Legislature(2007 - 2008)CAPITOL 106

01/23/2007 08:00 AM House STATE AFFAIRS


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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
= HB 10 LEGISLATIVE DISCLOSURES/OUTSIDE INCOME
Heard & Held
*+ HB 20 CAMPAIGN FINANCE/LOBBYING/CONSULTING TELECONFERENCED
Heard & Held
HB  20-CAMPAIGN FINANCE/LOBBYING/CONSULTING                                                                                   
                                                                                                                                
[Contains brief mention of HB 10]                                                                                               
                                                                                                                                
9:24:14 AM                                                                                                                    
                                                                                                                                
CHAIR LYNN  announced that the  last order of business  was HOUSE                                                               
BILL  NO.  20,  "An  Act   relating  to  disclosure  of  campaign                                                               
contributions;  prohibiting  spouses  and  domestic  partners  of                                                               
legislators    and   legislative    employees   from    receiving                                                               
compensation  for  lobbying;   and  prohibiting  legislators  and                                                               
legislative  employees from  entering into  contracts to  provide                                                               
consulting services."                                                                                                           
                                                                                                                                
9:24:22 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE JOHN HARRIS,  Alaska State Legislature, testifying                                                               
as sponsor  of HB 20, noted  that over the years,  government has                                                               
been made more  and more complicated, and he  stated his position                                                               
that  the   legislature  should   make  serving   government  "as                                                               
convenient  and as  easy  for as  many people  in  this state  to                                                               
qualify  to be  a  legislator."   He  said former  Representative                                                               
Ethan Berkowitz commented that one  of the biggest ethical issues                                                               
in the  legislature is the  Constitutional Budget  Reserve (CBR).                                                               
Representative Harris said  probably 95 percent of  the people in                                                               
Alaska don't understand that it  requires a three-quarter vote of                                                               
the  legislature to  take  money  from the  CBR.    He said  vote                                                               
trading  occurs frequently  [relating to  control of  CBR votes].                                                               
Representative  Harris said  he thinks  that is  what the  public                                                               
does  not want,  but nevertheless  it  happens.   He asked,  "So,                                                               
should  we do  away with  the CBR?   The  public put  it in,  the                                                               
public  has  to  take  it  away."    He  stated  that  everything                                                               
previously   discussed  related   to  HB   10  would   "create  a                                                               
difficulty."  He suggested that  the way to simplify things would                                                               
be to take  away the ability of a legislature  to work outside of                                                               
the legislature  entirely.  The only  way that could be  done, he                                                               
related, is  to pay legislators  enough money so they  can afford                                                               
to serve.   Representative Harris said he is  not suggesting that                                                               
manner of  simplification, but  reiterated that  that is  what it                                                               
would take.   He said he doesn't disagree  with reporting income.                                                               
The focus,  he suggested, must  be, "How do  we make it  the very                                                               
best  to  get the  most  amount  of people  to  qualify  to be  a                                                               
legislator?"   He said he  thinks that's the question  the public                                                               
wants  asked.   Many people  don't want  their business  dealings                                                               
disclosed and, thus, won't run for office.                                                                                      
                                                                                                                                
REPRESENTATIVE HARRIS said  there are other options  of which the                                                               
public should be  aware.  For example, many  states have switched                                                               
to holding  shorter legislative  sessions, holding  session every                                                               
two years, or having a biannual budget.                                                                                         
                                                                                                                                
REPRESENTATIVE  HARRIS,  in response  to  a  question from  Chair                                                               
Lynn,  agreed  that  morality  cannot be  legislated.    He  said                                                               
guidelines can  be set so that  there is a penalty  for unethical                                                               
behavior.    He   explained  that  what  he   was  talking  about                                                               
previously is  the issue of compensation.   He said he  works for                                                               
salary  and he  did  not  work at  all  last  summer because  the                                                               
legislature is  on call  at the  behest of  the governor  and the                                                               
governor  had the  legislature "under  the threat  of a  call all                                                               
summer and all  fall."  He said he is  not complaining, but wants                                                               
to point  out that  not many  people in  the public  would endure                                                               
that.                                                                                                                           
                                                                                                                                
