arises.  He said this language caused a lot            
of concern, it's just not reflective of the reality of the way the             
legislature works and the people are not going to have nine to five            
work schedules and time clocks on the door to the office.  He                  
explained the amendment deletes the first sentence of proposed new             
subsection AS 24.60.030(h).  It would also delete a reference to as            
described in this subsection.  The new subsection [page 15, lines              
2-7] would read:                                                               
                                                                               
     An employee who engages in political campaign activities other            
     than incidental campaign activities [as described in this                 
     subsection] during the employee's work day shall take leave               
     for the period of campaigning.  Political campaign activities             
     while on government time are permissible if the activities are            
     part of the normal legislative duties of the employee,                    
     including answering telephone calls and handling incoming                 
     correspondence.                                                           
                                                                               
MR. BROWN said there's no reference to work schedules and there's              
no reference to a description in this subsection, above and beyond             
what those words mean on their face.                                           
                                                                               
CHAIR JAMES indicated Ms. Barnett wanted this in here to provide               
backup for some of the decisions they might have to make.  She                 
said, "But sorry Suzie we just can't get this through."                        
                                                                               
MS. BARNETT joking said she hasn't been a staff person long enough,            
she's just not powerful enough.                                                
                                                                               
Number 0386                                                                    
                                                                               
MR. BROWN referred to page 21 of the CS.  He said, "This is a                  
banner day for dead people in the House State Affairs Committee.               
This deletes the reference to reporting requirements for                       
inheritances.  Right now there's some question as to whether or not            
an inheritance is a gift.  No one has really alleged that it                   
necessarily is successfully, but this would have made them                     
confidentially disclosable.  But really the question is, is how                
much influence can the dead buy...  This just deletes inheritances             
all together, and reletter the following subsections accordingly."             
                                                                               
Number 0393                                                                    
                                                                               
MR. BROWN referred to page 22, [lines 2-3].  He said this deletes              
the reference at the end of the subsection that allows you to have             
a JTPA (Job Training Partnership Act) or a university intern                   
without violating your gift requirements.                                      
                                                                               
     Delete:                                                                   
     This subsection does not permit a legislator or legislative               
     employee to accept a gift of services for nonlegislative                  
     purposes.                                                                 
                                                                               
MR. BROWN stated the concern was that language might interfere with            
volunteers helping in your campaign.  He said, "So if we strike it,            
it certainly is not going to allow BP [British Petroleum] to pay               
for a maid at your house - which is prohibited under other areas of            
the code.  The language was in there to make sure that no one tries            
to use the allowance for volunteer services - to let them have BP              
(indisc.) a maid at their house I suppose, or whatever the sensible            
possible violation was.  It does not weaken the gift part of the               
statute at all, it just makes sure that no one reads it and gets               
concerned about it I think."                                                   
                                                                               
CHAIR JAMES agreed that it raised a lot of concern.  She said they             
just didn't understand why it had to be there.                                 
                                                                               
Number 0402                                                                    
                                                                               
MR. BROWN referred to page 23, line 26.  He explained we are                   
getting rid of a secondary reference to the inheritance because we             
are no longer going to disclose those.                                         
                                                                               
     (5) receipt of an inheritance under AS 24.60.080(i);                      
                                                                               
Number 0404                                                                    
                                                                               
CHAIR JAMES announced this completes the explanation of Amendment              
P.3.  She asked if there were any objections.  There being none,               
Amendment P.3 was adopted.                                                     
                                                                               
TAPE 98-53, SIDE A                                                             
Number 0004                                                                    
                                                                               
[There's discussion as to where Amendment P.4 would fit into                   
Version P.]                                                                    
                                                                               
CHAIR JAMES indicated she doesn't like the new amendment.                      
                                                                               
MR. BROWN said this will probably go on page 37, where Section 60              
is and we would renumber the following sections accordingly.                   
                                                                               
CHAIR JAMES asked Representative Berkowitz to move his amendment.              
                                                                               
