03/02/2017 03:00 PM House STATE AFFAIRS
| Audio | Topic |
|---|---|
| Start | |
| HB97 | |
| HB44 | |
| HCR1 | |
| Adjourn |
+ teleconferenced
= bill was previously heard/scheduled
| += | HB 44 | TELECONFERENCED | |
| += | HCR 1 | TELECONFERENCED | |
| + | TELECONFERENCED | ||
| += | HB 97 | TELECONFERENCED | |
ALASKA STATE LEGISLATURE
HOUSE STATE AFFAIRS STANDING COMMITTEE
March 2, 2017
3:09 p.m.
MEMBERS PRESENT
Representative Jonathan Kreiss-Tomkins, Chair
Representative Gabrielle LeDoux, Vice Chair
Representative Chris Tuck
Representative Adam Wool
Representative Chris Birch
Representative DeLena Johnson
MEMBERS ABSENT
Representative Gary Knopp
Representative Andy Josephson (alternate)
Representative Chuck Kopp (alternate)
COMMITTEE CALENDAR
HOUSE BILL NO. 97
"An Act repealing the insurance tax credit for gifts to the
Alaska fire standards council; and providing for an effective
date."
- MOVED CSHB 97(STA) OUT OF COMMITTEE
SPONSOR SUBSTITUTE FOR HOUSE BILL NO. 44
"An Act requiring a legislator to abstain from taking or
withholding official action or exerting official influence that
could benefit or harm an immediate family member or certain
employers; requiring a legislator to request to be excused from
voting in an instance where the legislator may have a financial
conflict of interest; and providing for an effective date."
- HEARD & HELD
HOUSE CONCURRENT RESOLUTION NO. 1
Proposing an amendment to the Uniform Rules of the Alaska State
Legislature relating to voting and abstention from voting.
- HEARD & HELD
PREVIOUS COMMITTEE ACTION
BILL: HB 97
SHORT TITLE: REPEAL AK FIRE STANDS. COUNCIL TAX CREDIT
SPONSOR(s): REPRESENTATIVE(s) THOMPSON
02/01/17 (H) READ THE FIRST TIME - REFERRALS
02/01/17 (H) STA, FIN
02/28/17 (H) STA AT 3:00 PM GRUENBERG 120
02/28/17 (H) Heard & Held
02/28/17 (H) MINUTE(STA)
03/02/17 (H) STA AT 3:00 PM GRUENBERG 120
BILL: HB 44
SHORT TITLE: LEGISLATIVE ETHICS: VOTING & CONFLICTS
SPONSOR(s): REPRESENTATIVE(s) GRENN
01/18/17 (H) PREFILE RELEASED 1/13/17
01/18/17 (H) READ THE FIRST TIME - REFERRALS
01/18/17 (H) JUD, FIN
01/23/17 (H) SPONSOR SUBSTITUTE INTRODUCED-REFERRALS
01/23/17 (H) READ THE FIRST TIME - REFERRALS
01/23/17 (H) JUD, FIN
01/25/17 (H) STA REPLACES FIN REFERRAL
01/25/17 (H) BILL REPRINTED 1/25/17
01/25/17 (H) JUD WAIVED PUBLIC HEARING NOTICE, RULE
23 FOR SSHB 44
01/25/17 (H) JUD AT 1:00 PM GRUENBERG 120
01/25/17 (H) -- Meeting Postponed to 1/27/17 --
01/27/17 (H) JUD AT 1:00 PM GRUENBERG 120
01/27/17 (H) -- Meeting Rescheduled from 1/25/17 --
01/30/17 (H) JUD AT 1:30 PM GRUENBERG 120
