04/16/2014 09:30 AM Senate JUDICIARY

                        HB 127-OMBUDSMAN                                                                                    
                                                                                                                                
9:39:41 AM                                                                                                                    
CHAIR  COGHILL announced  the consideration  of HB  127. "An  Act                                                               
relating to  compensation of the  ombudsman and to  employment of                                                               
staff  by   the  ombudsman  under  personal   service  contracts;                                                               
relating  to  disclosure  by  an   agency  to  the  ombudsman  of                                                               
communications  subject  to  attorney-client and  attorney  work-                                                               
product privileges;  relating to  the privilege of  the ombudsman                                                               
not  to  testify  and  creating   a  privilege  under  which  the                                                               
ombudsman  is   not  required  to  disclose   certain  documents;                                                               
relating  to procedures  for procurement  by  the ombudsman;  and                                                               
amending Rules 501  and 503, Alaska Rules of  Evidence." He noted                                                               
the proposed amendment.                                                                                                         
                                                                                                                                
9:40:10 AM                                                                                                                    
SENATOR  WIELECHOWSKI moved  to  adopt Amendment  2, labeled  28-                                                               
LS0088\B.4.                                                                                                                     
                                                                                                                                
                          AMENDMENT 2                                                                                       
                                                                                                                                
     OFFERED IN THE SENATE         BY SENATOR WIELECHOWSKI                                                                      
          TO:  CSSB 127(JUD)                                                                                                    
                                                                                                                                
     Page 2, line 19, following "subsection":                                                                                   
        Insert "unless the communication is evidence of                                                                         
       an act of an agency that the ombudsman reasonably                                                                        
     believes is criminal."                                                                                                     
                                                                                                                                
CHAIR COGHILL objected for discussion purposes.                                                                                 
                                                                                                                                
SENATOR WIELECHOWSKI  discussed the work session  last evening to                                                               
craft the  amendment. The  phrase "contrary  to law"  was deleted                                                               
because the  ombudsman was  concerned that it  was too  broad and                                                               
could result in different agency  interpretations. The goal is to                                                               
have the ombudsman disclose criminal  conduct if it is discovered                                                               
in the course  of an investigation. He noted that  there was some                                                               
discussion  about adding  a provision  saying that  agencies must                                                               
disclose  attorney-client privileged  communications, but  it was                                                               
too  complicated to  include this  year. It  may be  pursued next                                                               
year.                                                                                                                           
                                                                                                                                
CHAIR COGHILL asked  Ms. Lord-Jenkins if she had  any comments on                                                               
the provision.                                                                                                                  
                                                                                                                                
9:42:32 AM                                                                                                                    
LINDA LORD-JENKINS,  Ombudsman, Office  of the  Ombudsman, Alaska                                                               
State Legislature,  Juneau, Alaska,  expressed more  comfort with                                                               
the  wording  in  this  amendment  than  the  "contrary  to  law"                                                               
wording.                                                                                                                        
                                                                                                                                
CHAIR COGHILL removed his objection and Amendment 2 was adopted.                                                                
                                                                                                                                
9:43:13 AM                                                                                                                    
SENATOR  MCGUIRE  moved  to  report  HB  127,  as  amended,  from                                                               
committee  with individual  recommendations  and attached  fiscal                                                               
note(s).                                                                                                                        
                                                                                                                                
CHAIR COGHILL announced that without  objection SCS CSHB 127(JUD)                                                               
was reported from the Senate Judiciary Standing Committee.