Number 0015                                                                    
                                                                               
REPRESENTATIVE BERKOWITZ made a motion to adopt conceptual                     
Amendment P.4 which relates to open meeting requirements.  He said,            
"It's a very simple concept, we've been trying it in the Minority              
for a while and its been very successful.  People come, and may                
come again to our meetings, and we've been able to actually have               
strategy sessions with the press there, with members of the public,            
and it hasn't hurt anything.  I think the whole argument about open            
meetings is that it fosters public confidence in the process.  And             
I know, as a member of the Minority, who's never been a member of              
the Majority, how distressing it is to find that the Majority                  
disappears behind closed doors and things get rearranged.  And it              
certainly doesn't do much for my confidence in the way the process             
works."                                                                        
                                                                               
CHAIR JAMES stated she could probably tell him [Representative                 
Berkowitz], with a good conscience that if suddenly he was to come             
back next year and be in the Majority that he might have a                     
different attitude toward that, unless he wants to have a no                   
Majority-Minority system, a no caucus system.  She indicated she               
understands his position on this issue and much of it distresses               
her as well.  But having been part of the Majority certainly see               
the benefits of it.                                                            
                                                                               
REPRESENTATIVE BERKOWITZ further explained to make it clearer you              
can close caucuses if strategy is being discussed.                             
                                                                               
CHAIR JAMES said she understands, that's why we do that.                       
                                                                               
REPRESENTATIVE BERKOWITZ remarked, so am I to understand that the              
majority has never discussed anything but strategy in a caucus.                
                                                                               
CHAIR JAMES replied that's true.                                               
                                                                               
UNIDENTIFIED SPEAKER said "wow."                                               
                                                                               
REPRESENTATIVE ELTON said, the reason he favors this amendment is              
we're applying to ourselves, the same that this legislature has                
applied to every other public body in the state, and he thinks                 
that's only fair and just.                                                     
                                                                               
CHAIR JAMES asked if there were any objections to proposed                     
Amendment P.4.                                                                 
                                                                               
Number 0035                                                                    
                                                                               
REPRESENTATIVE HODGINS objected.                                               
                                                                               
REPRESENTATIVE BERKOWITZ said to Representative Hodgins, "I thought            
you were going to support it."                                                 
                                                                               
REPRESENTATIVE HODGINS asked, "What's that on page 21."                        
                                                                               
REPRESENTATIVE BERKOWITZ replied he will shift it to page 21 if                
that's what it will take.                                                      
                                                                               
Number 0038                                                                    
                                                                               
CHAIR JAMES asked for a roll call vote.  Representatives Berkowitz             
and Elton voted in support of the amendment.  Representatives                  
Hodgins, Ivan and James voted against it.  Therefore, Amendment P.4            
failed by a vote of 3-2.                                                       
                                                                               
CHAIR JAMES mentioned she would keep the amendment since she didn't            
have the time to fully read it.  She indicated she didn't like the             
"dark" print.                                                                  
                                                                               
REPRESENTATIVE BERKOWITZ jokingly implied it's the light.                      
                                                                               
CHAIR JAMES mentioned she will read it because she wants to see                
what the benefits are.                                                         
                                                                               
Number 0044                                                                    
                                                                               
REPRESENTATIVE HODGINS referred to page 21, lines 3, 4, and part of            
5 of Amendment P.  He noted they discussed immediate family as a               
grandparent, aunt or uncle, and finds that difficult unless they               
reside in the same household.  A distant aunt would then be                    
considered immediate family.  Representative Hodgins stated he                 
would like to have a little discussion on whether we need sections             
(4) and (5).                                                                   
                                                                               
     (4) a parent, sibling, grandparent, aunt, or uncle of the                 
     person; and                                                               
                                                                               
     (5) a parent, sibling, grandparent, aunt, or uncle of the                 
     person's spouse or the person's spousal equivalent                        
                                                                               
CHAIR JAMES said she understood what he was saying and asked would             
we need a qualifier.                                                           
                                                                               
