Legislature(2007 - 2008)BELTZ 211

02/01/2007 09:00 AM Senate STATE AFFAIRS


Download Mp3. <- Right click and save file as

* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
-- Rescheduled from 01/30/07 --
+ Bills Previously Heard/Scheduled TELECONFERENCED
+= SB 36 SENTENCING FOR ALCOHOL-RELATED CRIMES TELECONFERENCED
Scheduled But Not Heard
+= SB 45 PEACE OFFICER CONVICTED OF MURDER TELECONFERENCED
Moved CSSB 45(STA) Out of Committee
+= SB 19 EXEC. BRANCH ETHICS:INTERESTS & ACTIONS TELECONFERENCED
Moved CSSB 19(STA) Out of Committee
+= SB 20 LEGISLATIVE DISCLOSURES TELECONFERENCED
Moved CSSB 20(STA) Out of Committee
         SB  19-EXEC. BRANCH ETHICS:INTERESTS & ACTIONS                                                                       
                                                                                                                                
CHAIR MCGUIRE  announced SB  19 to be  up for  consideration. The                                                               
committee was working from CSSB 19(JUD).                                                                                        
                                                                                                                                
9:07:14 AM                                                                                                                    
DAVE JONES,  Senior Assistant  Attorney General,  Civil Division,                                                               
Opinions, Appeals,  and Ethics, Department of  Law, said everyone                                                               
is after the  same goal of improving the  executive branch ethics                                                               
act  and  other  disclosure  and  ethics  requirements.  He  said                                                               
Governor Palin  has introduced  a bill,  HB 109,  which addresses                                                               
the same  issue in Section 8.  He said the governor's  bill deals                                                               
strictly with a  $5,000 standard and doesn't  have the percentage                                                               
requirement  for  interest in  a  business  as does  the  amended                                                               
version  of  SB19. He  said  the  issue  came  up in  the  Senate                                                               
Judiciary Standing Committee.                                                                                                   
                                                                                                                                
9:08:37 AM                                                                                                                    
SENATOR FRENCH asked what lines he is referring to.                                                                             
                                                                                                                                
CHAIR MCGUIRE passed around the governor's bill, SB 64.                                                                         
                                                                                                                                
MR. JONES said he is referring to  SB 19, pages 1 and 2, lines 12                                                               
to 20.                                                                                                                          
                                                                                                                                
CHAIR  MCGUIRE surmised  that  Mr. Jones  wants  a simple  dollar                                                               
figure rather than a percentage limit.                                                                                          
                                                                                                                                
9:09:54 AM                                                                                                                    
MR. JONES said  the lines in SB 19 that  refer to percentages are                                                               
lines 8, 11, and 12 on page 2.                                                                                                  
                                                                                                                                
CHAIR MCGUIRE  said members of the  judiciary committee expressed                                                               
concern about having only a dollar  amount, and she asked why the                                                               
administration prefers not to use a percentage standard.                                                                        
                                                                                                                                
MR. JONES  said a dollar amount  is enough to consider  whether a                                                               
public  officer's interest  is  significant.  Using a  percentage                                                               
standard, "we could  have one percent of a  $1,000 venture, which                                                               
would be  a $10 interest, and  I'm not sure that's  going to help                                                               
us in getting toward the  ultimate goal." One of the consequences                                                               
of  the  amendment  is that  on  lines  5  and  6 of  page  2,  a                                                               
controlling  interest  in  a business  is  disqualifying  if  the                                                               
controlling interest has  a fair market value of  $5,000 or more,                                                               
he said. But  on lines 8, 9,  11, and 12, a  one percent interest                                                               
in a  business, whether the value  is $1 or $1  million, would be                                                               
disqualified. He said a person  could be disqualified under those                                                               
lines, but  under lines 5 and  6, a person would  be disqualified                                                               
by only a controlling interest of $5,000 or more.                                                                               
                                                                                                                                
9:12:42 AM                                                                                                                    
SENATOR FRENCH  said the point  is well  taken and asked  for the                                                               
historical reason for the percentage standard in the bill.                                                                      
                                                                                                                                
MR.  JONES said  he can  only speculate.  Some folks  may believe                                                               
that a  one percent interest  is easier to measure  because there                                                               
may be times  when it is difficult to assess  the dollar value of                                                               
an interest. But,  Mr. Jones said, it may be  even more difficult                                                               
to determine the percentage value,  especially for various values                                                               
and types of stock and stock options.                                                                                           
                                                                                                                                