01/30/17 (H) Heard & Held
01/30/17 (H) MINUTE(JUD)
02/03/17 (H) JUD AT 1:30 PM GRUENBERG 120
02/03/17 (H) Moved CSSSHB 44(JUD) Out of Committee
02/03/17 (H) MINUTE(JUD)
02/08/17 (H) JUD RPT CS(JUD) 1DP 3DNP 3AM
02/08/17 (H) DP: LEDOUX
02/08/17 (H) DNP: KOPP, EASTMAN, REINBOLD
02/08/17 (H) AM: KREISS-TOMKINS, FANSLER, CLAMAN
02/18/17 (H) STA AT 11:00 AM GRUENBERG 120
02/18/17 (H) Heard & Held
02/18/17 (H) MINUTE(STA)
02/21/17 (H) STA AT 3:00 PM GRUENBERG 120
02/21/17 (H) Heard & Held
02/21/17 (H) MINUTE(STA)
02/21/17 (H) STA AT 5:30 PM GRUENBERG 120
02/21/17 (H) Heard & Held
02/21/17 (H) MINUTE(STA)
03/02/17 (H) STA AT 3:00 PM GRUENBERG 120
BILL: HCR 1
SHORT TITLE: AMEND UNIFORM RULES: ABSTAIN FROM VOTING
SPONSOR(s): REPRESENTATIVE(s) GRENN
01/20/17 (H) READ THE FIRST TIME - REFERRALS
01/20/17 (H) STA, JUD
01/20/17 (H) JUD REFERRAL REMOVED
01/20/17 (H) JUD REFERRAL ADDED BEFORE STA
01/25/17 (H) JUD AT 1:00 PM GRUENBERG 120
01/25/17 (H) -- Meeting Postponed to 1/27/17 --
01/27/17 (H) JUD AT 1:00 PM GRUENBERG 120
01/27/17 (H) -- Meeting Rescheduled from 1/25/17 --
01/30/17 (H) JUD AT 1:30 PM GRUENBERG 120
01/30/17 (H) Heard & Held
01/30/17 (H) MINUTE(JUD)
02/03/17 (H) JUD AT 1:30 PM GRUENBERG 120
02/03/17 (H) Moved HCR 1 Out of Committee
02/03/17 (H) MINUTE(JUD)
02/08/17 (H) JUD AT 1:30 PM GRUENBERG 120
02/08/17 (H) Moved HCR 1 Out of Committee
02/08/17 (H) MINUTE(JUD)
02/10/17 (H) JUD RPT 1DP 3DNP 2AM
02/10/17 (H) DP: CLAMAN
02/10/17 (H) DNP: EASTMAN, KOPP, REINBOLD
02/10/17 (H) AM: KREISS-TOMKINS, FANSLER
02/21/17 (H) STA AT 3:00 PM GRUENBERG 120
02/21/17 (H) Heard & Held
02/21/17 (H) MINUTE(STA)
02/21/17 (H) STA AT 5:30 PM GRUENBERG 120
02/21/17 (H) Heard & Held
02/21/17 (H) MINUTE(STA)
03/02/17 (H) STA AT 3:00 PM GRUENBERG 120
WITNESS REGISTER
REPRESENTATIVE STEVE THOMPSON
Alaska State Legislature
Juneau, Alaska
POSITION STATEMENT: Testified on HB 97, as prime sponsor.
DAN WAYNE, Attorney
Legislative Legal and Research Services
Juneau, Alaska
POSITION STATEMENT: Answered questions on the proposed
Amendment 1 to CSSSHB 44(JUD).
RYAN JOHNSTON, Staff
Representative Jason Grenn
Alaska State Legislature
Juneau, Alaska
POSITION STATEMENT: Answered questions on CSSSHB 44(JUD) on
behalf of Representative Grenn, prime sponsor.
RYAN JOHNSTON, Staff
Representative Jason Grenn
Alaska State Legislature
Juneau, Alaska
POSITION STATEMENT: Answered questions on HCR 1 on behalf of
Representative Grenn, prime sponsor.
ACTION NARRATIVE
3:09:05 PM
CHAIR JONATHAN KREISS-TOMKINS called the House State Affairs
Standing Committee meeting to order at 3:09 p.m.