MR. BROWN explained the current definition of immediate family.  He            
said this definition applies to the gifts section of the                       
legislative ethics statute.  The current definition is immediate               
family as the meaning given in AS 24.69.990.85 which are                       
definitions for the legislative ethics statue and includes the                 
grandparents, aunts and uncles of the person, and also includes the            
person described in this subsection who's related to the person by             
marriage.  Mr. Brown asked Ms. Barnett to speak to the desirability            
of requiring people to consider these somewhat distant, perhaps                
geographically or residentially distant relatives of family                    
members.                                                                       
                                                                               
Number 0063                                                                    
                                                                               
MS. BARNETT said she understands Representative Hodgins concern in             
this section.  She said she believes he wants it broader.  He wants            
the largest definition of family possible because the broader the              
definition the more gifts you can accept that obviously are from               
family.  And they aren't trying to influence you, and you don't                
have to disclose them, you don't have to think about them.                     
                                                                               
MS. BARNETT stated again that she doesn't have Version P or                    
Amendment P.4 in front of her.  But whichever of the two, the                  
existing one or the one that he is trying to get to, she                       
recommended whichever is broader.                                              
                                                                               
MR. BROWN said, "If I recall correctly, the broader one is the one             
that lists everyone out here, that's why we don't see any language.            
So this is a permissive (indisc.) definition.  These are people                
that can give you gifts that are immediate family that don't                   
(indisc.) requirements under the gift limits of the code."                     
                                                                               
REPRESENTATIVE HODGINS stated his curiosity was, if you have a                 
definition in one section, does that carry over as definitions to              
other sections if not explicitly stated.                                       
                                                                               
CHAIR JAMES replied she doesn't believe it does.  It says, in this             
section immediate family means - only in this section.                         
                                                                               
Number 0077                                                                    
                                                                               
MS. BARNETT said, to help clarify, in the other sections, for                  
example, in some places you want broad - acceptance of gifts, she              
thinks it makes absolute sense and the public would agree.  They               
don't care who in your family gives you something.  Ms. Barnett                
said, "But when we get to contracts, for example we talk about                 
family members and what family members can accept, you want narrow.            
You want those people with whom you actually have a contact.                   
That's, Representative Hodgins, I think exactly where you want to              
get narrow, and where you say people that you would know what was              
going on."                                                                     
                                                                               
CHAIR JAMES asked how narrow are we there.  The other thing is when            
you're disclosing a conflict of yourself or your family member.                
                                                                               
MR. BROWN pointed out that that's under proposed Section 18 of                 
Version P.  He said, there the definition is family member, not                
immediate family member, and the definition that we referred to,               
Suzie, is the one that's going to go into the entire code, right.              
                                                                               
UNIDENTIFIED SPEAKER replied Section 60.                                       
                                                                               
Number 0089                                                                    
                                                                               
REPRESENTATIVE BERKOWITZ asked why this doesn't include step                   
family.                                                                        
                                                                               
CHAIR JAMES said this one doesn't say what the immediate family is.            
                                                                               
UNIDENTIFIED SPEAKER referred to page 37, Section 60, lines 11-16.             
                                                                               
     (5) "immediate family" means                                              
                                                                               
     (A) the spouse or spousal equivalent of the person; or                    
                                                                               
     (B) a parent, child [, PARENTS, CHILDREN], including a                    
     stepchild and an adoptive child, and sibling [SIBLINGS] of a              
     person if the parent, child, or sibling resides with the                  
     person, if financially dependent on the person, or shares a               
     substantial financial interest with the person;                           
                                                                               
MR. BROWN explained that's the definition applying to the entire               
code, and there, there has to be financial dependence.  It's much,             
much, much narrower.                                                           
                                                                               
MS. BARNETT recommends this approach overall.  She said, so that               
you have broad in the gift section, narrow in the others.  So that             
you are aware of your family member's activities and you only have             
to really deal with the ones where you would know, or you would                
have knowledge.                                                                
                                                                               
REPRESENTATIVE HODGINS said that answers his question.                         
                                                                               
Number 0099                                                                    
                                                                               
REPRESENTATIVE IVAN asked to have the gift section to the family               
members summarized.                                                            
                                                                               
