Legislature(2011 - 2012)CAPITOL 106
03/06/2012 08:00 AM House STATE AFFAIRS
| Audio | Topic |
|---|---|
| Start | |
| SB89 | |
| HJR38 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| += | SB 89 | TELECONFERENCED | |
| *+ | HJR 38 | TELECONFERENCED | |
| + | TELECONFERENCED |
SB 89-LEGISLATIVE ETHICS ACT
8:07:56 AM
VICE CHAIR KELLER announced that the first order of business was
CS FOR SENATE BILL NO. 89(JUD), "An Act clarifying that a
legislator or legislative employee is allowed to accept certain
compassionate gifts; allowing legislators and legislative
employees who are representing persons in an administrative
hearing to contact hearing officers and attempt to influence the
outcome of the hearing if they are professionals licensed in the
state, and allowing legislators and legislative employees who
are not professionals licensed in the state to contact hearing
officers for the purpose of influencing the outcome of the
hearing in certain instances; requiring the Select Committee on
Legislative Ethics to maintain a public record of certain ethics
disclosures made by legislators and legislative employees;
prohibiting a public member of the Select Committee on
Legislative Ethics from disclosing confidential information
without authorization; clarifying the ethics disclosure
requirements for tickets to or gifts in connection with charity
events; amending disclosure deadlines under the Legislative
Ethics Act; relating to requests to refrain from disclosure
under the Legislative Ethics Act; relating to the applicability
of certain provisions of the Legislative Ethics Act to certain
legislative employees, volunteers, and interns; establishing a
seat for an alternate public member on the Select Committee on
Legislative Ethics; clarifying the requirements related to
participation by alternate public members and alternate
legislative members in the proceedings of the committee;
amending the definition of 'legislative employee' in the
Legislative Ethics Act; and repealing a procedure for
appointment of alternate legislative members."
8:08:17 AM
RYNNIEVA MOSS, Staff, Senator John Coghill, Alaska State
Legislature, presented SB 89 on behalf of Senator Coghill,
sponsor.
8:10:03 AM
MS. MOSS directed attention to the sectional analysis, which
read as follows [original punctuation provided]:
Sec. 1. Replaces "lawful gratuity" with "gift" to make
section of law consistent with the usage of "gift".
Sec. 2. Bright line for legislators or staff being
actively involved in constituent problems with the
State. Once the issue is assigned to an administrative
hearing the involvement of the legislative office
ceases. Exceptions are included for lawyers and
provision for inadvertent exparte contact.
Sec. 3. Eliminates requirement of committee to compile
lists of financial disclosure statements. They must
only maintain public records and forward them to chief
clerk and senate secretary.
Sec. 4. Adds public members to statute prohibiting
disclosure of confidential information.
Sec. 5. Clarifies that a ticket to a charity event
from a lobbyist, or gifts received because of the
ticket from a lobbyist cannot exceed $250.
Sec. 6. Further describes "a contribution to a charity
event" by clarifying it could be a ticket to a charity
event or a gift in connection with a charity event.
Sec. 7. Extend the reporting period for gifts of
travel for the purpose of obtaining information on
legislative matters and disclosure of gifts from
charitable events from 30 days to 60 days.
Sec. 8. Allows for exceptions from disclosure under
the legislative ethics law if it would be in violation
of the state or federal constitution or state or
federal law. The State Affairs Committee added
language that includes exceptions for disclosures for
a rule, adopted formally by a trade or profession,
that state or federal law requires the person to
follow. A written request with justification must be
submitted to the committee.
Sec. 9. Requires anyone who is a volunteer or
educational trainee for more than 30 days to take the
ethics training. The 30 day guideline was added in
State Affairs.
Sec. 10. Adds cite for new section on Alternate
Members to statute describing the committee, its
structure and its duties.
Sec. 11. Adds cite for new section on Alternate
Members to statute describing the committee, its
structure and its duties.
Sec. 12. This is a new section describing the process
for appointing alternates. The section adds a new
provision that provides for the Chief Justice to
appoint an alternate public member.
Sec. 13. Adds legislative volunteers and educational
trainees who are in that capacity for more than 30
days to the statute requiring the Legislative ethics
course. The 30 day guideline was added in State
Affairs.
Sec. 14. Redefines legislative employee.
Sec. 15. Repeals old statute describing the process
for appointing alternates.
8:16:08 AM
MS. MOSS, in response to Representative P. Wilson, offered
clarification regarding Section 8.
8:17:17 AM
JOYCE ANDERSON, Administrator, Select Committee on Legislative
Ethics, referred to a possible amendment to AS 24.60.080(h)(2),
and expressed her hope that the proposed legislation would pass
on the House floor.
8:18:52 AM
VICE CHAIR KELLER closed public testimony.
8:19:05 AM
REPRESENTATIVE SEATON moved to adopt Amendment 1, labeled 27-
LS0452\R.2, Wayne, 3/2/12, which read as follows [original
punctuation provided]:
Page 5, following line 26:
Insert a new bill section read:
"* Sec. 3. AS 24.60.030 is amended by adding a new
subsection to read:
(j) In this section, "administrative hearing"
means a quasi-judicial hearing before an agency;
"administrative hearing" does not include an informal
conference or review held by an agency before a final
decision is issued or a rate-making proceeding or
other nonadjudicative public hearing."
Renumber the following bill sections accordingly.
VICE CHAIR KELLER objected for the purpose of discussion.
REPRESENTATIVE SEATON stated that the purpose of Amendment 1 is
to provide the definition of administrative hearing to [AS
24.60.030].
VICE CHAIR KELLER removed his objection. There being no further
objection, Amendment 1 was adopted.