Representatives Tuck, Birch, Johnson, and Kreiss-Tomkins were
present at the call to order. Representatives LeDoux and Wool
arrived as the meeting was in progress.
HB 97-REPEAL AK FIRE STANDS. COUNCIL TAX CREDIT
3:12:59 PM
CHAIR KREISS-TOMKINS announced that the first order of business
would be HOUSE BILL NO. 97, "An Act repealing the insurance tax
credit for gifts to the Alaska fire standards council; and
providing for an effective date."
3:13:41 PM
REPRESENTATIVE JOHNSON moved to adopt Amendment 1, [labeled 30-
LS0180\A.1, Nauman, 3/2/17], which read:
Page 1, line 12:
Delete "2022"
Insert "2019"
CHAIR KREISS-TOMKINS objected for the purpose of discussion.
3:14:02 PM
REPRESENTATIVE JOHNSON explained that Amendment 1 would change
the effective date of the repeal of the insurance tax credit for
gifts given to the Alaska Fire Standards Council (AFSC), from
January 1, 2022, to January 1, 2019. She reminded the committee
that the sponsor of HB 97 had testified [during the committee's
2/28/17 hearing on HB 97] that he supported the earlier
effective date.
3:14:30 PM
REPRESENTATIVE STEVE THOMPSON, Alaska State Legislature, prime
sponsor of HB 97, stated that he supported Amendment 1.
CHAIR KREISS-TOMKINS removed his objection to Amendment 1.
There being no further objection, it was so ordered.
3:15:38 PM
REPRESENTATIVE BIRCH expressed his support for HB 97.
3:16:02 PM
REPRESENTATIVE TUCK moved to report HB 97, as amended, out of
committee with individual recommendations and the accompanying
fiscal notes. There being no objection, CSHB 97(STA) was
reported out of the House State Affairs Standing Committee.
HB 44-LEGISLATIVE ETHICS: VOTING & CONFLICTS
3:16:53 PM
CHAIR KREISS-TOMKINS announced that the next order of business
would be SPONSOR SUBSTITUTE FOR HOUSE BILL NO. 44 "An Act
requiring a legislator to abstain from taking or withholding
official action or exerting official influence that could
benefit or harm an immediate family member or certain employers;
requiring a legislator to request to be excused from voting in
an instance where the legislator may have a financial conflict
of interest; and providing for an effective date." [Before the
committee was CSSSHB 44(JUD).]
3:18:24 PM
The committee took a brief at-ease at 3:18 p.m.
3:18:29 PM
REPRESENTATIVE LEDOUX moved to adopt Amendment 1, [labeled 30-
LS0208\U.3, Wayne, 3/2/17], which read:
Page 2, lines 26 - 28:
Delete "a substantial class of persons to which
the legislator or the family member who has the
financial interest belongs as a member of a
profession, occupation, industry, or region."
Insert "the general public of the state."
Page 2, line 31:
Delete "."
Insert "[A SUBSTANTIAL CLASS OF PERSONS TO WHICH
THE LEGISLATOR BELONGS AS A MEMBER OF A PROFESSION,
OCCUPATION, INDUSTRY, OR REGION]."
Page 3, lines 8 - 10:
Delete "a substantial class of persons to which
the person belongs as a member of a profession,
occupation, industry, or region"
Insert "the general public of the state"
REPRESENTATIVE WOOL objected for the purpose of discussion.
REPRESENTATIVE LEDOUX stated that Amendment 1 would make changes
to page 2, lines 26-28, of CSSSHB 44(JUD). She explained that
the proposed amendment would delete the language "a substantial
class of persons to which the legislator or the family member
who has the financial interest belongs as a member of a
profession, occupation, industry, or region" and replace it with
"the general public".
3:21:01 PM
The committee took a brief at-ease at 3:21 p.m.
3:21:58 PM
CHAIR KREISS-TOMKINS asked the drafter of the amendment to
clarify the proposed changes to page 2, line 31, of CSSSHB
44(JUD).