MR. BROWN said basically it will enable you to receive gifts from              
immediate family and not violate the gift restrictions.  He said,              
"You can get a more than $250 gift.  I guess - if a lobbyist is                
your family member does that exempt you as well.  Suzie, has that              
come up."                                                                      
                                                                               
MS. BARNETT replied if you are married to a lobbyist, you are                  
allowed to accept anything from the lobbyist.                                  
                                                                               
MR. BROWN stated and you wouldn't be otherwise, but if...                      
                                                                               
CHAIR JAMES added, but if it was your brother or sister, or                    
somebody.                                                                      
                                                                               
MS. BARNETT replied the family member overrides the lobbyist                   
prohibition.                                                                   
                                                                               
MR. BROWN stated that everyone on this list can give you stuff that            
otherwise would be a violation of the gifts code.  He indicated                
it's the good part of the bill.                                                
                                                                               
Number 0107                                                                    
                                                                               
REPRESENTATIVE BERKOWITZ asked if it could be expanded to include              
step families.                                                                 
                                                                               
MR. BROWN replied he thought it did for gifts.                                 
                                                                               
CHAIR JAMES noted it does for gifts, but it doesn't...                         
                                                                               
REPRESENTATIVE BERKOWITZ pointed out that it refers to step child              
but it doesn't refer to step parents or step grand parents.                    
                                                                               
CHAIR JAMES asked what page was that on.                                       
                                                                               
MR. BROWN replied page 21 of Version P.  He asked Ms. Barnett what             
would the committee's feelings be on allowing other step family                
members.                                                                       
                                                                               
Number 0014                                                                    
                                                                               
MS. BARNETT said she thinks that's a logical, common sense approach            
to say step family.                                                            
                                                                               
CHAIR JAMES asked where would we add it.                                       
                                                                               
MR. BROWN replied under (4) we would say, "a parent, sibling,                  
grandparent, aunt, or uncle of the person or a step parent, step               
sibling, step grandparent, step aunt, or step uncle."                          
                                                                               
REPRESENTATIVE BERKOWITZ noted it also doesn't include in-laws.                
                                                                               
MR. BROWN said it does under (5) "a parent, sibling, grandparent,              
aunt, or uncle of the person's spouse or the person's spousal                  
equivalent."  He asked, do we include step in-laws.  You can either            
add the step reference to (4) and (5), or only to (4).  Mr. Brown              
said, "And since Suzie doesn't think the committee doesn't have a              
problem with it - so I'm happy to bring back whatever sort of                  
amendment the committee would like to see on Saturday."                        
                                                                               
CHAIR JAMES asked him to please do that.                                       
                                                                               
MR. BROWN asked with just (4), or (4) and (5).                                 
                                                                               
REPRESENTATIVE BERKOWITZ replied both.                                         
                                                                               
MR. BROWN asked Chair James if we could allow Mr. Slotnick to                  
briefly address his concern about the constitutionality of the way             
we've tweaked the Personnel Board stuff because it's going to be in            
an amendment on Saturday.  He thought this would be helpful.                   
                                                                               
REPRESENTATIVE HODGINS humorously asked if we were to allow                    
cousins, would that give Representative Ivan an unfair advantage.              
                                                                               
Number 0134                                                                    
                                                                               
NEIL SLOTNICK, Assistant Attorney General, Commercial Section,                 
Department of Law, came before the committee.  He said he wants to             
go over briefly one of the actions this committee took last week in            
adopting Amendment L.1.  Amendment L.1 came out of the subcommittee            
that was meeting on SB 105 and concerns the Executive Branch Ethics            
Act.  One of the provisions that the subcommittee decided on was               
that they would like to see a little more oversight of the attorney            
general's settlement authority of ethics complaints under the                  
existing law.  As it works right now, the attorney general can                 
dismiss an ethics complaint if he finds that it's not warranted, or            
can settle it with the subject of the complaint.  Under existing               
law, all the attorney general has to do is file a summary of the               
action taken with the Personnel Board.  What the subcommittee asked            
for was that the Personnel Board be granted the power of review.               
What the amendment adopted last week did was to give the Personnel             
Board the power to order the subject, order the complainant, and               
have the attorney general appear before them, undertake a review of            
the dismissal or plea bargain, if you will, and then issue a                   
report, and that's all noncontroversial.  Then, ask me if we can               
take it one step further and let all of that go public.  And I                 
advised him, yes you can do that but you have to give the subject              
a hearing because the subject has been accused of things and would             
have to have a chance to clear his or her name.                                
                                                                               
