Legislature(2011 - 2012)BUTROVICH 205
03/15/2011 09:00 AM Senate STATE AFFAIRS
| Audio | Topic |
|---|---|
| Start | |
| SB98 | |
| SB89 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| *+ | SB 98 | TELECONFERENCED | |
| *+ | SB 89 | TELECONFERENCED | |
SB 89-LEGISLATIVE ETHICS ACT
9:28:22 AM
CHAIR WIELECHOWSKI announced the next order of business would be
SB 89, which proposes changes to the statutes governing
legislative ethics.
SENATOR PASKVAN moved to adopt the proposed committee substitute
(CS) for SB 89, labeled 27-LS0452\D, as the working document.
CHAIR WIELECHOWSKI objected for discussion purposes.
SENATOR JOHN COGHILL, sponsor of SB 89, said his staff would go
over the sectional analysis. He said the bill is a product of
many years of conversation about things going on in the
legislature. Nine bills were introduced to change the ethics
law. Some issues have been proposed for three years running. One
issue became a politically hot issue, dealing with value of
meals. This brought the bill to a dead stop. That provision has
been removed.
9:30:06 AM
Mailing list issues have come into question: can legislators use
campaign mailing lists in the legislature, and can they take
mailing lists from the legislature to their campaigns. The
ethics committee gave an opinion on that issue some time ago,
and that will be codified in this statute.
The second question is about state travel. When is it proper to
do campaign activities while traveling as a legislator? Current
statutes have a prohibition against anything partisan in nature
while on state travel. The question should be: what is partisan
activity?
9:31:58 AM
When you are traveling in your home district, you are still that
partisan person. It is always unethical to use state travel to
go to fundraising activity. Senator Coghill said, "If I go home
for a fundraiser, I should pay. If I go to Fairbanks, my home
district, for meetings and I drive to Glenallen, and I am asked
to speak at a Republican luncheon on the way back to Fairbanks,
that would be strictly prohibited under current law."
The rules create a conundrum. Under current rules, he would have
to fly back to Juneau and then back to Fairbanks in order to
speak at that luncheon. The ethical question should be, when is
it right to be partisan and do it on state travel. Some people
would say never, but this ignores the geography problem of
Alaska. Other states are always connected by roads. It can
literally take a day and a half to travel to some places in
Alaska. Distance and logistics can make it difficult to be a
good representative.
9:35:20 AM
SENATOR COGHILL said another issue is billing the state for
costs when traveling out of state. Sometimes costs don't come
back within 30 days. This bill expands the time allowed to 60
days.
When you are helping someone in your office with government
institutions, navigating the systems, such as workers
compensation or the permanent fund, when can you say "Here is
the limit of what we will do on staff time." This needs to be
defined in statute. For years, legislators were the ombudsman.
Now we have an ombudsman's office. We did not have
administrative law judges, and we had to push for answers to
questions. Now administrative law judges can decide these
issues. Legislators can help constituents up until they get
before a final decision-maker. This gives clear boundaries on
how far they can help someone.
9:38:57 AM
He said one exception is for those in the legislature who are
lawyers and who will get paid to do that. It allows that action
but it must be clear.
In situations where a legislator is unable to attend a meeting
of the Legislative Ethics Committee, the committee will put an
alternate in. This bill says the alternate must stay in until
the hearing is concluded. SB 89 also codifies that when a
legislator cannot attend a meeting, the presiding officer can
appoint someone to take their place.
Most of these questions have come up in a series of ethics
committee meetings.
9:41:32 AM
RYNNIEVA MOSS, staff to Senator John Coghill, said she would
review the sectional analysis of SB 89. This is included in the
bill packet. Section 1 is cleanup from legislation passed in
2008, and accommodates the giving and receiving of a
compassionate gift. Section 1 also deals with the mailing list
issue, and clarifies the use of public funds and facilities, and
using legislative mailing lists for fundraising or campaigning
purposes.
Section 2 is about doing constituent work as a legislator. There
is an exception for violation of this section; as soon as they
become aware, the legislator must notify the ethics committee.
If a legislator is called to testify before an administrative
hearing, that would also be an exception.
Sections 3 and 4 of the bill deal with travel time and partisan
activities. The bill drafters tried to be as specific as
possible. This is a policy issue for the legislature to decide.
SB 89 says they can't participate in partisan activities during
a normal working day, which is from 8-5, excluding a meal break,
or on a municipal or state election day, or for 30 days
preceding an election. Under no conditions can they fundraise
for a political party or campaign while traveling on state
business.
9:44:59 AM
CHAIR WIELECHOWSKI asked what current law is regarding the
executive branch on this issue.
MS. MOSS responded she was not sure of the current AG opinion.
SENATOR COGHILL said the executive branch pro-rated based on de
minimis use, but this doesn't work for legislators.
MS. MOSS said section 5 was requested by the Legislative Ethics
Committee. It says they must keep on file for public access all
disclosures they have filed.
CHAIR WIELECHOWSKI asked if this change would broaden the law.
MS. MOSS answered it would release the committee from the burden
of compiling a list of all disclosures. Section 6 adds public
members to the prohibition of disclosing confidential
information. Section 7 deals with charity events, and clarifies
that charity tickets also include charity event gifts. Under
current law it is not clear that those must be disclosed. It
tries to clarify that anyone can contribute a gift to a
legislator in a sanctioned charity event. Lobbyists can
contribute up to $250. It is reportable and they cannot exceed
that amount.
9:48:27 AM
SENATOR MEYER asked about the Thanksgiving in March event. It is
sanctioned, and a legislator could win a door prize of a cruise.
If he wins, is that okay as long as he discloses?
MS. MOSS answered yes.
