Legislature(2007 - 2008)BELTZ 211
04/09/2008 09:00 AM Senate STATE AFFAIRS
| Audio | Topic |
|---|---|
| Start | |
| HB305 | |
| HB366 | |
| HB368 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| += | HB 368 | TELECONFERENCED | |
| += | HB 305 | TELECONFERENCED | |
| + | HB 366 | TELECONFERENCED | |
| + | TELECONFERENCED |
HB 368-ETHICS: LEGISLATIVE & GOV/LT GOV
10:37:32 AM
CHAIR MCGUIRE announced the consideration of HB 368. [Before the
committee was CSHB 368(FIN)am.]
She moved to adopt Amendment 1, labeled 25-LS1326\N.A, as
follows:
Page 1-2:
Delete: Section 1 and Section 2
CHAIR MCGUIRE explained that Amendment 1 simply deletes the same
language that is in HB 305 that just passed out of committee.
There being no objection, Amendment 1 carried.
CHAIR MCGUIRE moved to adopt Amendment 2, labeled 25-
LS1326\NA.1, Wayne, as follows:
Page 1, line 7, following "Act":
Insert "; amending prohibitions in the Regulation of
Lobbying Act and the Legislative Ethics Act on gifts to, or
receipt of gifts by, a person who is subject to the Legislative
Ethics Act"
Page 1, following line 8:
Insert a new bill section to read:
"* Section 1. AS 24.45.121(a) is amended to read:
(a) A lobbyist may not
(1) engage in any activity as a lobbyist before
registering under AS 24.45.041;
(2) do anything with the intent of placing a
public official under personal obligation to the lobbyist
or to the lobbyist's employer;
(3) intentionally deceive or attempt to deceive
any public official with regard to any material fact
pertinent to pending or proposed legislative or
administrative action;
(4) cause or influence the introduction of a
legislative measure solely for the purpose of thereafter
being employed to secure its passage or its defeat;
(5) cause a communication to be sent to a public
official in the name of any fictitious person or in the
name of any real person, except with the consent of that
person;
(6) accept or agree to accept any payment in any
way contingent upon the defeat, enactment, or outcome of
any proposed legislative or administrative action;
(7) serve as a member of a state board or
commission, if the lobbyist's employer may receive direct
economic benefit from a decision of that board or
commission;
(8) serve as a campaign manager or director,
serve as a campaign treasurer or deputy campaign treasurer
on a finance or fund-raising committee, host a fund-raising
event, directly or indirectly collect contributions for, or
deliver contributions to, a candidate, or otherwise engage
in the fund-raising activity of a legislative campaign or
campaign for governor or lieutenant governor if the
lobbyist has registered, or is required to register, as a
lobbyist under this chapter, during the calendar year; this
paragraph does not apply to a representational lobbyist as
defined in the regulations of the Alaska Public Offices
Commission, and does not prohibit a lobbyist from making
personal contributions to a candidate as authorized by
AS 15.13 or personally advocating on behalf of a candidate;
(9) offer, solicit, initiate, facilitate, or
provide to or on behalf of a person covered by AS 24.60 a
gift connected with the person's legislative status, other
than food or beverage for immediate consumption or a
compassionate gift under AS 24.60.075; however, this
paragraph does not prohibit a lobbyist from providing
tickets to a charity event described in
AS 24.60.080(a)(2)(B), or a contribution to a charity event
under AS 24.60.080(c)(10);
(10) make or offer a gift or a campaign
contribution whose acceptance by the person to whom it is
offered would violate AS 24.60 or AS 39.52."
Page 1, line 9:
Delete "Section 1"
Insert "Sec. 2"
Renumber the following bill sections accordingly.