Number 0145                                                                    
                                                                               
NEIL SLOTNICK said he was a little hasty in his advice.  What we               
did is we drafted the provision that says, "If given a hearing, the            
Personnel Board can go public," and that's not enough.  Just on                
common sense, that's not enough, when the Personnel Board doesn't              
have to make any findings that there's substantial evidence, it can            
just go public after giving a hearing.  After doing a little                   
research he determined that's unconstitutional, in fact, our                   
constitution has a special Anti McCarthyism provision in it that               
people have to be protected from legislative and executive hearings            
and reports.  What Mr. Slotnick suggested, and this is something we            
can take up on Saturday, is if there's a need to let the Personnel             
Board let the matter become public, that we let the court decide               
because the court can make the determination, "Is there substantial            
evidence to support some of the allegations."  The court can make              
the determination, "Is the subject's constitutional rights                     
protected by letting this report go public."  So, he redrafted, for            
our review, this provision only regarding when the matter is made              
public.  Mr. Slotnick said, "And the truth is, that's really not               
going to be that much of a problem.  Very often, when we resolve               
matters in the plea bargain arena, we go public anyway, even though            
we're not required to, we ask the subject to agree if you're - 'You            
know we'll cut a deal with you if you will agree to make this                  
public.'  And so often these matters are public anyway and would               
only arise in the situation where the Personnel Board was                      
dissatisfied with the dismissal, or the plea bargain that the                  
attorney general entered into.  So I suggest..."                               
                                                                               
Number 0164                                                                    
                                                                               
CHAIR JAMES interjected, "Having been a member of the LB&A                     
[Legislative Budget and Audit Committee], ... did the auditor                  
discuss this at all with the (indisc.) if that is what the auditor             
was wanting in this case.  It doesn't seem to me like that was.  We            
had a situation, and it was in an executive session so I'm limited             
as to what I can say about that, but the conclusion was that the               
auditor wasn't even able to tell us in LB&A because of the secrecy             
over a particular personnel situation.  So we didn't even get to               
know very much about it because of that disclosure.  And the                   
comment by the auditor is that the lid ought not be quite so tight             
when state funds are involved, particularly as we are LB&A                     
Committee.  And so that was the issue there, and it seems to me                
like this issue is different - that we have in this amendment."                
                                                                               
MR. SLOTNICK replied he believes that's true.  He said he thinks               
this issue grew out of concern about just oversight of the attorney            
general's action.  Which he believes is what prompted the original             
Senate change to the Executive Branch Ethics Act.  He indicated the            
legislative auditor did contact him about a situation and he sent              
over a proposed amendment which is included in here to tighten up              
disclosure.  But the auditor did not discuss the concept of when               
matters can be made public.  Mr. Slotnick said he thinks                       
individuals have a constitutional right to privacy, and to                     
protection to avoid having the government so leak their name.                  
                                                                               
Number 0181                                                                    
                                                                               
CHAIR JAMES indicated her understanding of the situation, it was               
however, there are two personal cases that are out there that are              
generally private.  They are ones that either were dismissed by the            
attorney general, or settled.  In other words if there's a                     
settlement, there's an admission that there's a problem but it's               
settled and best thought let that be the end of it as opposed to               
going onto a hearing.  She asked Mr. Slotnick if he was saying that            
due process is not provided a totally --for the publication of a               
settlement because that person's due process is short-circuited in             
some way.                                                                      
                                                                               