3:22:22 PM
DAN WAYNE, Attorney, Legislative Legal and Research Services,
stated that the change to page 2, line 31, is a conforming
change due to the deletion of the language on page 2, lines 26-
28. He mentioned that under Amendment 1, the deleted language
would be moved to page 2, line 31, and displayed in uppercase
letters and bracketed for clarity.
REPRESENTATIVE LEDOUX referred to page 3, lines 8-10, of CSSSHB
44(JUD) and stated that Amendment 1 would delete the language "a
substantial class of persons to which the person belongs as a
member of a profession, occupation, industry, or region" and
insert "the general public". She explained the proposed
amendment by giving the following example: A legislator who was
a member of the alcohol industry considers proposed legislation
that affects the entire alcohol industry but doesn't affect the
legislator's business to a greater extent than the industry in
general. Under CSSSHB 44(JUD), as currently written, the
legislator would be allowed to vote on the proposed legislation.
Under Amendment 1, if the proposed legislation affects the
industry to a greater extent than the general public, the
legislator would not be allowed to vote on the proposed
legislation.
3:24:46 PM
REPRESENTATIVE TUCK gave an example for clarification of
Amendment 1: Proposed legislation would reduce the cruise ship
head tax. If the legislator was the owner of a cruise ship
line, even though his/her cruise line would not be impacted
differently from other cruise lines, he/she would not be
permitted to vote because the cruise lines would be impacted
"over the general public."
REPRESENTATIVE LEDOUX agreed.
3:25:46 PM
REPRESENTATIVE WOOL offered that [under Amendment 1] if a
legislator was involved in any industry and proposed legislation
affected that industry, with the assumption that the general
public is not a part of that industry, the legislator would be
required to abstain from voting on the proposed legislation.
REPRESENTATIVE LEDOUX agreed and added that the legislator would
have to have "a financial interest" as defined by CSSSHB
44(JUD).
REPRESENTATIVE WOOL offered the possibility that the proposed
amendment could affect non-financial issues for a class of
workers, which is different from the general public. He
suggested that a lawmaker in that class would have to declare a
conflict of interest.
3:27:51 PM
REPRESENTATIVE TUCK referred to his trade as an electrician and
asked if Amendment 1 would apply to legislation proposing new
safety standards.
3:28:20 PM
RYAN JOHNSTON, Staff, Representative Jason Grenn, Alaska State
Legislature, on behalf of Representative Grenn, prime sponsor of
CSSSHB 44(JUD), confirmed that Amendment 1 refers only to
situations involving financial gains or losses.
REPRESENTATIVE TUCK asked if, as a licensed electrician, he
would have to abstain from voting on proposed legislation that
reduced the required number of continuing education credits for
license renewal, thus reducing the cost.
MR. WAYNE stated that Amendment 1 refers to financial decreases
as well as increases. He added that regarding proposed
legislation changing the requirements for accreditation, if the
effect on the financial interest of the legislator is greater
than the effect on the general public, then the legislator would
be required to declare a conflict.
REPRESENTATIVE LEDOUX emphasized that the financial interest
would have to be substantial, and there is no change in the
proposed legislation in that regard. She stated that the change
under Amendment 1 addresses the situation in which the effect of
that interest is greater [for the legislator] than for the
general public.
MR. WAYNE agreed.
REPRESENTATIVE LEDOUX cited the example of a legislator who
owned $100 in stocks in a cruise ship enterprise and suggested
that this would not constitute a substantial interest.
MR. WAYNE agreed that it probably would not, but the Select
Committee on Legislative Ethics is the final arbiter of those
determinations.
3:32:44 PM
REPRESENTATIVE WOOL expressed his concern that these questions
will all funnel into a logjam before the Select Committee on
Legislative Ethics.
