Legislature(2007 - 2008)BELTZ 211
01/22/2007 01:30 PM Senate JUDICIARY
| Audio | Topic |
|---|---|
| Start | |
| SB19 | |
| SB20 | |
| SB13 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| *+ | SB 19 | TELECONFERENCED | |
| *+ | SB 20 | TELECONFERENCED | |
| *+ | SB 13 | TELECONFERENCED | |
SB 20-LEGISLATIVE DISCLOSURES
2:02:40 PM
CHAIR HOLLIS FRENCH announced SB 20 to be up for consideration
and read the following sponsor statement into the record:
SB 20 is a simple bill designed to clarify Alaska
Public Offices Commission (APOC) reporting
requirements for legislators and other public
officials.
Under the current legislative ethics code a public
official must disclose the nature of any work
performed as personal services for which compensation
greater than $1,000 is received. SB 20 simply adds
language to the existing statute to require the filer
to provide a substantive description of what was done
for the contract, as well as the approximate number of
hours spent.
The public has repeatedly appealed for more
substantive disclosures, and SB 20 provides the
increased degree of openness they are calling for.
This will assure the public that the compensation
public officials receive for outside work does not
conflict in any way with their public duties, without
unduly burdening citizen legislators who perform
legitimate duties outside of the public realm.
The clarification the bill provides will also help
APOC fulfill its mission of encouraging the public's
confidence in their elected and appointed officials.
CHAIR FRENCH related that on page 2, lines 3 and 4 add dividend
income received from a limited liability company to the types of
income that must be reported. Also page 2, lines 6 through 9 add
the requirement that the services performed must be described
such that a person of ordinary understanding is able to grasp
what was done, outside the Legislature, in exchange for the
money that was received. Page 2, lines 10 and 11 require
reporting the number of hours spent performing the service. That
way the public is able to cross-reference and thereby decide
whether the remuneration is market based. Finally, page 2, line
12 outlines that the amount of income received from the source
must be disclosed if the recipient is a legislator or a
legislative director.
Section 2 adds a definition for "professional license" to mean
one that is required for a profession regulated by a state or
the federal government. Lists of such professions are published
and readily available.
Basically, the disclosure is increased so that anyone who reads
the statement is able to determine what the legislator is doing
in exchange for the money that he or she is receiving outside
the Legislature.
CHAIR FRENCH recognized Brooke Miles and noted that she was
available to answer questions.
2:05:20 PM
BROOKE MILES, Executive Director, Alaska Public Offices
Commission (APOC), said she did not have anything to add to the
bill overview and reminded members that it is not the
commission's policy to support or oppose legislative changes.
However, everyone appreciates when there is an effort to codify
clarification to existing language that has been difficult to
interpret. This measure does just that, she said.
Section 1 makes it clear that dividend income from a limited
liability company must be reported on the legislative financial
disclosure statement. It also clarifies that when a legislator
or a legislative director receives income from a professional
service, a detailed description of the services must be
provided. She noted the zero fiscal note and said the measure
would make it easier for APOC administer.
2:07:01 PM
CHAIR FRENCH said he had two questions. First, he questioned
whether it might be useful to set a threshold, such as $1,000,
for disclosing dividend income from a limited liability company.
MS. MILES said she presumed the threshold would be $1,000 since
Alaska voters established the $1,000 threshold for legislative
disclosure in the 2006 primary.
CHAIR FRENCH said he would prepare an amendment to address that
point.
He asked Ms. Miles to explain the "unless clause" on page 2,
lines 8 and 9 that provides an exception if the services require
issuance of a state or federal professional license.
MS. MILES related that some services, such as analyst or
consultant, are broadly defined and the idea is to make more
information available to the public in those broader areas of
self employment. The intent is not to add requirements for
professions that already report payments in excess of $1,000.
CHAIR FRENCH summarized that if the work that is done is
pursuant to a state license, then no further description of the
services provided is necessary. However, if the services fall in
the broader realm of consultant, advisor, or analyst, then there
is need for a more complete description of what is done for the
money.
MS. MILES agreed.
2:10:44 PM
SENATOR GENE THERRIAULT asked Ms. Miles to comment on the fact
that on page 2, paragraphs (2)(A),(B), and (C) disclose the
basic information, but do nothing to address whether or not the
compensation is outrageous.
MS. MILES agreed that the bill does not place control on that
issue, but a section of the legislative ethics laws speaks to
employment being commensurate to the amount paid. APOC has the
disclosure and provides the information for the public so the
hours that are reported would provide a useful tool to the
Legislative Ethics Committee in the event that a complaint is
filed. She advised that Joyce Anderson could better address that
question.
SENATOR THERRIAULT said understanding how this section works
with the other section may satisfy that concern, but the public
might still find the disclosed information upsetting.
CHAIR FRENCH closed public testimony and announced he would hold
SB 20 until Wednesday. He noted that he would prepare an
amendment to page 2, lines 3 and 4 and Senator Therriault might
offer one as well.
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