Legislature(1997 - 1998)
1998-05-02 Senate Journal
Full Journal pdf1998-05-02 Senate Journal Page 3716 SB 358 Senator Pearce requested that the reconsideration on SENATE BILL NO. 358 am SENATE BILL NO. 358 am An Act relating to the disclosure of certain personnel records that include information about the use of public funds be taken up. The bill was before the Senate on reconsideration. Senator Pearce moved that the bill be returned to second reading for the purpose of a specific amendment, that being Amendment No. 2. Without objection, the bill was returned to second reading. Senator Pearce offered Amendment No. 2 : Page 1, lines 1 - 2: Delete "disclosure of the use of state funds related to personnel records" Insert "the disclosure of certain personnel records that include information about the use of public funds" Page 1, lines 4 - 10: Delete all material and insert: "* Section 1. AS39.25 is amended by adding a new section to read: Sec. 39.25.085. Release of certain information in personnel records concerning the use of public funds. (a) A state agency that is authorized by law to audit the state's use of public funds may request the public release to the agency of audit results contained in a confidential personnel record that relate to the improper use of public funds. The agency holding the records shall release the audit results relating to the improper use of public funds to the auditing agency unless disclosure is prohibited under this section or other law that protects the records on a basis other than that the records are personnel records. 1998-05-02 Senate Journal Page 3717 SB 358 (b) A state agency holding confidential personnel records that are the subject of a request for public release under (a) of this section shall notify the employee who is the subject of the record of the request for public release of audit results relating to the improper use of public funds and of the procedures that the employee may use to protest the public release of the audit results. The employee may, within 10 days after receiving notice of the request to release the audit results, file with the appropriate reviewing officer a written objection to the public release. The appropriate reviewing officer or the officers designee shall hold an informal confidential hearing and review the record to determine if the findings and conclusions relating to the improper use of public funds are based on substantial evidence and if the decision in the matter is reasonable. If the reviewing officer finds that the audit results are not based on substantial evidence or that the decision is unreasonable, the officer shall prohibit the public release of the audit results. (c) The appropriate reviewing officer for employees of the executive branch, including employees of the University of Alaska, is the officer appointed by the director of the division of finance, Department of Administration, or the officer's designee. The appropriate reviewing officer for employees of the judicial branch is the administrative director of the court system. The appropriate reviewing officer for employees of the legislative branch is the (1) director of the Legislative Affairs Agency for employees of the agency; (2) legislative auditor for employees of the division of legislative audit; (3) legislative fiscal analyst for employees of the division of legislative finance; (4) ombudsman for employees of the Office of the Ombudsman. (d) This section does not apply to the personnel records of legislators or to the records of employees of the legislative branch who are not specifically included in (c) of this section. (e) Notwithstanding AS39.25.110, this section applies to personnel records of employees in the classified, partially exempt, and exempt services except as provided in (d) of this section. 1998-05-02 Senate Journal Page 3718 SB 358 (f) In this section, "division of finance" means that unit of the Department of Administration that is responsible for the financial records of the state." Senator Pearce moved for the adoption of Amendment No. 2. Without objection, Amendment No. 2 was adopted. SENATE BILL NO. 358 am was automatically in third reading. Senator Taylor moved that the bill be returned to second reading for the purpose of a specific amendment, that being Amendment No. 4. Without objection, the bill was returned to second reading. Senator Taylor offered Amendment No. 4 : Page 1, lines 4, 10, 11: Delete funds Insert resources Page 2, line 23, after section,: Insert (1) Page 2, line 24, after state;: Insert (2) resources means funds, facilities, equipment, goods, services, or other assets. Senator Taylor moved and asked unanimous consent for the adoption of Amendment No. 4. Without objection, Amendment No. 4 was adopted. SENATE BILL NO. 358 am was automatically in third reading. The question to be reconsidered: Shall SENATE BILL NO. 358 am An Act relating to the disclosure of certain personnel records that include information about the use of public resources pass the Senate? The roll was taken with the following result: 1998-05-02 Senate Journal Page 3719 SB 358 SB 358 am Third Reading - On Reconsideration YEAS: 18 NAYS: 0 EXCUSED: 0 ABSENT: 2 Yeas: Adams, Donley, Duncan, Ellis, Green, Kelly, Leman, Lincoln, Mackie, Miller, Parnell, Pearce, Phillips, Sharp, Taylor, Torgerson, Ward, Wilken Absent: Halford, Hoffman and so, SENATE BILL NO. 358 am passed the Senate on reconsideration. Senator Taylor moved and asked unanimous consent that the Senate rescind its previous action in passing SENATE BILL NO. 358 am on reconsideration. Without objection, the Senate rescinded its previous action. Senator Taylor moved that the bill be returned to second reading for the purpose of a specific amendment, that being Amendment No. 5. Without objection, the bill was returned to second reading. Senator Taylor offered Amendment No. 5 : Replace the word funds with the word resources wherever it appears in the bill. Senator Taylor moved and asked unanimous consent for the adoption of Amendment No. 5. Without objection, Amendment No. 5 was adopted. SENATE BILL NO. 358 am was automatically in third reading. The question to be reconsidered: Shall SENATE BILL NO. 358 am An Act relating to the disclosure of certain personnel records that include information about the use of public resources pass the Senate? The roll was taken with the following result: 1998-05-02 Senate Journal Page 3720 SB 358 SB 358 am Third Reading - On Reconsideration YEAS: 18 NAYS: 0 EXCUSED: 0 ABSENT: 2 Yeas: Adams, Donley, Duncan, Ellis, Green, Kelly, Leman, Lincoln, Mackie, Miller, Parnell, Pearce, Phillips, Sharp, Taylor, Torgerson, Ward, Wilken Absent: Halford, Hoffman and so, SENATE BILL NO. 358 am passed the Senate on reconsideration and was referred to the Secretary for engrossment. SB 358 SENATE BILL NO. 358 am An Act relating to the disclosure of certain personnel records that include information about the use of public resources was engrossed, signed by the President and Secretary and transmitted to the House for consideration.