Page 3, lines 16 - 17:
Delete "and is from a member of the legislator's or
legislative employee's immediate family"
Page 3, following line 20:
Insert a new bill section to read:
"* Sec. 5. AS 24.60.080(d) is amended to read:
(d) A legislator or legislative employee who accepts a
gift from a lobbyist under (a)(2)(C) of this section shall
disclose to the committee, within 30 days after the receipt
of the gift, the name of the donor, the name of each person
who employs the donor, a description of the gift and the
gift's purpose, and a statement from the recipient
affirming that the gift is unconnected with the recipient's
legislative status. A legislator or legislative employee
who accepts a gift under (c)(4) of this section that has a
value of $250 or more shall disclose to the committee,
within 30 days after receipt of the gift, the name and
occupation of the donor and the approximate value of the
gift. A legislator or legislative employee who accepts a
gift under (c)(8) of this section that the recipient
expects will have a value of $250 or more in the calendar
year shall disclose to the committee, within 30 days after
receipt of the gift, the name and occupation of the donor,
a general description of the matter of legislative concern
with respect to which the gift is made, and the approximate
value of the gift. The committee shall maintain a public
record of the disclosures it receives relating to gifts
under (a)(2)(C), (c)(4), (c)(8), and (i) of this section
and shall forward the disclosures to the appropriate house
for inclusion in the journal. The committee shall forward
to the Alaska Public Offices Commission copies of the
disclosures concerning gifts under (a)(2)(C), (c)(4),
(c)(8), and (i) of this section that it receives from
legislators and legislative directors. A legislator or
legislative employee who accepts a gift under (c)(6) of
this section that has a value of $250 or more shall, within
30 days after receiving the gift, disclose to the committee
the name and occupation of the donor and a description of
the gift. The committee shall maintain disclosures relating
to gifts under (c)(6) of this section as confidential
records and may only use, or permit a committee employee or
contractor to use, a disclosure under (c)(6) of this
section in the investigation of a possible violation of
this section or in a proceeding under AS 24.60.170. If the
disclosure under (c)(6) of this section becomes part of the
record of a proceeding under AS 24.60.170, the
confidentiality provisions of that section apply to the
disclosure."
Renumber the following bill sections accordingly.
SENATOR FRENCH objected.
JOYCE ANDERSON, Administrator, Select Committee on Legislative
Ethics, said she helped put this amendment together to allow
gifts from lobbyists for personal reasons and for relationships
outside of the legislative arena. She gave an example of a long-
time friend giving a gift during a wedding, or a friend that
came outside of the legislative context. That is when "you just
don't see that particular lobbyist within your context as a
legislator. So you're not dealing with them either on
legislation or whatever. You probably have some sort of a social
… go to dinner or whatever it happens to be." The term "not
connected to legislative status" has been in the statute. The
bill is using the same language. Amendment 2 changes the
lobbying statute, which needs to be done, and it corresponds to
the ethics statute. Page 2 of the amendment, lines 14 and 15,
talks about what is prohibited, "and it would be prohibited if
it's connected with a person's legislative status. So the
lobbying statute is going the other way." Legal wanted to add
compassionate gift language so that lobbyists are allowed to
give compassionate gifts. "So we've added that in as well."
10:40:42 AM
CHAIR MCGUIRE said the language regarding being unconnected to a
person's legislative status has been around for many years.
MS. ANDERSON said yes. There was a strict prohibition during
legislative session.
SENATOR BUNDE asked about a person that became a friend later
but who met in the legislative arena.
10:41:25 AM
MS. ANDERSON said that has come up in the past. If a legislator
deals with a lobbyist and then becomes friends outside of the
legislative arena and legislation isn't discussed - "have
developed a relationship with that individual … and you're doing
that outside of the legislative arena, then that would be okay."
SENATOR BUNDE said it will be under the judgment of APOC and the
ethics committee. People here would say that the legislative
arena has infused their entire lives. One cannot have a life or
a conversation without legislative topics coming up.
CHAIR MCGUIRE said she agrees, "But you know it when you see
it." There are people in the building that are lobbyist that she
has no relationship with. But there are other people who started
out as staff who were friends, and then they became lobbyists.
There isn't a lot of gift giving anyway. But this is for events
like weddings. It was a big stress during a wedding of two staff
people a few months back of who was coming and who was a
lobbyist and how to record it. She doesn't want to allow
lobbyists giving legislators gifts irrespective of the occasion,
but "we don't want an absurd result."
10:44:01 AM
SENATOR GREEN said it is the ethics committee that will know it
when they see it, and that bothers her. "I have a great deal of
problem with that." If a person gives a gift and reports it, "I
just don't know how much further you can go." She added, "If I
can take the heat or the criticism for having received it."
CHAIR MCGUIRE asked if Senator Green would just like full
disclosure with no limits on gifts.
SENATOR GREEN said she feels that way about contributions. The
standard should be whether a member can take the heat of the
criticism that follows. "If you're going to take it from the big
crime boss … and you want to put your report…"
SENATOR FRENCH asked if Page 3, Line 10, of the amendment will
apply to any gift no matter how small. "There's no dollar limit.
If you take a gift from a lobbyist, you must report it, period."
MS. ANDERSON said yes.
The committee took an at-ease at 10:45:48 AM. The committee did
not reconvene that day and HB 368(FIN) am was held in committee.
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