9:14:29 AM                                                                                                                    
CHAIR  MCGUIRE recalled  Representative  Gara's point  that in  a                                                               
high  value stock,  like  Exxon Mobile,  a  one percent  interest                                                               
would  be  worth  well  more  than  $5,000.  She  noted  that  an                                                               
either/or provision works because  sometimes the percentage value                                                               
gives more information than the dollar figure.                                                                                  
                                                                                                                                
SENATOR STEVENS  asked if the value  is the current value  or the                                                               
value at the time of purchase.                                                                                                  
                                                                                                                                
MR. JONES  said current value  is used because that  is relevant,                                                               
and that is how the public would perceive it.                                                                                   
                                                                                                                                
9:15:50 AM                                                                                                                    
SENATOR  STEVENS said  it would  be easier  to figure  the dollar                                                               
value.                                                                                                                          
                                                                                                                                
SENATOR BUNDE said he is  supportive of the public being informed                                                               
and aware of potential conflicts.  He suggested that the vagaries                                                               
of the  stock market  can make a  person could go  in and  out of                                                               
compliance as the value of the stock changes.                                                                                   
                                                                                                                                
9:16:42 AM                                                                                                                    
MR. JONES  said that is certainly  possible, and it is  also true                                                               
for a percentage of ownership when shares are sold or issued.                                                                   
                                                                                                                                
SENATOR BUNDE  asked about dealing  in futures, which  could vary                                                               
more than  $5000 over  a period of  24 hours. He  said he  is not                                                               
dealing in  those and doubts that  it would apply to  him, but he                                                               
expressed  concern for  people who  fall into  inadvertent ethics                                                               
violations.                                                                                                                     
                                                                                                                                
SENATOR  FRENCH  said  owning one  percent  of  an  insignificant                                                               
company  may  not be  realist.  How  many small  companies  issue                                                               
stock,  "and how  many executive  branch  employees actually  own                                                               
shares in  a company  that is basically  valueless and  then take                                                               
action  respecting   that  business?"  Conversely,  there   is  a                                                               
likelihood of owning one percent of  a local real estate LLC or a                                                               
local tourism  or restaurant  business. He  said all  would agree                                                               
that  a person  should not  take official  action affecting  that                                                               
investment while in  state office. Mr. Jones' point  is good, but                                                               
having both [percentage and dollar standard] will "capture it."                                                                 
                                                                                                                                
9:19:16 AM                                                                                                                    
MR. JONES said the  provision is in SB 64 on page  6, lines 24 to                                                               
26. He continued:                                                                                                               
                                                                                                                                
     What we propose, there, is  a presumption that stock or                                                                    
     other ownership interest is  insignificant if it's less                                                                    
     than $5,000  in value.  The advantage of  a presumption                                                                    
     is that  it deals  with both  those situations  where a                                                                    
     business  interest  really  is  significant  and  those                                                                    
     situations  where,  even  though   the  value  of  that                                                                    
     interest  may  currently  be   less  than  $5,000,  the                                                                    
     official  action that  the officer  is  taking has  the                                                                    
     potential  to   really  increase  the  value   of  that                                                                    
     interest. For example, if I  have a $4,000 interest and                                                                    
     I can take action that  will increase the value of that                                                                    
     interest to $40,000, this  presumption allows us, under                                                                    
     the ethics  act, to address  that situation  by saying:                                                                    
     OK,  even though  it's under  $5,000 now,  because this                                                                    
     would  stand to  benefit you  so dramatically,  you may                                                                    
     not,  consistent with  the  ethics  act, take  official                                                                    
     action on that matter.                                                                                                     
                                                                                                                                
CHAIR  MCGUIRE asked  how that  would play  out. If  there is  no                                                               
disclosure, how would it be found out?                                                                                          
                                                                                                                                
9:21:19 AM                                                                                                                    
MR.  JONES said  it would  be the  same process  as is  currently                                                               
followed, including self-reporting and reporting by others.                                                                     
                                                                                                                                
9:21:40 AM                                                                                                                    
CHAIR MCGUIRE  closed testimony and offered  Amendment 1, labeled                                                               
25-LS0160\K.2, Wayne, as follows:                                                                                               
                                                                                                                                