Section 8 is housekeeping regarding charity events. Section 10
accommodates people who may be required to make a disclosure but
that disclosure would violate a U.S. or state constitution or
state or federal law. They can request to refrain from
disclosing.
CHAIR WIELECHOWSKI asked about disclosing the names of clients
or patients.
MS. MOSS answered they would have to request not to disclose,
but they are not required to disclose confidential information.
Section 11 addresses volunteers and educational trainees. They
are not currently required to take ethics training. Under this
change they would be. Section 12 is housekeeping for section 14,
which adds a new section dealing with alternates. Section 13
refers to AS 24.16.131 and completely re-writes alternate member
language.
9:51:45 AM
This would include the Alaska Supreme Court in adding alternates
to the Legislative Ethics Committee. Section 15 is adding
legislative ethics training requirements. Section 16 is a
request by the committee to say that hourly legislative
employees (such as maintenance and print shop) are exempt from
ethics training.
CHAIR WIELECHOWSKI asked how a volunteer was defined.
MS. MOSS said volunteers are sometimes approved through the
legislative council. Some legislators also have UAF interns,
which is statutory.
SENATOR COGHILL added that if a person helps out in a
legislator's office, then that has to go through the Rules
chairman or legislative council. They would determine whether
that volunteer would have to take ethics training. Once a person
has access to information, they should be under the same type of
rules as other staff.
9:54:30 AM
CHAIR WIELECHOWSKI asked if a staff member is sick and someone
fills in, what happens.
MS. MOSS asked if that person would be on the payroll.
CHAIR WIELECHOWSKI answered yes.
MS. MOSS responded if a person is on the payroll, they must
comply with legislative ethics laws.
MS. MOSS explained that section 17 defines the meaning of state
travel. Section 18 repeals AS 24.60.130(m); it is replaced by AS
24.60.131. The committee packet also includes a summary of these
changes.
SENATOR COGHILL said the committee packet includes links to
ethics laws in other states. Alaska is on the forefront in
defining legislative ethics. The state travel issue is not as
big in other states, because of geography. The packet also
includes minutes from ethics committee meetings, showing
discussion on state travel issues.
9:57:34 AM
MS. MOSS noted there are five or six different advisory opinions
in the packet. There are also some sets of minutes from 2010
ethics committee hearings regarding state travel.
SKIP COOK, Chair, Select Committee on Legislative Ethics, said
he wanted to comment on two areas of the bill. The state travel
issue has been the subject of much discussion. The Ethics
Committee takes the position that the statute is quite clear;
the committee has no position on what the law should be.
Understandably, the legislature has been reluctant to change the
current law due to possible public reaction. The legislature
passed the law, and the legislature must amend it.
He also commented on the structure of the committee and the use
of alternates. There are currently five public members and four
legislative members on the committee. This is a disadvantage to
the public side, because there is no provision for alternates
for public members. He suggested that be changed so that a Chief
Justice could appoint an alternate public member if the regular
member is unable to attend. This would be better than the
current law.
He also feels the current law goes too far with provisions for a
legislative member's replacement. It doesn't work well with
committee procedures. It is difficult enough to get alternates
up to speed, and the provision for a second alternate is not
fair unless it is also done for public members; it also makes
things difficult for administration of the committee.
10:03:34 AM
JOYCE ANDERSON, Administrator, Select Committee on Legislative
Ethics, said she agreed with the comments of Skip Cook.
CHAIR WIELECHOWSKI closed public testimony and announced SB 89
would be set aside for further hearing.
| Document Name | Date/Time | Subjects |
|---|---|---|
| SB 89 Backup NCSL Links to States' Legislative Ethics Codes.pdf |
SSTA 3/15/2011 9:00:00 AM |
SB 89 |
| SB 89 Committee Substitute Version D.pdf |
SSTA 3/15/2011 9:00:00 AM |
SB 89 |
| SB 89 Sponsor Statement Version D.pdf |
SSTA 3/15/2011 9:00:00 AM |
SB 89 |
| SB 89 Backup Ethics Committee Advisory Opinions.pdf |
SSTA 3/15/2011 9:00:00 AM |
SB 89 |
| SB 89 Backup Ethics Committee Minutes Relevant.pdf |
SSTA 3/15/2011 9:00:00 AM |
SB 89 |
| SB 89 Sectional Analysis Version D.pdf |
SSTA 3/15/2011 9:00:00 AM |
SB 89 |
| SB 98 sponsor statement.pdf |
HJUD 4/13/2012 1:00:00 PM SSTA 3/15/2011 9:00:00 AM |
SB 98 |
| SB 98 Sectional Summary.pdf |
HJUD 4/13/2012 1:00:00 PM SSTA 3/15/2011 9:00:00 AM |
SB 98 |
| SB 98 FAQ.pdf |
SSTA 3/15/2011 9:00:00 AM |
SB 98 |
| SB 98 Changes from Original to Version M.pdf |
SSTA 3/15/2011 9:00:00 AM |
SB 98 |
| SB 98 Biometrics Fact Sheet.pdf |
SSTA 3/15/2011 9:00:00 AM |
SB 98 |
| SB 98 Biometric textbook.pdf |
SSTA 3/15/2011 9:00:00 AM |
SB 98 |
| SB 98 Other states statutes.pdf |
SSTA 3/15/2011 9:00:00 AM |
SB 98 |
| SB 98 supporters.pdf |
SSTA 3/15/2011 9:00:00 AM |
SB 98 |
| SB 98 ACLU Support Letter.pdf |
SSTA 3/15/2011 9:00:00 AM |
SB 98 |
| SB 98 EFF background.pdf |
SSTA 3/15/2011 9:00:00 AM |
SB 98 |
| SB 98 Choicepoint Article.pdf |
SSTA 3/15/2011 9:00:00 AM |
SB 98 |