Legislature(2011 - 2012)CAPITOL 106

03/06/2012 08:00 AM House STATE AFFAIRS


Download Mp3. <- Right click and save file as

* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+= SB 89 LEGISLATIVE ETHICS ACT TELECONFERENCED
Moved HCS CSSB 89(STA) Out of Committee
*+ HJR 38 US CONST AM: FEDERAL DEBT LIMIT TELECONFERENCED
Heard & Held
+ Bills Previously Heard/Scheduled 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