Legislature(2017 - 2018)BELTZ 105 (TSBldg)

04/24/2018 01:30 PM JUDICIARY

Note: the audio and video recordings are distinct records and are obtained from different sources. As such there may be key differences between the two. The audio recordings are captured by our records offices as the official record of the meeting and will have more accurate timestamps. Use the icons to switch between them.

Download Mp3. <- Right click and save file as
Download Video part 1. <- Right click and save file as

* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+= HB 208 TRUSTS; COMM PROP TRUSTS; POWERS OF APPT TELECONFERENCED
Scheduled but Not Heard
+= HB 123 DISCLOSURE OF HEALTH CARE COSTS TELECONFERENCED
Moved SCS CSHB 123(JUD) Out of Committee
+= HB 259 CONFINING VEHICLE LOADS TELECONFERENCED
Moved SCS CSHB 259(JUD) Out of Committee
+= HB 336 SUPPORTIVE DECISION-MAKING AGREEMENTS TELECONFERENCED
Moved CSHB 336(JUD) AM Out of Committee
+= HB 44 LEGISLATIVE ETHICS: VOTING & CONFLICTS TELECONFERENCED
Moved SCS CSSSHB 44(STA) Out of Committee
+ Bills Previously Heard/Scheduled TELECONFERENCED
                    ALASKA STATE LEGISLATURE                                                                                  
              SENATE JUDICIARY STANDING COMMITTEE                                                                             
                         April 24, 2018                                                                                         
                           1:35 p.m.                                                                                            
                                                                                                                                
                                                                                                                                
MEMBERS PRESENT                                                                                                               
                                                                                                                                
Senator John Coghill, Chair                                                                                                     
Senator Mia Costello                                                                                                            
Senator Pete Kelly                                                                                                              
Senator Bill Wielechowski                                                                                                       
Senator Mike Shower                                                                                                             
                                                                                                                                
MEMBERS ABSENT                                                                                                                
                                                                                                                                
All members present                                                                                                             
                                                                                                                                
COMMITTEE CALENDAR                                                                                                            
                                                                                                                                
COMMITTEE SUBSTITUTE FOR HOUSE BILL NO. 123(HSS)                                                                                
"An Act relating to disclosure  of health care services and price                                                               
information; and providing for an effective date."                                                                              
                                                                                                                                
     - MOVED SCS CSHB 123(JUD) OUT OF COMMITTEE                                                                                 
                                                                                                                                
COMMITTEE SUBSTITUTE FOR HOUSE BILL NO. 259(JUD) AM                                                                             
"An  Act   relating  to  containing  or   confining  loads  being                                                               
transported on highways."                                                                                                       
                                                                                                                                
     - MOVED SCS CSHB 259(JUD) OUT OF COMMITTEE                                                                                 
                                                                                                                                
COMMITTEE SUBSTITUTE FOR HOUSE BILL NO. 336(JUD) AM                                                                             
"An  Act  relating  to supported  decision-making  agreements  to                                                               
provide for  decision- making assistance; and  amending Rule 402,                                                               
Alaska Rules of Evidence."                                                                                                      
                                                                                                                                
     - MOVED CSHB 336(JUD) AM OUT OF COMMITTEE                                                                                  
                                                                                                                                
CS FOR SS FOR HOUSE BILL NO. 44(STA)                                                                                            
"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; and  requiring a legislator  to request to  be excused                                                               
from  voting in  an  instance  where the  legislator  may have  a                                                               
financial conflict of interest."                                                                                                
                                                                                                                                
     - MOVED SCS CSSSHB 44(STA) OUT OF COMMITTEE                                                                                
                                                                                                                                
HOUSE BILL NO. 208                                                                                                              
"An Act relating to trusts and powers of appointment; and                                                                       
providing for an effective date."                                                                                               
                                                                                                                                
     - SCHEDULED BUT NOT HEARD                                                                                                  
                                                                                                                                
PREVIOUS COMMITTEE ACTION                                                                                                     
                                                                                                                                
BILL: HB 123                                                                                                                  
SHORT TITLE: DISCLOSURE OF HEALTH CARE COSTS                                                                                    
SPONSOR(s): REPRESENTATIVE(s) SPOHNHOLZ                                                                                         
                                                                                                                                
