Legislature(2005 - 2006)CAPITOL 106

04/26/2005 08:00 AM House STATE AFFAIRS


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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
*+ HB 194 EXEC. BRANCH ETHICS: FINANCIAL INTERESTS TELECONFERENCED
Heard & Held
*+ HB 248 PUBLIC RECORDS & POLICE/CORRECT. OFFICERS TELECONFERENCED
Heard & Held
Bills Previously Heard/Scheduled
                    ALASKA STATE LEGISLATURE                                                                                  
             HOUSE STATE AFFAIRS STANDING COMMITTEE                                                                           
                         April 26, 2005                                                                                         
                           8:06 a.m.                                                                                          
                                                                                                                                
MEMBERS PRESENT                                                                                                               
                                                                                                                                
Representative Carl Gatto, Vice Chair                                                                                           
Representative Jim Elkins                                                                                                       
Representative Bob Lynn                                                                                                         
Representative Jay Ramras                                                                                                       
Representative Berta Gardner                                                                                                    
Representative Max Gruenberg                                                                                                    
                                                                                                                                
MEMBERS ABSENT                                                                                                                
                                                                                                                                
Representative Paul Seaton, Chair                                                                                               
                                                                                                                                
COMMITTEE CALENDAR                                                                                                            
                                                                                                                                
HOUSE BILL NO. 194                                                                                                              
"An Act prohibiting a public  officer from taking official action                                                               
regarding a matter in which  the public officer has a significant                                                               
financial interest;  and defining 'official action'  for purposes                                                               
of  the chapter  generally referred  to as  the Executive  Branch                                                               
Ethics Act."                                                                                                                    
                                                                                                                                
     - HEARD AND HELD                                                                                                           
                                                                                                                                
HOUSE BILL NO. 248                                                                                                              
"An Act relating to the exemption from public inspection of                                                                     
certain records and information of public agencies that are                                                                     
compiled in connection with peace or correctional officers."                                                                    
                                                                                                                                
     - HEARD AND HELD                                                                                                           
                                                                                                                                
PREVIOUS COMMITTEE ACTION                                                                                                     
                                                                                                                                
BILL: HB 194                                                                                                                  
SHORT TITLE: EXEC. BRANCH ETHICS: FINANCIAL INTERESTS                                                                           
SPONSOR(s): REPRESENTATIVE(s) GARA                                                                                              
                                                                                                                                
03/03/05       (H)       READ THE FIRST TIME - REFERRALS                                                                        
03/03/05       (H)       STA, JUD                                                                                               
04/26/05       (H)       STA AT 8:00 AM CAPITOL 106                                                                             
                                                                                                                                
BILL: HB 248                                                                                                                  
SHORT TITLE: PUBLIC RECORDS & POLICE/CORRECT. OFFICERS                                                                          
SPONSOR(s): REPRESENTATIVE(s) HAWKER                                                                                            
                                                                                                                                
04/04/05       (H)       READ THE FIRST TIME - REFERRALS                                                                        
04/04/05       (H)       STA, JUD                                                                                               
04/26/05       (H)       STA AT 8:00 AM CAPITOL 106                                                                             
                                                                                                                                
WITNESS REGISTER                                                                                                              
                                                                                                                                
REPRESENTATIVE LES GARA                                                                                                         
Alaska State Legislature                                                                                                        
Juneau, Alaska                                                                                                                  
POSITION STATEMENT:  Testified as sponsor of HB 194.                                                                            
                                                                                                                                
MYRL THOMPSON                                                                                                                   
Wasilla, Alaska                                                                                                                 
POSITION STATEMENT:   Testified on  behalf of himself  during the                                                               
hearing on HB 194.                                                                                                              
                                                                                                                                
REPRESENTATIVE MIKE HAWKER                                                                                                      
Alaska State Legislature                                                                                                        
Juneau, Alaska                                                                                                                  
POSITION STATEMENT:  Presented HB 248, as sponsor.                                                                              
                                                                                                                                