9:33:50 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE HARRIS  said he  asked the  governor if  she would                                                               
sponsor an ethics  bill, and he told the committee  that he would                                                               
be working closely to help move along such a bill.                                                                              
                                                                                                                                
9:34:48 AM                                                                                                                    
                                                                                                                                
CHAIR LYNN  said it  may be  better to  work with  the governor's                                                               
bill because "she certainly has  more horsepower than the rest of                                                               
us."  Notwithstanding that, he  recommended hearing all the other                                                               
ethics bills  that are  put across  the House  Floor in  order to                                                               
incorporate them into the governor's  bill.  He stated that there                                                               
are  laws  against   burglary  and  theft,  thus,   he  said  the                                                               
government legislates morality all the time with civil law.                                                                     
                                                                                                                                
REPRESENTATIVE HARRIS said he is  not arguing that guidelines are                                                               
bad;  he is  just pointing  out that  having laws  does not  make                                                               
people better and will not  prevent people from choosing to break                                                               
the law.                                                                                                                        
                                                                                                                                
REPRESENTATIVE HARRIS  spoke of the effect  one person's breaking                                                               
the law  has on the  rest of the  group to which  he/she belongs.                                                               
He  said it  is a  very  uncomfortable feeling  to be  associated                                                               
through  the  public  eye  with   a  member  or  members  of  the                                                               
legislature  who  may  not  be  ethical.    He  stated  that  the                                                               
legislature sets the guidelines for ethical behavior.                                                                           
                                                                                                                                
9:39:07 AM                                                                                                                    
                                                                                                                                
CHAIR LYNN talked  about the complexity of the issue  and said he                                                               
thinks most everyone is an  honest, hard-working, ethical person,                                                               
doing the  best he/she can.   He said the legislature  deals with                                                               
controversial issues and "nothing is simple."                                                                                   
                                                                                                                                
9:40:05 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE   HARRIS,   in   response  to   a   comment   from                                                               
Representative  Gruenberg, said  as of  yesterday the  governor's                                                               
bill will not be limited to administrative ethics.                                                                              
                                                                                                                                
REPRESENTATIVE GRUENBERG responded  by emphasizing the importance                                                               
of including  the minority  party in  discussions related  to all                                                               
ethics bills.   He stated  that to  have real credibility,  HB 20                                                               
should have  the support of  the Democrats, the  Republicans, the                                                               
governor,  and the  press.   If  an  ethics bill  is  seen to  be                                                               
partisan  or  advancing  a  hidden agenda  not  in  the  public's                                                               
interest,  then  "the  entire   public  servant  profession  will                                                               
receive the black eye ...."                                                                                                     
                                                                                                                                
REPRESENTATIVE  HARRIS  concurred with  Representative  Gruenberg                                                               
and said he thinks the  governor, although a Republican, wants to                                                               
be  inclusive of  all parties.   He  said he  would ask  that the                                                               
governor make certain she include everyone in the discussion.                                                                   
                                                                                                                                
CHAIR LYNN  said, "Really,  the bill should  be sponsored  by our                                                               
constituents; it's what it's all about."                                                                                        
                                                                                                                                
REPRESENTATIVE  HARRIS said  the consultant  hired to  present an                                                               
ethics seminar last  week to the legislators  and staff mentioned                                                               
the  fact that  it is  always the  group in  power that  will get                                                               
nailed with the ethics complaints,  because that group makes more                                                               
of the  decisions.   Trying to  impose [blame]  is a  mistake, he                                                               
indicated.  He gave Representative  Gruenberg his word that "this                                                               
will not be a partisan issue ...."                                                                                              
                                                                                                                                
9:45:27 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  HARRIS stated  that  HB 20  is  important to  the                                                               
social and ethical  climate of the legislature,  and he expressed                                                               
his appreciation  for the committee's  hearing the bill  early in                                                               
the session.                                                                                                                    
                                                                                                                                
TOM  WRIGHT, House  Majority  Office,  Alaska State  Legislature,                                                               
testifying on behalf of the  House Majority Office, noted that HB
20 was  written with  broad language  intentionally to  allow for                                                               
the anticipated discussion of the issues addressed in the bill.                                                                 
                                                                                                                                
[HB 20 was heard and held.]                                                                                                     

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