8:20:16 AM
REPRESENTATIVE SEATON moved to adopt Amendment 2, labeled 27-
LS0452\R.3, Wayne, 3/2/12, which read as follows [original
punctuation provided]:
Page 10, line 24, through page 11, line 1:
Delete all material and insert:
"* Sec. 9. AS 24.60.112 is repealed and reenacted
to read:
Sec. 24.60.112. Applicability to legislative
interns. A legislative intern shall be considered to
be a legislative employee for purposes of compliance
with AS 24.60.030 - 24.60.039, 24.60.060, 24.60.080,
24.60.085, 24.60.155, 24.60.158 - 24.60.170,
24.60.176, and 24.60.178. If a person believes that a
legislative intern has violated the provisions of one
of those sections, the person may file a complaint
under AS 24.60.170. The provisions of AS 24.60.170
apply to the proceeding."
Page 13, lines 5 - 15:
Delete all material.
Renumber the following bill sections accordingly.
VICE CHAIR KELLER objected for the purpose of discussion.
REPRESENTATIVE SEATON said Amendment 2 removes volunteers and
uses the term "legislative intern", and makes the above listed
statutes pertain to the legislative interns. He said the intent
is to clarify that ethics courses must be taken by legislators,
legislative employees, and legislative interns.
8:22:41 AM
REPRESENTATIVE PETERSEN observed that the proposed Amendment 2
would also delete [Section 13], on page 13, lines 5-15, which
addresses the legislative ethics course, and he asked for an
explanation.
8:23:09 AM
MS. MOSS explained that [Section 13] proposed changes to [AS
24.60.155]; therefore, deleting the language would keep that
statute as it currently is.
8:23:41 AM
REPRESENTATIVE SEATON said that under Amendment 2, a legislative
intern would be considered to be a legislative employee and,
thus, would be required to take the ethics course.
8:24:17 AM
MS. ANDERSON, in response to Vice Chair Keller, said on-line
training is available for legislative employees who begin their
employment mid-session, and there is a checks and balances
system to ensure that is completed. In response to a follow-up
question, she said there have been no cases in which someone has
not completed the required ethics course.
VICE CHAIR KELLER said, "If I take on an intern, it seems to me
like ... it's my responsibility to ensure this happening."
REPRESENTATIVE SEATON responded that he thinks "we" ensure
accountability by seeing that the correct hiring process takes
place.
8:26:25 AM
REPRESENTATIVE P. WILSON said she likes [Amendment 2] the way it
is worded, because legislators are so busy that it is good to
have someone else following up to ensure rules are being
followed.
8:27:00 AM
VICE CHAIR KELLER removed his objection. There being no further
objection, Amendment 2 was adopted.
8:27:23 AM
MS. ANDERSON directed attention to AS 24.60.080(h), which read
as follows:
(h) A legislator, a legislative committee other
than the Select Committee on Legislative Ethics, or a
legislative agency may accept a gift of (1) volunteer
services for legislative purposes so long as the
person making the gift of services is not receiving
compensation from another source for the services, or
(2) the services of a trainee who is participating in
an educational program approved by the committee if
the services are used for legislative purposes. The
committee shall approve training under a program of
the University of Alaska and training under 29 U.S.C.
2801 - 2945 (Workforce Investment Act of 1998).
MS. ANDERSON asked the committee to consider changing the word
"trainee", in paragraph (2), to "legislative employee". In
response to Vice Chair Keller, she confirmed that this amendment
would be conceptual and result in language added to SB 89.
8:29:04 AM
REPRESENTATIVE SEATON moved to adopt Conceptual Amendment 3, as
follows:
In AS 24.60.080(h), paragraph (2):
delete "trainee"
insert "legislative employee"
REPRESENTATIVE PETERSEN asked if the language would be added as
Section 16.
VICE CHAIR KELLER said Amendment 3 is conceptual.
8:29:51 AM
MS. MOSS offered her understanding that the language would be
put in a new Section 8. She said, "It goes numerically."
8:30:07 AM
VICE CHAIR KELLER objected to Conceptual Amendment 3, and then
he withdrew his objection. There being no further objection,
Conceptual Amendment 3 was adopted.
8:30:48 AM
REPRESENTATIVE SEATON said he thinks the proposed bill, as
amended, offers clarification.
8:31:22 AM
REPRESENTATIVE SEATON moved to report CSSB 89(JUD), as amended,
out of committee with individual recommendations and the
accompanying fiscal notes. There being no objection, HCS CSSB
89(STA) was reported out of the House State Affairs Standing
Committee.
| Document Name | Date/Time | Subjects |
|---|---|---|
| 01 HJR038A.PDF |
HSTA 3/6/2012 8:00:00 AM |
HJR 38 |
| 02 HJR 38 Sponsor.pdf |
HSTA 3/6/2012 8:00:00 AM |
HJR 38 |
| 03 HJR 38 Consti Art V.pdf |
HSTA 3/6/2012 8:00:00 AM |
HJR 38 |
| 04 HJR 38 FED DEBT Hist.pdf |
HSTA 3/6/2012 8:00:00 AM |
HJR 38 |
| 05 HJR 38 Pres. budget Costs.pdf |
HSTA 3/6/2012 8:00:00 AM |
HJR 38 |
| 06 HJR 38 1982 Resolution.pdf |
HSTA 3/6/2012 8:00:00 AM |
HJR 38 |
| 07 HJR 38 1997 resolution.pdf |
HSTA 3/6/2012 8:00:00 AM |
HJR 38 |
| 08 HJR 38 LEG HSTA Zero Fiscal Note 3-1-12.pdf |
HSTA 3/6/2012 8:00:00 AM |
HJR 38 |