EVERETT ROBBINS                                                                                                                 
Anchorage, Alaska                                                                                                               
POSITION STATEMENT:  Testified on  behalf of the Anchorage Police                                                               
Department Employees' Association.                                                                                              
                                                                                                                                
JULI LUCKY, Staff                                                                                                               
to Representative Mike Hawker                                                                                                   
Alaska State Legislature                                                                                                        
Juneau, Alaska                                                                                                                  
POSITION STATEMENT:   Answered a  question during the  hearing on                                                               
HB 248, on behalf of Representative Hawker, sponsor.                                                                            
                                                                                                                                
ACTION NARRATIVE                                                                                                              
                                                                                                                                
VICE-CHAIR  CARL GATTO  called the  House State  Affairs Standing                                                             
Committee  meeting  to  order at  8:06:44  AM.    Representatives                                                             
Elkins,  Lynn, Gardner,  and Gatto  were present  at the  call to                                                               
order.    Representatives Ramras  and  Gruenberg  arrived as  the                                                               
meeting was in progress.                                                                                                        
                                                                                                                                
HB 194-EXEC. BRANCH ETHICS: FINANCIAL INTERESTS                                                                             
                                                                                                                                
VICE CHAIR GATTO  announced that the first order  of business was                                                               
HOUSE BILL  NO. 194,  "An Act prohibiting  a public  officer from                                                               
taking official  action regarding  a matter  in which  the public                                                               
officer  has  a  significant  financial  interest;  and  defining                                                               
'official action' for purposes of  the chapter generally referred                                                               
to as the Executive Branch Ethics Act."                                                                                         
                                                                                                                                
8:07:08 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE LES GARA, Alaska  State Legislature, as sponsor of                                                               
HB 194, stated that the  proposed legislation "seeks to close the                                                               
major loophole  that we've been told  that we have in  our Ethics                                                               
Act."   He  reviewed  that under  current  law, executive  branch                                                               
employees cannot act  on matters "in which you intend  ... or ...                                                               
know you are  going to benefit yourself," with one  exception:  A                                                               
person can  benefit him/herself  if the benefit  is what  the law                                                               
calls,  "insignificant."   He  said  there  have been  two  legal                                                               
opinions thus  far regarding whether  that loophole exists.   The                                                               
one opinion from Bob Bundy -  an attorney hired by Governor Frank                                                               
Murkowski  after the  dispute  involving  Attorney General  Gregg                                                               
Renkes  - is  that $100,000  in traded  stock was  insignificant.                                                               
The other  opinion from Tom Daniel  - who was hired  to represent                                                               
the personnel  board -  was issued  a few weeks  ago to  say that                                                               
that amount was indeed significant.                                                                                             
                                                                                                                                
8:08:16 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE GARA said  this is a "gray" issue.   He noted that                                                               
some states define  what is significant - in terms  of a conflict                                                               
of interest  - as an  ownership interest of  $5,000 or more.   He                                                               
said, "That's the bright line that we  want to draw."  He said he                                                               
thinks most  Alaskans would think  $5,000 is  a fair amount.   He                                                               
remarked that many times a  legislator will declare a conflict of                                                               
interest and then  be told to vote anyway, and  he suggested that                                                               
may be a subject for a future bill.                                                                                             
                                                                                                                                
8:11:11 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE GARDNER  revealed that she owns  stock in [General                                                               
Communication, Inc. (GCI)]  and fully expects that  at some point                                                               
a matter  relating to  GCI will come  before the  legislature and                                                               
she will have to vote on it.   She said after making a disclosure                                                               
she  would still  have to  participate.   She asked,  "What would                                                               
your bill do  if it's passed and somebody has  $5,000 interest in                                                               
some particular entity?"                                                                                                        
                                                                                                                                