02/13/17       (H)       READ THE FIRST TIME - REFERRALS                                                                        
02/13/17       (H)       HSS, JUD                                                                                               
03/02/17       (H)       HSS AT 3:00 PM CAPITOL 106                                                                             
03/02/17       (H)       Heard & Held                                                                                           
03/02/17       (H)       MINUTE(HSS)                                                                                            
03/09/17       (H)       HSS AT 3:00 PM CAPITOL 106                                                                             
03/09/17       (H)       Moved  CSHB 123(HSS) Out of Committee                                                                  
03/09/17       (H)       MINUTE(HSS)                                                                                            
03/10/17       (H)       HSS RPT CS(HSS) 5DP 2NR                                                                                
03/10/17       (H)       DP: JOHNSTON, TARR, EDGMON, SULLIVAN-                                                                  
                         LEONARD, SPOHNHOLZ                                                                                     
03/10/17       (H)       NR: KITO, EASTMAN                                                                                      
03/24/17       (H)       JUD AT 1:00 PM GRUENBERG 120                                                                           
03/24/17       (H)       Heard & Held                                                                                           
03/24/17       (H)       MINUTE(JUD)                                                                                            
03/27/17       (H)       JUD AT 1:00 PM GRUENBERG 120                                                                           
03/27/17       (H)       Heard & Held                                                                                           
03/27/17       (H)       MINUTE(JUD)                                                                                            
03/29/17       (H)       JUD AT 1:00 PM GRUENBERG 120                                                                           
03/29/17       (H)       Moved CSHB 123(HSS) Out of Committee                                                                   
03/29/17       (H)       MINUTE(JUD)                                                                                            
03/31/17       (H)       JUD RPT CS(HSS) 1DP 1NR 4AM                                                                            
03/31/17       (H)       DP: CLAMAN                                                                                             
03/31/17       (H)       NR: EASTMAN                                                                                            
03/31/17       (H)       AM:   KOPP,   KREISS-TOMKINS,   FANSLER,                                                               
                         REINBOLD                                                                                               
04/07/17       (H)       TRANSMITTED TO (S)                                                                                     
04/07/17       (H)       VERSION: CSHB 123(HSS)                                                                                 
04/10/17       (S)       READ THE FIRST TIME - REFERRALS                                                                        
04/10/17       (S)       HSS, JUD                                                                                               
03/16/18       (S)       HSS AT 1:30 PM BUTROVICH 205                                                                           
03/16/18       (S)       Heard & Held                                                                                           
03/16/18       (S)       MINUTE(HSS)                                                                                            
04/04/18       (S)       HSS AT 1:30 PM BUTROVICH 205                                                                           
04/04/18       (S)       Moved   SCS   CSHB   123(HSS)   Out   of                                                               
                         Committee                                                                                              
04/04/18       (S)       MINUTE(HSS)                                                                                            
04/06/18       (S)       HSS RPT SCS  4DP   NEW TITLE                                                                           
04/06/18       (S)       DP: WILSON, BEGICH, VON IMHOF, GIESSEL                                                                 
04/16/18       (S)       JUD AT 1:30 PM BELTZ 105 (TSBldg)                                                                      
04/16/18       (S)       <Above Item Removed from Agenda>                                                                       
04/16/18       (S)       MINUTE(JUD)                                                                                            
04/19/18       (S)       JUD AT 9:00 AM BELTZ 105 (TSBldg)                                                                      
04/19/18       (S)       Heard & Held                                                                                           
04/19/18       (S)       MINUTE(JUD)                                                                                            
04/20/18       (S)       JUD AT 1:30 PM BELTZ 105 (TSBldg)                                                                      
04/20/18       (S)       Heard & Held                                                                                           
04/20/18       (S)       MINUTE(JUD)                                                                                            
04/23/18       (S)       JUD AT 1:30 PM BELTZ 105 (TSBldg)                                                                      
04/23/18       (S)       -- MEETING CANCELED --                                                                                 
04/24/18       (S)       JUD AT 1:30 PM BELTZ 105 (TSBldg)                                                                      
                                                                                                                                
BILL: HB 259                                                                                                                  
SHORT TITLE: CONFINING VEHICLE LOADS                                                                                            
SPONSOR(s): REPRESENTATIVE(s) STUTES                                                                                            
                                                                                                                                