     Page 1, line 2, following "interest;":                                                                                   
          Insert "prohibiting certain  persons from engaging                                                                  
     in activity as lobbyists;"                                                                                               
                                                                                                                                
     Page 2, following line 20:                                                                                                 
          Insert a new bill section to read:                                                                                    
        "* Sec. 2. AS 39.52.180(d) is amended to read:                                                                      
               (d)  A former governor, lieutenant governor,                                                                     
          [OR]   head  or   deputy  head   of  a   principal                                                                
          department  in the  executive branch,  chair of  a                                                                
          state board or commission  which has the authority                                                                
          to adopt  regulations, or  employee of  the Office                                                                
          of the  Governor in  a policy-making  position may                                                                
          not  engage  in  activity   as  a  lobbyist  under                                                                    
          AS 24.45 for  a period  of one year  after leaving                                                                    
          service  as  the  governor,  lieutenant  governor,                                                                    
          [OR] department  head or deputy  head, chair  of a                                                                
          state board or commission  which has the authority                                                                
          to adopt  regulations, or  employee of  the Office                                                                
          of the  Governor in  a policy-making  position, as                                                                
          appropriate.  This  subsection does  not  prohibit                                                                    
          service  as  a  volunteer  lobbyist  described  in                                                                    
          AS 24.45.161(a)(1) or  a representational lobbyist                                                                    
          as defined under regulations  of the Alaska Public                                                                    
          Offices Commission."                                                                                                  
                                                                                                                                
     Renumber the following bill section accordingly.                                                                           
                                                                                                                                
     Page 2, following line 26:                                                                                                 
     Insert a new bill section to read:                                                                                         
         "* Sec. 4. The uncodified law of the State of                                                                      
     Alaska is amended by adding a new section to read:                                                                         
          APPLICABILITY. Section 2 of  this Act applies to a                                                                    
        person who leaves state service on or after the                                                                         
     effective date of sec. 2 of this Act."                                                                                     
                                                                                                                                
SENATOR FRENCH objected.                                                                                                        
                                                                                                                                
CHAIR MCGUIRE  said Amendment 1  would prohibit  "certain persons                                                               
from engaging  in activities as  lobbyists." It expands  that law                                                               
to apply to  a deputy head, "and that's come  from Governor Palin                                                               
herself." A deputy head can be  fairly high up in negotiations on                                                               
certain issues,  so it is  not a  bad provision, she  stated. She                                                               
said she  is expanding it  to include  chairs of state  boards or                                                               
commissions that  have the authority  to adopt regulations  or to                                                               
an  employee  of  the  office  of  governor  in  a  policy-making                                                               
position. She  noted an  incident six  years ago  surrounding the                                                               
Regulatory  Commission  of  Alaska  (RCA)  when  the  chair  went                                                               
immediately into the  private sector as a highly paid  CEO of one                                                               
of the phone companies. "It rubbed  a lot of people wrong, again,                                                               
it's the  appearance of it.  I'm not here to  say it was  real or                                                               
not, but  it was the  appearance of  it that bothered  people." A                                                               
chair of a  regulatory authority may even have more  power than a                                                               
lieutenant governor or a deputy head, she stated.                                                                               
                                                                                                                                
9:24:12 AM                                                                                                                    
SENATOR STEVENS asked who would be covered.                                                                                     
                                                                                                                                
CHAIR MCGUIRE said she could get  a list, but it is narrowed down                                                               
so not all boards and  commissions are included. Hairdressers and                                                               
barbers  would not  be included,  but  only those  that have  the                                                               
authority  to adopt  regulations, including  the RCA.  She wasn't                                                               
sure about the railroad.                                                                                                        
                                                                                                                                
9:24:55 AM                                                                                                                    
DAN  WAYNE,   Attorney,  Legal  Services   Division,  Legislative                                                               
Affairs Agency, said he has been  looking at who has the power to                                                               
adopt  regulations.  He  said many  boards  and  commissions  do,                                                               
including those  of limited entry, real  estate, fisheries, game,                                                               
psychologists  and psychological  associates,  and examiners.  He                                                               
learned that some directors have  the power to adopt regulations,                                                               
like  the director  of  the  insurance division.  He  said he  is                                                               
trying  to figure  out a  way to  exclude commissions  and boards                                                               
that mainly perform licensing functions.                                                                                        
                                                                                                                                