REPRESENTATIVE LEDOUX responded that these issues would not
funnel into the Select Committee on Legislative Ethics, since
the legislators would be voting on declared conflicts and
subsequent recusals. She added that the declaration of
ownership in stocks in an industry affected by proposed
legislation would become a [conflict of interest] matter for the
legislature to decide.
3:34:18 PM
REPRESENTATIVE BIRCH stated that he has concerns about the
entanglements that CSSSHB 44(JUD) would engender on the House
floor as legislators attempt to assess conflicts of interest.
He added that every elected legislator in Alaska has something
else going on in his/her life. He maintained that the public is
aware of the other interests through the Public Official
Financial Disclosure (POFD) and through the crucible of primary
and general elections. He opined that the current process, in
which the legislator declares a possible conflict on the
legislative floor and a single objection from the body allows
the vote, is sufficient. He mentioned the different procedure
used in local governments: the conflict of interest
determination is delegated to the presiding officer and can be
overruled by the body. He opined that CSSSHB 44(JUD) would
create huge delays, the current procedure works, and there are
sufficient checks and balances for conflicts of interest.
3:37:22 PM
REPRESENTATIVE WOOL removed his objection to Amendment 1. There
being no further objection, it was so ordered.
[CSSSHB 44(JUD) was held over.]
HCR 1-AMEND UNIFORM RULES: ABSTAIN FROM VOTING
3:37:50 PM
CHAIR KREISS-TOMKINS announced that the final order of business
would be HOUSE CONCURRENT RESOLUTION NO. 1, Proposing an
amendment to the Uniform Rules of the Alaska State Legislature
relating to voting and abstention from voting.
3:38:18 PM
REPRESENTATIVE JOHNSON moved adopt Amendment 1, [labeled 30-
LS0209\J.6, Gardner, 3/1/17], which read:
Page 2, line 6:
Delete "a majority of"
Insert "three-quarters of"
CHAIR KREISS-TOMKINS objected for the purpose of discussion.
REPRESENTATIVE JOHNSON stated that the intent of Amendment 1 is
to avoid the possibility of a legislator agreeing to allow a
member to abstain from voting to influence the passage of a bill
or resolution. She maintained that requiring a three-quarters
vote of 30 members instead of a simple majority would make it
more likely that members of both the majority and minority would
be needed for consent. She added that Amendment 1 would help to
avoid the perception that a vote on abstention could be used as
a tool to keep a legislator out of the voting process.
3:40:13 PM
REPRESENTATIVE LEDOUX asked if the sponsor of HCR 1 considers
Amendment 1 a friendly or unfriendly amendment.
RYAN JOHNSTON, Staff, Representative Jason Grenn, Alaska State
Legislature, on behalf of Representative Grenn, prime sponsor of
HCR 1, stated that 28 states use a vote and 24 of those 28 use a
majority vote [to decide abstentions due to conflict of
interest]. He said that the use of "majority vote" in HCR 1 was
for the sake of continuity, since current statutes require that
at the municipal level.
3:41:00 PM
REPRESENTATIVE TUCK asked what the procedure was in the four
states not using majority vote.
MR. JOHNSTON replied that 4 of the 28 states use a two-thirds
vote. He confirmed for Representative LeDoux that he is not
aware of a three-quarters vote being used in any state.
3:41:29 PM
REPRESENTATIVE JOHNSON stated that her intent was not to
introduce an unfriendly amendment.
3:41:43 PM
REPRESENTATIVE WOOL expressed his support for not using a simple
majority vote.
3:42:15 PM
REPRESENTATIVE TUCK moved to adopt conceptual Amendment 1 to
Amendment 1 to replace "three-quarters vote" with "two-thirds
vote".
REPRESENTATIVE JOHNSON objected for the purpose of discussion.
REPRESENTATIVE TUCK stated that there are very few legislative
actions requiring a three-quarters vote. He offered that the
only such vote is the one to spend the constitutional budget
reserve (CBR). He opined that such a requirement is a very high
standard, and a two-thirds vote requirement, such as for
effective date clauses and court rulings, is already a high
standard.