01/08/18       (H)       PREFILE RELEASED 1/8/18                                                                                

01/16/18 (H) READ THE FIRST TIME - REFERRALS

01/16/18 (H) TRA, JUD

01/25/18 (H) TRA AT 1:15 PM BARNES 124

01/25/18 (H) -- MEETING CANCELED --

01/30/18 (H) TRA AT 1:00 PM BARNES 124

01/30/18 (H) -- MEETING CANCELED -- 02/01/18 (H) TRA AT 1:00 PM BARNES 124 02/01/18 (H) Heard & Held 02/01/18 (H) MINUTE(TRA) 02/08/18 (H) TRA AT 1:00 PM BARNES 124 02/08/18 (H) Moved CSHB 259(TRA) Out of Committee 02/08/18 (H) MINUTE(TRA) 02/09/18 (H) TRA RPT CS(TRA) 1DP 5AM 02/09/18 (H) DP: STUTES 02/09/18 (H) AM: KOPP, CLAMAN, DRUMMOND, EASTMAN, WOOL 02/21/18 (H) JUD AT 1:00 PM GRUENBERG 120 02/21/18 (H) <Bill Hearing Canceled> 02/23/18 (H) JUD AT 1:30 PM GRUENBERG 120 02/23/18 (H) Heard & Held 02/23/18 (H) MINUTE(JUD) 03/05/18 (H) JUD AT 1:00 PM GRUENBERG 120 03/05/18 (H) Moved CSHB 259(JUD) Out of Committee 03/05/18 (H) MINUTE(JUD) 03/07/18 (H) JUD RPT CS(JUD) 5DP 1NR 1AM 03/07/18 (H) DP: KOPP, KREISS-TOMKINS, STUTES, LEDOUX, CLAMAN 03/07/18 (H) NR: REINBOLD 03/07/18 (H) AM: EASTMAN 03/15/18 (H) TRANSMITTED TO (S) 03/15/18 (H) VERSION: CSHB 259(JUD) AM 03/16/18 (S) READ THE FIRST TIME - REFERRALS 03/16/18 (S) TRA, JUD 03/29/18 (S) TRA AT 1:30 PM BUTROVICH 205 03/29/18 (S) -- MEETING CANCELED -- 04/03/18 (S) TRA AT 1:30 PM BUTROVICH 205 04/03/18 (S) Heard & Held 04/03/18 (S) MINUTE(TRA) 04/17/18 (S) TRA AT 1:30 PM BUTROVICH 205 04/17/18 (S) Moved SCS CSHB 259(TRA) Out of Committee 04/17/18 (S) MINUTE(TRA) 04/18/18 (S) TRA RPT SCS 1DP 3NR SAME TITLE 04/18/18 (S) NR: STEDMAN, WILSON, BISHOP 04/18/18 (S) DP: EGAN 04/20/18 (S) JUD AT 1:30 PM BELTZ 105 (TSBldg) 04/20/18 (S) Heard & Held 04/20/18 (S) MINUTE(JUD) 04/23/18 (S) JUD AT 1:30 PM BELTZ 105 (TSBldg) 04/23/18 (S) -- MEETING CANCELED -- 04/24/18 (S) JUD AT 1:30 PM BELTZ 105 (TSBldg) BILL: HB 336 SHORT TITLE: SUPPORTIVE DECISION-MAKING AGREEMENTS SPONSOR(s): REPRESENTATIVE(s) MILLETT 02/07/18 (H) READ THE FIRST TIME - REFERRALS 02/07/18 (H) HSS, JUD 03/01/18 (H) HSS AT 3:00 PM CAPITOL 106 03/01/18 (H) Heard & Held 03/01/18 (H) MINUTE(HSS) 03/08/18 (H) HSS AT 3:00 PM CAPITOL 106 03/08/18 (H) Moved CSHB 336(HSS) Out of Committee 03/08/18 (H) MINUTE(HSS) 03/09/18 (H) HSS RPT CS(HSS) 6DP 03/09/18 (H) DP: JOHNSTON, CLAMAN, EDGMON, SULLIVAN- LEONARD, KITO, TARR 04/09/18 (H) JUD AT 1:00 PM GRUENBERG 120 04/09/18 (H) Heard & Held 04/09/18 (H) MINUTE(JUD) 04/11/18 (H) JUD AT 1:00 PM GRUENBERG 120 04/11/18 (H) Moved CSHB 336(JUD) Out of Committee 04/11/18 (H) MINUTE(JUD) 04/11/18 (H) JUD AT 7:00 PM GRUENBERG 120 04/11/18 (H) -- MEETING CANCELED -- 04/12/18 (H) JUD RPT CS(JUD) 4DP 2NR 1AM 04/12/18 (H) DP: KOPP, KREISS-TOMKINS, STUTES, CLAMAN 04/12/18 (H) NR: LEDOUX, REINBOLD 04/12/18 (H) AM: EASTMAN 04/14/18 (H) TRANSMITTED TO (S) 04/14/18 (H) VERSION: CSHB 336(JUD) AM 04/15/18 (S) READ THE FIRST TIME - REFERRALS 04/15/18 (S) JUD 04/20/18 (S) JUD AT 1:30 PM BELTZ 105 (TSBldg) 04/20/18 (S) Heard & Held 04/20/18 (S) MINUTE(JUD) 04/23/18 (S) JUD AT 1:30 PM BELTZ 105 (TSBldg) 04/23/18 (S) -- MEETING CANCELED -- 04/24/18 (S) JUD AT 1:30 PM BELTZ 105 (TSBldg) 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