9:26:17 AM                                                                                                                    
SENATOR   FRENCH   asked  if   the   amendment   would  fix   the                                                               
aforementioned scenario with the RCA.                                                                                           
                                                                                                                                
SENATOR GREEN  said the person went  to work for someone  she had                                                               
previously regulated.                                                                                                           
                                                                                                                                
SENATOR FRENCH noted that Amendment 1 only prohibits lobbying.                                                                  
                                                                                                                                
9:27:24 AM                                                                                                                    
CHAIR  MCGUIRE  said  the language  covers  lobbying,  which  can                                                               
include  lobbying  the  board  that  regulates  the  industry.  A                                                               
telephone company would lobby the RCA, she explained.                                                                           
                                                                                                                                
SENATOR STEVENS  said it  goes back to  the issue  of definition.                                                               
Someone who serves the on the  Board of Fish might not be allowed                                                               
to  work  for  a  fishing  company, he  said.  He  cautioned  the                                                               
committee  about  denying  legitimate  opportunities  to  make  a                                                               
living.                                                                                                                         
                                                                                                                                
9:29:25 AM                                                                                                                    
SENATOR  BUNDE  said  this  is not  a  lifetime  prohibition;  it                                                               
requires someone  to sit  out for  one year,  and that  may allow                                                               
some of those close personal  relationships to cool. A year isn't                                                               
that long for a person with talent and experience.                                                                              
                                                                                                                                
9:30:02 AM                                                                                                                    
SENATOR  GREEN referred  to the  Agriculture Conservation  Board.                                                               
She  was  told  that  the   legislature  could  not  approve  the                                                               
governor's    appointments    because    of    their    fiduciary                                                               
responsibility.  There is  another  level of  boards that  adopts                                                               
regulations and has control over money, she noted.                                                                              
                                                                                                                                
CHAIR MCGUIRE  said there is  a broader discussion as  to whether                                                               
working for a company is allowed,  but the amendment says a chair                                                               
with significant power  can't engage as a lobbyist  for one year.                                                               
People will  still be  able to  go work  for a  fisheries company                                                               
after serving  on the  Board of  Fish, but they  just can't  be a                                                               
lobbyist to  lobby the very board  they just chaired in  a policy                                                               
role for one year. "You don't  want to have a situation where the                                                               
appearance or reality  is that somebody is using that  year as an                                                               
opportunity   to   curry   favor  to   steer   regulating-writing                                                               
authority,  decision making  or  negotiations in  a direction  of                                                               
somebody who they will ultimately benefit from privately."                                                                      
                                                                                                                                
9:32:57 AM                                                                                                                    
SENATOR STEVENS asked why the  language should stop at the chair,                                                               
and not  the members, like the  members of the Board  of Regents.                                                               
They all have enormous power, he stated.                                                                                        
                                                                                                                                
MR. WAYNE  said the rest  of AS39.52.180  doesn't show up  in the                                                               
bill, but it says that a  public officer who leaves state service                                                               
may not represent  or advise for compensation  regarding a matter                                                               
that was  under consideration by  the administrative  unit served                                                               
by  that public  officer for  two years.  He said  that seems  to                                                               
address  the person  who  left  the RCA  to  work  for a  utility                                                               
company. "Although it  doesn't talk about lobbying,"  he said. He                                                               
stated  that  he  doesn't  know why  the  amendment  language  is                                                               
limited  to the  heads  of  the boards.  In  response to  Senator                                                               
Green, he said  he thinks the language could say  that boards and                                                               
commissions that fall  under AS 08.01.010 would  be excluded from                                                               
the  provision,  because  that  is  a  chapter  that  deals  with                                                               
centralized  licensing. It  doesn't include  things like  limited                                                               
entry,  fisheries,  and the  regulatory  board.  But it  includes                                                               
licensing  boards, like  nursing, pharmacy,  big game  commercial                                                               
services, dental services, "and things of that nature."                                                                         
                                                                                                                                
CHAIR  MCGUIRE  said  that  is   the  chapter  under  centralized                                                               
licensing.                                                                                                                      
                                                                                                                                
9:36:18 AM                                                                                                                    
SENATOR STEVENS  asked if Mr.  Jones is  saying that a  member of                                                               
the RCA would have less opportunity for mischief than the chair.                                                                
                                                                                                                                