REPRESENTATIVE JOHNSON removed her objection to conceptual
Amendment 1 to Amendment 1. There being no further objection,
it was so ordered.
CHAIR KREISS-TOMKINS removed his objection to Amendment 1, [as
amended]. There being no further objection, it was so ordered.
3:45:04 PM
The committee took a brief at-ease at 3:45 p.m.
3:45:35 PM
REPRESENTATIVE WOOL suggested a conceptual amendment to include
a sunset date in the proposed legislation to "take it for a test
drive." He asked if inserting a sunset date would be possible
with the understanding that the current legislature cannot tell
a future legislature "what to do." He asked what the effective
date was for the proposed legislation.
MR. JOHNSTON replied that as currently written, the proposed
legislation would take effect at the beginning of next year's
session [the second session of the Thirtieth Alaska State
Legislature, 2017-2018], up until the Thirty-First Alaska State
Legislature, 2019-2020. He stated that through discussions with
Legislative Legal and Research Services staff, he learned that
inserting a three-year sunset into the proposed legislation
would bind the Thirty-First Alaska State Legislature, 2019-2020,
to adopting Uniform Rule 34(b) outside of the normal procedures
of adopting rules prior to the session. He said that
technically the proposed legislation has a sunset, which is the
start of the Thirty-First Alaska State Legislature, 2019-2020.
He said that at that point, [the Uniform Rule] could be changed
or adopted again for the Thirty-First Alaska State Legislature,
2019-2020.
REPRESENTATIVE WOOL asked for confirmation that [the Uniform
Rule] would be in effect at the beginning of next year's
session, and when the Thirty-First Alaska State Legislature,
2019-2020, begins, the rule would come before the legislature
again for adoption.
MR. JOHNSTON confirmed that is correct.
MR. WAYNE, in response to Chair Kreiss-Tomkins, stated that to
comment on the discussion, he would need to review the
requirements for Uniform Rules to expire and be re-adopted.
CHAIR KREISS-TOMKINS recommended postponing introduction of the
suggested amendment to the 3/7/17 House State Affairs Standing
Committee meeting.
3:49:16 PM
REPRESENTATIVE LEDOUX asked if she is correct in her belief that
the Uniform Rules will remain in effect until re-adopted by the
Thirty-First Alaska State Legislature, 2019-2020, and all the
rules together are adopted by the legislature at the beginning
of the session.
MR. JOHNSTON said, "That is correct." He stated that there is
an automatic sunset date on Uniform Rule 34(b) because it must
be re-adopted by the Thirty-First Alaska State Legislature,
2019-2020. He expressed his understanding that the legislature
can amend a Uniform Rule prior to adoption by the legislature.
MR. WAYNE cited Uniform Rule 53, which he said addresses the
adoptions and amendments of Uniform Rules. He paraphrased
Uniform Rule 53, which read as follows [original punctuation
provided]:
The Uniform Rules of each legislature shall be adopted
in joint session by a majority vote of the full
membership of each house. Thereafter the Uniform
Rules may be amended only by the adoption of a
concurrent resolution by a two-thirds vote of the full
membership of each house.
MR. WAYNE stated that he agreed with Mr. Johnston's explanation.
[HCR 1 was held over.]
3:52:24 PM
ADJOURNMENT
There being no further business before the committee, the House
State Affairs Standing Committee meeting was adjourned at 3:52
p.m.
| Document Name | Date/Time | Subjects |
|---|---|---|
| HCR 1 Draft Proposed Amendment 3.1.17.pdf |
HSTA 3/2/2017 3:00:00 PM |
HCR 1 |
| HB 44 Draft Proposed Amendment U.3 3.2.17.PDF |
HSTA 3/2/2017 3:00:00 PM |
HB 44 |
| HB 97 Draft Proposed Amendment A.1 3.2.17.pdf |
HSTA 3/2/2017 3:00:00 PM |
HB 97 |