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(A) 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 03/02/17 (H) Heard & Held 03/02/17 (H) MINUTE(STA) 03/07/17 (H) STA AT 5:30 PM GRUENBERG 120 03/07/17 (H) Heard & Held 03/07/17 (H) MINUTE(STA) 03/28/17 (H) STA AT 3:00 PM GRUENBERG 120 03/28/17 (H) Moved CS SSHB 44(STA) Out of Committee 03/28/17 (H) MINUTE(STA) 04/03/17 (H) STA RPT CS(STA) NT 3DP 1DNP 3NR 04/03/17 (H) DP: LEDOUX, TUCK, KREISS-TOMKINS 04/03/17 (H) DNP: BIRCH 04/03/17 (H) NR: JOHNSON, WOOL, KNOPP 04/08/17 (H) SUSTAINED RULING OF CHAIR Y23 N16 E1 04/08/17 (H) BEFORE HOUSE IN SECOND READING 04/08/17 (H) TRANSMITTED TO (S) 04/08/17 (H) VERSION: CSSSHB 44(STA) 04/10/17 (S) READ THE FIRST TIME - REFERRALS 04/10/17 (S) STA, JUD 02/20/18 (S) STA AT 3:30 PM BUTROVICH 205 02/20/18 (S) Heard & Held 02/20/18 (S) MINUTE(STA) 02/22/18 (S) STA AT 3:30 PM BUTROVICH 205 02/22/18 (S) Heard & Held 02/22/18 (S) MINUTE(STA) 03/23/18 (S) FIN REFERRAL ADDED AFTER JUD 03/27/18 (S) STA AT 3:30 PM BUTROVICH 205 03/27/18 (S) Moved SCS CSSSHB 44(STA) Out of Committee 03/27/18 (S) MINUTE(STA) 03/28/18 (S) STA RPT SCS 1DP 1DNP 3NR NEW TITLE 03/28/18 (S) DP: MEYER 03/28/18 (S) DNP: WILSON 03/28/18 (S) NR: GIESSEL, EGAN, COGHILL 04/09/18 (S) JUD AT 1:30 PM BELTZ 105 (TSBldg) 04/10/18 (S) JUD AT 9:00 AM BELTZ 105 (TSBldg) 04/10/18 (S) Scheduled but Not Heard 04/11/18 (S) JUD AT 1:30 PM BELTZ 105 (TSBldg) 04/11/18 (S) Scheduled but Not Heard 04/13/18 (S) JUD AT 1:30 PM BELTZ 105 (TSBldg) 04/13/18 (S) MILITARY JUSTICE & MILITIA CIVIL RELIEF 04/16/18 (S) JUD AT 1:30 PM BELTZ 105 (TSBldg) 04/16/18 (S) Heard & Held 04/16/18 (S) MINUTE(JUD) 04/24/18 (S) JUD AT 1:30 PM BELTZ 105 (TSBldg) WITNESS REGISTER JAYNE ANDREEN, Volunteer Advocate AARP Juneau, Alaska POSITION STATEMENT: Testified in support of HB 336. ART DELAUNE, Member Governor's Council on Disabilities and Special Education Fairbanks, Alaska POSITION STATEMENT: Testified in support of HB 336. REPRESENTATIVE JASON GRENN Alaska State Legislature Juneau, Alaska POSITION STATEMENT: Sponsor of HB 44. ACTION NARRATIVE 1:35:09 PM35 CHAIR JOHN COGHILL called the Senate Judiciary Standing Committee meeting to order at 1:35 p.m. Present at the call to order were Senators Shower, Costello, Wielechowski, and Chair Coghill. Senator Kelly arrived thereafter. He reviewed the agenda and advised that the committee would not hear HB 208. He expressed hope that over the next 8 months the interested parties would work to find a path forward. HB 123-DISCLOSURE OF HEALTH CARE COSTS 1:37:03 PM CHAIR COGHILL announced the consideration of HB 123. [SCS CSHB 123, version Q, was adopted on 4/20/18.] He noted that he had an amendment that the sponsor supports. 1:37:49 PM SENATOR COSTELLO moved to adopt Amendment 1, work order 30- LS0380\Q.2. 30-LS0380\Q.2 Bruce 4/20/18 AMENDMENT 1 OFFERED IN THE SENATE BY SENATOR COGHILL TO: SCS CSHB 123(JUD), Draft Version "Q" Page 2, line 9: Delete "25" Insert "10" Page 2, line 10, following "year": Insert "from each of the six sections of Category I, Current Procedural Terminology, adopted by the American Medical Association" Page 2, line 17: Delete "25" Insert "10" Page 2, line 18, following "year": Insert "from each of the six sections of Category I, Current Procedural Terminology, adopted by the American Medical Association" Page 2, lines 22 - 27: Delete all material and insert: "(c) If, in the annual reporting period under this section, fewer than the number of health care services described under (a) or (b) of this section are performed by a health care provider or at a health care facility in the state, the provider or facility shall include in the list required under this section all of the health care services performed by the provider or at the facility from each of the six sections described under (a) or (b) of this section." CHAIR COGHILL objected and asked if there were questions about the amendment that Mr. Shilling described during the previous hearing. Finding no questions, he removed his objection and Amendment 1 was adopted. 