MR. WAYNE  said he is  not saying  that, but obviously  the chair                                                               
has  a  different type  of  authority  and  some  may say  it  is                                                               
greater. But  other members,  including a  person with  the swing                                                               
vote, can have tremendous power.                                                                                                
                                                                                                                                
9:37:13 AM                                                                                                                    
CHAIR  MCGUIRE offered  an  amendment to  Amendment  1 that  will                                                               
"exempt  those  boards  and commissions  under  AS  08.01.010  in                                                               
centralized  licensing."  She  said  that  includes  boards  like                                                               
veterinarian  examiners,  concert  promoters, and  midwives.  She                                                               
said, "So I'll  do it as a conforming amendment  and give you the                                                               
latitude to  put it where  you think is appropriate."  Hearing no                                                               
objection, Amendment 1 to Amendment 1 carried.                                                                                  
                                                                                                                                
SENATOR FRENCH  offered a  second amendment  to Amendment  1. "It                                                               
looks as  if we're capturing  the governor,  lieutenant governor,                                                               
commissioners, now deputy commissioners."   He said he would like                                                               
to add division  directors because many of  them, particularly in                                                               
oil and  gas, the Department  of Environmental  Conservation, and                                                               
with tax or revenue duties  "just carry enormous amounts of power                                                               
over  industries that  they're regulating  and to  let them  turn                                                               
around and  come back as  lobbyists immediately, I  think strikes                                                               
many folks as  being a little too close." The  person may be able                                                               
to get  a job in private  industry using knowledge gained  in the                                                               
public, but  to come back  in the halls  and lobby a  month later                                                               
"is a little too close," he explained.                                                                                          
                                                                                                                                
9:39:30 AM                                                                                                                    
CHAIR  MCGUIRE  saw  no  objection,   therefore  Amendment  2  to                                                               
Amendment 1 carried.                                                                                                            
                                                                                                                                
SENATOR  STEVENS  maintained his  objection  to  Amendment 1,  as                                                               
amended.                                                                                                                        
                                                                                                                                
SENATOR GREEN  said executive directors  of boards "are  far more                                                               
powerful than  the chair."  The executive  director sets  out the                                                               
agenda and determines what is on the calendar.                                                                                  
                                                                                                                                
CHAIR MCGUIRE  said it is up  to the committee, but  perhaps that                                                               
should be another  amendment after Amendment 1. A  roll call vote                                                               
was  taken  on  Amendment  1.   Senators  French,  Green,  Bunde,                                                               
Stevens,  and  Chair  McGuire  all  voted  in  favor;  therefore,                                                               
Amendment 1, as amended, carried.                                                                                               
                                                                                                                                
9:41:23 AM                                                                                                                    
CHAIR MCGUIRE  asked if the  executive directors of  these boards                                                               
and commissions should be included in the legislation.                                                                          
                                                                                                                                
SENATOR  FRENCH said  he  needs more  information  about who  the                                                               
individuals are and if they are state employees.                                                                                
                                                                                                                                
CHAIR MCGUIRE asked if there is any statutory reference to that.                                                                
                                                                                                                                
MR. WAYNE said he is looking it up.                                                                                             
                                                                                                                                
SENATOR  GREEN said  executive directors  are generally  hired by                                                               
the boards.                                                                                                                     
                                                                                                                                
9:42:48 AM                                                                                                                    
CHAIR MCGUIRE asked if all boards get an executive director.                                                                    
                                                                                                                                
SENATOR GREEN said  she didn't know but some  are handled through                                                               
the division  and many  have a  single executive  director. "This                                                               
may be going way deeper than  we want to go, particularly without                                                               
testimony," she noted.                                                                                                          
                                                                                                                                
CHAIR MCGUIRE said the bill  goes to the Senate Finance Committee                                                               
and the issue  could be explored prior to that  hearing. It would                                                               
give Mr. Wayne time to consider it as well.                                                                                     
                                                                                                                                
SENATOR  FRENCH moved  SB  19, as  amended,  from committee  with                                                               
individual recommendations  and accompanying fiscal  notes. There                                                               
being no objection, CSSB 19(STA) moved out of committee.                                                                        
                                                                                                                                

Document Name Date/Time Subjects