Legislature(2007 - 2008)BELTZ 211
03/12/2007 01:30 PM Senate JUDICIARY
| Audio | Topic |
|---|---|
| Start | |
| SB13 | |
| SB64 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| += | SB 13 | TELECONFERENCED | |
| += | SB 64 | TELECONFERENCED | |
| + | TELECONFERENCED |
SB 13-BAN CONSULTING CONTRACTS WITH LEGISLATORS
1:36:25 PM
CHAIR FRENCH announced the consideration of SB 13. He
highlighted the two opinions from legal services addressing
aspects of SB 13 that were raised during the previous hearing.
The first order of business, he said, is to adopt Version \K
committee substitute (CS) as the working document.
SENATOR HUGGINS motioned to adopt CSSB 13(JUD), labeled 25-
LS0106\K, as the working document.
CHAIR FRENCH announced that without objection, Version \K CS is
before the committee. He recapped that the first question
centers on language in Section 1 and whether it would prohibit a
legislator from communicating with constituents by newsletter or
other means if the communication is paid for by private funds or
from a poet account. Basically, the opinion says no, but an
important footnote highlights that there are separate legal
restrictions on the management and use of poet funds that may
affect the publication of newsletters. Thus, the real issue is
the use of office account or public funds for those
communications.
The second question relates to the definition of "legislative
action" and "administrative action." The issue is whether the
prohibition on performing legislative action or administrative
action includes researching a bill. The example asked whether a
legislator/lawyer who researches a bill would be doing
legislative action and therefore subject to an ethics violation
claim. "The gist of the opinion is essentially no; that it
wouldn't be an Ethics Act violation," he stated.
1:40:01 PM
SENATOR McGUIRE referenced the question and asked if the 30-day
prohibition refers to a general election or a primary election.
CHAIR FRENCH replied he would take it to be either 30 days
before a primary election or 30 days before a general election.
SENATOR McGUIRE asked if "a state election" is clear enough.
CHAIR FRENCH said in his opinion it is clear, but he would defer
to the committee.
SENATOR McGUIRE asked if he is saying that it is 30 days before
the primary followed by a gap and then 30 days before the
general election.
CHAIR FRENCH replied this law reads that way.
1:41:46 PM
CHAIR FRENCH summarized an email he received from former Alaska
State Senator Drue Pearce expressing concern that the phrase
"and for one year thereafter" on page 7, line 13, would have
prohibited her from leaving state employment and going to work
for the federal government. That is not what we are intending,
he emphasized.
CHAIR FRENCH motioned to delete "and for one year thereafter"
from page 7, line 13.
SENATOR THERRIAULT recapped that former Senator Pearce is
serving as the federal pipeline coordinator for which there is
tremendous benefit to the State of Alaska. She wants to make
sure that changing jobs as she did would not be preempted in the
future.
CHAIR FRENCH said the global notion and the real idea behind
Section 6, which is the heart of the bill, is to keep
legislators from wearing two hats while in the legislature.
Taking that phrase out doesn't weaken the bill, he stated.
1:44:17 PM
SENATOR HUGGINS said although he doesn't disagree, he questions
the potential abuses. [Example was not audible.]
CHAIR FRENCH recapped the prohibitions against lobbying
immediately after leaving the legislature and voting to increase
a particular salary in anticipation of moving into that
position.
SENATOR THERRIAULT offered the view that the state has benefited
from former Senator Pearce's change in employment and it would
not be wise to strike the bill so tightly that the same thing
could not occur in the future.
1:46:18 PM
CHAIR FRENCH, finding no further discussion or objection,
announced that Amendment 1 is adopted.
CHAIR FRENCH reminded members that Section 6 is the idea behind
the original version of the bill. The rest of the provisions
stem from suggestions made by the Select Committee on
Legislative Ethics. He noted that Joyce Anderson and Brooke
Miles are available to answer questions.
1:47:18 PM
SENATOR McGUIRE suggested that it would be helpful if
legislators could reference a matrix showing the kinds of work
that can be done while in office and the kinds of work that can
be done one year after leaving office.
SENATOR THERRIAULT referenced Section 6 and asked hypothetically
if the Republican Party could pay him to be a campaign
coordinator in an upcoming election or would he be preempted
from taking the job for pay because it is political action.
CHAIR FRENCH said his glancing read of the statute is that it
would be problematic for a legislator to accept paid political
work outside the capitol.
SENATOR THERRIAULT agreed that "We shouldn't have the second
master for the same work that we're elected to do." But clearly,
he argued, the state is not paying me and the people did not
elect me to coordinate campaigns.
CHAIR FRENCH asked if there were other questions or comments on
Senator Therriault's observation.
SENATOR HUGGINS suggested the committee ask for an opinion.
SENATOR THERRIAULT questioned why "political action" is included
because the state doesn't pay legislators for political action.
SENATOR THERRIAULT stated for the record that the party has
never paid him to perform that function.
CHAIR FRENCH announced a brief at ease to look up the definition
of "political."
1:52:48 PM
CHAIR FRENCH read the following:
AS 24.60.990
(13) "political action" means conduct in which
public officials, including legislators or legislative
employees, use their official position or political
contacts to exercise influence on state and local
government employees or entities; it includes but is
not limited to endorsing and pledging support or
actively supporting a legislative matter, a nominee,
or a candidate for public office;
CHAIR FRENCH said getting paid to support a candidate, getting
paid as a political consultant, and getting paid to run a
campaign would be prohibited under this provision. "At some
level your concern suggests a limitation on a person's right to
earn a living outside the building." He stated his preference to
leave that in, but he would submit to the will of the committee.
SENATOR McGUIRE stated agreement with the chair, but she wanted
to make sure that "compensation" in that section means for
money.
1:55:12 PM at ease
1:55:48 PM
DAVID JONES, Assistant Attorney General, Department of Law, read
the following definition:
AS 24.60.990(a)
(4) "compensation" means remuneration for
personal services rendered, including salary, fees,
commissions, bonuses, and similar payments, but does
not include reimbursement for actual expenses incurred
by a person;
CHAIR FRENCH found no other areas of concern and asked for the
will of the committee.
1:56:48 PM
SENATOR McGUIRE motioned to report CSSB 13, Version \K, as
amended today, from committee with individual recommendations
and attached fiscal note(s).
CHAIR FRENCH, finding no objection, announced that CSSB 13(JUD)
moves from committee.
1:57:32 PM at ease
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