MR. SLOTNICK replied, "Yes, that's exactly what I'm saying.  That              
person has entered into a settlement, and if the settlement is                 
confidential, if that's a provision of the settlement, then that's             
what they've bargained for.  It's an understanding that their name             
and these accusations against them will never be made public.  And             
maybe they gave up the right to defend themselves, just to save                
money.  For example, 'I'll pay $250 if this (indisc.) go away, but             
I never did any wrong doing.'  Well, that's your version and so and            
so forth, that's plea bargaining is, if that's what they bargained             
for.  And then someone else comes along and says, 'Well, I'm going             
to make this public anyway and make public these accusations                   
against you,' where you've never had a hearing, and an opportunity             
to cross-examine witnesses against you, then I would consider that             
to be a violation of due process."                                             
                                                                               
MR. SLOTNICK mentioned he advised Ben [Mr. Brown] we need to give              
him a hearing.  But when you read this, all it says is they get a              
hearing, it doesn't say they get to cross-examine witnesses...                 
                                                                               
Number 0198                                                                    
                                                                               
CHAIR JAMES interjected, she said she understands that part of it              
totally.  Chair James stated, "To try to get my finger on what the             
real problem is, is when there is a misuse of state funds.  Which              
is not necessarily all of the complaints that might be filed, it's             
just one of the complaints that might be filed.  And that's more of            
a personnel matter than it is an ethics issue.  All ethics doesn't             
necessarily have to have money attached, it might in some indirect             
way.  But if there's been a misuse of state funds, that's more than            
an ethics complaint."                                                          
                                                                               
CHAIR JAMES said, for example, the City of North Pole had a clerk              
who admitted using the city's credit card for personal purchases               
because she was able to receive a discount.  And it was published              
in the paper.  She pointed out that was the original complaint,                
then the mayor negotiated with the clerk and she reimbursed the                
city.  Supposedly she said, 'okay the problem's gone away.'  But               
the city council said it didn't go away, there was theft.  So you              
don't just pay the money back and go away when there is theft in a             
government agency and using public funds.  Then they did an audit              
and come to find out that wasn't all she did so now she's in court.            
Had the city council been happy with just the reimbursement that               
wouldn't have become more public than that.  That's a personnel                
issue, and now she's going to have a court decision.  But in the               
mean time the paper tells it all, so she's not protected even                  
though she might have had an agreement.                                        
                                                                               
Number 0217                                                                    
                                                                               
CHAIR JAMES continued.  She said she's not saying anything like                
that would happen in state government because this was a small city            
situation.  However, we're only the strength of the weakest link,              
and so there are those kinds of things that can happen.  She                   
stated, "I suppose if it's a lot of funds, that it would be                    
something the Office of the Attorney General would decide going on             
with to a hearing.  If it's an insignificant thing, or maybe there             
was some misunderstanding of whatever was useable (indisc.).  And              
we had another case like that in Fairbanks where someone was                   
operating on public funds and they left, or something, and they                
took their vacation and paid themselves. ... And then they said,               
'Wait a minute, you don't have a right to do that - so now you                 
thieves.'  Well, come to find out the court said no, they didn't               
thieve.  But that had to go through that whole process, so that was            
the due process part.  Would we believe then, we the public, and we            
the legislators, and whoever is responsible for that state funds,              
that if there was an obvious intent ... to misuse government funds             
that we wouldn't be doing any plea bargaining?  But if it was                  
misuse of state funds, and it was not intended but just a mistake              
in understanding or something like that, that then you could have              
plea bargaining.  Would that be a correct assumption?  So that we              
really don't have anything to worry about in this issue because                
it's not made public.  I guess my question is, should we have more             
protection over the misuse of state funds than we currently have."             
                                                                               
Number 0233                                                                    
                                                                               
MR. SLOTNICK said, "To answer your question, to be absolutely                  
certain that there would be no plea bargaining in the situation                
that you've described, I think that you'd have to be put that into             
law.  I can think of lots of reasons why - even such a case as                 
you've described, might be plea-bargained away.  What, at least the            
version that I am suggesting here does, is it would give an                    
interested party an opportunity to go into court and ask the court             
to order publication of the matter."                                           
                                                                               