1:38:54 PM SENATOR COSTELLO commented that this bill and several others going through the process that address transparency and rising health care costs are a good start to help the consumer become better informed. 1:39:37 PM SENATOR KELLY joined the committee. 1:39:49 PM SENATOR COSTELLO moved to report the Senate CS for CSHB 123, version Q as amended, from committee with individual recommendations and attached fiscal note(s). CHAIR COGHILL found no objection and SCS CSHB 123(JUD) moved from the Senate Judiciary Standing Committee. 1:40:18 PM At ease HB 259-CONFINING VEHICLE LOADS 1:41:42 PM CHAIR COGHILL announced the consideration of HB 259. [SCS CSHB 259, version G, was adopted on 4/20/18.] He found no questions or amendments. 1:42:13 PM SENATOR COSTELLO moved to report the Senate CS for CSHB 259(JUD), version G, from committee with individual recommendations and attached fiscal note(s). CHAIR COGHILL announced that without objection, SCS CSHB 259(JUD) moved from the Senate Judiciary Standing Committee. 1:42:34 PM At ease HB 336-SUPPORTIVE DECISION-MAKING AGREEMENTS 1:44:01 PM CHAIR COGHILL announced the consideration of HB 336. He solicited public testimony. 1:45:06 PM JAYNE ANDREEN, Volunteer Advocate, AARP, Juneau, Alaska, stated support for HB 336. She advised that AARP in Alaska has been an active partner in the Working Interdisciplinary Networks of Guardianship Stakeholders (WINGS) Project, looking for alternatives to the extreme guardianship that exists in Alaska. Thus, AARP has had input in HB 336 and supports the way it is drafted. She explained that supported decision-making has long been important in the disabilities community and as the population ages it's clear that it is an important tool to keep older Alaskans who have been diagnosed with dementia engaged and surrounded with people they trust to help make decisions. She shared a personal experience of a family member age 65 who was recently diagnosed with frontal lobe dementia. His family is working with the doctor to set up an informal assisted decision- making team. MS. ANDREEN reiterated support for HB 336. CHAIR COGHILL shared his experience as power of attorney for his elderly father. 1:47:43 PM ART DELAUNE, Member, Governor's Council on Disabilities and Special Education, Fairbanks, Alaska, stated that he supports HB 336 because it adds the option of supportive decision-making agreements to guardianships in Alaska. They are written by a set process with supporters who are chosen by the person who wants the support. These agreements provide specific ways that supporters will help with decisions and will have safeguards to help the wellbeing and independence of adults with disabilities. It allows an individual to take control of their life, develop decision-making skills, and live independently. It builds on the planning process often used in special education programs and can be used to transition youth educational development beyond the age of 22. MR. DELAUNE shared that he is the guardian for his 24-year-old son who experiences both a developmental disability and a mental health disability. The process of discussing decisions and coming to agreement before a decision is made has always worked. Supportive decision-making will give his son control over his life that is unavailable under a guardianship. The guardianship system in Alaska has more than three times the workload as the national average. Supportive decision-making would help relieve some of the strain on this system and reduce costs to the state. Passing HB 336 will allow individuals with disabilities to have a voice in directing their lives. Research shows that people who make decisions about their lives are more involved in the community and more likely to be satisfied with their lives. He encouraged passage of HB 336. 1:51:09 PM CHAIR COGHILL closed public testimony on HB 336. 1:51:55 PM SENATOR COSTELLO moved to report CSHB 336 from committee with individual recommendations and attached fiscal note(s). CHAIR COGHILL found no objection and CSHB 336(JUD) AM moved from the Senate Judiciary Standing Committee. 1:52:24 PM At ease HB 44-LEGISLATIVE ETHICS: VOTING & CONFLICTS 1:53:35 PM CHAIR COGHILL announced the consideration of HB 44. [SCS CSSSHB 44(STA), version N, was before the committee.] 1:54:08 PM At ease 1:57:07 PM CHAIR COGHILL reconvened the meeting. 1:57:22 PM SENATOR WIELECHOWSKI asked the sponsor if he supported the changes in the State Affairs committee substitute (CS). 1:57:36 PM REPRESENTATIVE JASON GRENN, Alaska State Legislature, Juneau, Alaska, sponsor of HB 44, said yes. SENATOR WIELECHOWSKI asked if there are differences between the bill and the initiative. REPRESENTATIVE GRENN replied they are substantially similar. CHAIR COGHILL advised that legislative legal said the only difference is that the initiative says that when a lobbyist pays for a legislator's meal, it must be a de minimis amount and the bill specifies a $15 amount. That is the amount in current statute and the thought was that these pass the sameness test. SENATOR WIELECHOWSKI asked if passing HB 44 would remove the initiative from the ballot. REPRESENTATIVE GRENN said if the bill is signed into law, the Division of Elections will determine whether it is substantially similar to the initiative. If so, the initiative would be removed from the ballot. He noted that he has testified that they seem to be mirror images. 1:59:44 PM SENATOR WIELECHOWSKI expressed concern that the legislature would be able to change the bill next year whereas a citizen's initiative can't be changed for two years. CHAIR COGHILL offered his experience that it's difficult to change things back whether it's a bill or initiative. SENATOR WIELECHOWSKI cited minimum wage as an instance where that happened. 2:00:30 PM SENATOR COSTELLO offered her understanding that this was brought forward because two legislators who work for oil companies benefitted from the way they voted on an oil tax bill. The voter initiative subsequently came through and the voters in those two districts overwhelmingly supported the way that their elected officials had voted. If there had been a provision on the books that prohibited those citizen legislators from voting on the measure, 60,000 Alaskan voters would not have had a voice, she said. She asked for assurance that in passing HB 44, the members of this citizen legislature would not be prevented from voting on measures, they just have to state they have a potential conflict. REPRESENTATIVE GRENN said HB 44 was not intended to shine a light on previous votes or legislation. As a citizen running for election he thought it was important to do anything that would build trust and transparency with the voters. When HB 44 was originally drafted, the Senators in the scenario she described would not have been precluded from voting based on their employment. However, the bill was changed in the committee process. It is more restrictive on who rises to declare a conflict, but the Uniform Rule that allows a lone objection to compel the person to vote was not changed. He said he believes the bill allows for a citizen legislature but clarifies the statute related to stating a conflict. It is consistent with many other states. CHAIR COGHILL found no further questions. 2:06:33 PM SENATOR COSTELLO moved to report the Senate CS for CSSSHB 44, version N, from committee with individual recommendations and attached fiscal note(s). 2:06:56 PM CHAIR COGHILL stated that without objection, SCS CSSSHB 44(STA) moves from the Senate Judiciary Standing Committee. 2:07:12 PM There being no further business to come before the committee, Chair Coghill adjourned the Senate Judiciary Standing Committee meeting at 2:07 pm.

Document Name Date/Time Subjects