CHAIR JAMES asked, and that will fix the whole issue.                          
                                                                               
MR. BROWN said that may be constitutional, but the interested party            
is probably going to be the Anchorage Daily News, it's what this               
comes down to.  If the Personnel Board issues an anonymous or                  
pseudonymous critical report (indisc.) the attorney general and the            
dismissal or resolution, unless...                                             
                                                                               
CHAIR JAMES remarked we're talking about the public, we're always              
talking about the media, we're not talking about Johnny on the                 
street, it's the media that is the public.                                     
                                                                               
MR. BROWN continued.  He stated it's very easy to see the Personnel            
Board being able to use its bully pulpit, criticizing the attorney             
general's handling of a matter to provoke a quite substantial media            
response.  He said he doesn't fault Neil's (indisc.).                          
                                                                               
Number 0243                                                                    
                                                                               
CHAIR JAMES mentioned she is very sensitive to this issue because              
she believes they want to serve the public in the way the public               
needs to be served.  She said we also know, that when we serve the             
public, they some times go overboard and then people get hurt when             
they really shouldn't necessarily be.  She indicated it's a balance            
that we want to achieve.  But she doesn't know the answer because              
it's beyond her scope of knowledge as to what generally happens,               
that's why she's asking those questions.  Chair James suggested                
they talk about this more to see if this hearing issue is enough,              
and whether we should do this.                                                 
                                                                               
MR. SLOTNICK stated the other option, of course would be to not                
necessarily go this far, to not include the court provision for                
going public and just keep it as is.  He said he agrees with                   
Representative James that it's a good policy that plea bargains are            
nonpublic plea bargains be avoided when there's substantial misuse             
of funds.  But he can easily imagine circumstances where it's in               
the best interest of the state, and limited resources, and the bill            
(indisc.) of enforcement funds to enter into a plea bargain.  And              
some times the only way you can get it is to agree to make it                  
nonpublic.  So that will happen, particularly when there's cloudy              
issues of proof, and witnesses, and you know if you're the attorney            
general, you're not sure if you're going to prevail at hearing                 
anyway, lots of reasons.                                                       
                                                                               
Number 0256                                                                    
                                                                               
CHAIR JAMES said she can also think of lots of reasons, but being              
on the outside looking in, she can see the demanding public saying,            
"None of those reasons count."  What's in the best interest to them            
is totally different from ours.  She mentioned they have this                  
argument almost on a daily basis on what's in the best interest of             
all of us and is questionable in each one of our minds.  Where is              
the line, and when do you want to cross it or not?  She said she               
will try to talk to Pat Davidson today and will report to the                  
committee and define what it is that she was concerned about.                  
                                                                               
MR. BROWN informed the committee that he had talked to Pat Davidson            
and had an amendment drafted to put in a specific provision into               
the Personnel Act, which was Amendment L.7, which we didn't take up            
last week because it's probably not within a single subject to this            
bill.  He said, "And to effect the change she wants in the                     
Personnel Act, regarding the confidentiality of information about              
the use of state funds - which we might have some language problems            
- Mike [McMullen] thinks anyway.  It may require a separate bill               
that just does that, by request of LB&A or the Rules Committee."               
He pointed out we've put everything possible into this bill, within            
the title that we can and there are limits, so the answer may be a             
separate piece of fast-track legislation.                                      
                                                                               
CHAIR JAMES replied we don't need to fast-track, we can come back              
with it next year.  She said she thinks we've fast-tracked enough              
stuff already.                                                                 
                                                                               
CHAIR JAMES announced the committee will take Mr. Slotnick's                   
changes into consideration on Saturday.  She indicated they will               
bring SB 105 up after the Rail Road Right-of-Way hearing.                      
                                                                               
ADJOURNMENT                                                                    
                                                                               
Number 0276                                                                    
                                                                               
CHAIR JAMES adjourned the House State Affairs Standing Committee at            
10:13 a.m.                                                                     

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