8:11:52 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE GARA clarified that  there are different acts that                                                               
regulate  the different  branches  of government.   The  proposed                                                               
legislation  would just  address the  executive Ethics  Act.   He                                                               
said, "In the  executive area you wouldn't vote."   He explained,                                                               
"You should not  be on the Oil & Gas  Conservation Commission and                                                               
have an  interest in a  gas field  that you're about  to develop,                                                               
that the  ... commission  is about  to decide  upon.   You should                                                               
recuse yourself;  you should say,  'Look, I've got a  conflict of                                                               
interest.'"  He  said a person only violates the  law when he/she                                                               
knows how  he/she stands to  gain; therefore, mutual  funds would                                                               
not apply,  because normally a  person doesn't know how  a mutual                                                               
fund is invested.                                                                                                               
                                                                                                                                
8:13:22 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE   GARA,   in   response   to   a   question   from                                                               
Representative Gardner,  said the phrase "public  officer" in the                                                               
title of  the bill does  indeed refer  only to an  officer within                                                               
the executive branch of government.                                                                                             
                                                                                                                                
8:14:16 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE GARA,  in response to  a question from  Vice Chair                                                               
Gatto, said  it would be  important for someone in  the executive                                                               
branch  of government  to be  sensitive to  the possibility  that                                                               
he/she  may have  invested in  stock  that could  benefit from  a                                                               
regulation, for example.                                                                                                        
                                                                                                                                
8:15:20 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE LYNN  asked Representative  Gara if he  knows what                                                               
amounts have been spent on executive investigations.                                                                            
                                                                                                                                
8:15:53 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE GARA said  he doesn't know.  He  said the governor                                                               
paid someone in private practice at  a rate he guessed would have                                                               
been approximately $150 - $200/hour.                                                                                            
                                                                                                                                
8:16:33 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  LYNN said  he may  have an  amendment related  to                                                               
that subject.                                                                                                                   
                                                                                                                                
8:16:44 AM                                                                                                                    
                                                                                                                                
VICE  CHAIR   GATTO  asked  Representative   Lynn  to   hold  the                                                               
amendment.                                                                                                                      
                                                                                                                                
8:16:51 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  ELKINS asked  if an  executive could  put his/her                                                               
stocks in a blind trust, where  it would be known what the stocks                                                               
were,  but  once  in  the  trust  the  executive  would  have  no                                                               
management over them.                                                                                                           
                                                                                                                                
8:17:10 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE GARA  said the first  question would  apply, which                                                               
is for the executive branch  public officer to ask whether he/she                                                               
would stand  to benefit from that  stock.  He offered  an example                                                               
whereby a  person had a lot  of stock in  BP that was put  into a                                                               
blind trust.   That person happens to be on  the negotiating team                                                               
that  is about  to hand  over the  gas pipeline  proposal to  BP.                                                               
He/she doesn't know if the BP  stock is being traded in the blind                                                               
trust, but  does know  it exists,  and thus,  to be  safe, should                                                               
recuse him/herself or get rid of the blind trust.                                                                               
                                                                                                                                
8:20:08 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  LYNN suggested  that  $5,000 is  chicken feed  to                                                               
many and asked  if at some point people's hands  would be tied so                                                               
that they couldn't even function.                                                                                               
                                                                                                                                
8:21:16 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  GARA  reiterated that  the  main  point would  be                                                               
whether they know that they would be impacted.                                                                                  
                                                                                                                                
REPRESENTATIVE LYNN said it seems  difficult to try to get inside                                                               
someone's head to  figure out his/her intent,  while using $5,000                                                               
as a marker.  He said the amount of money doesn't get to intent.                                                                
                                                                                                                                
8:22:45 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE GARA  responded, "No,  that's just after  you find                                                               
to intent."                                                                                                                     
                                                                                                                                
8:23:02 AM                                                                                                                    
                                                                                                                                
VICE CHAIR GATTO  pointed out that if the person  didn't make any                                                               
money, the question  would never come up, even if  he/she had the                                                               
intent.                                                                                                                         
                                                                                                                                
8:23:22 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  GARDNER said  she  thinks [Vice  Chair Gatto]  is                                                               
correct.   She referred to  [page 1,  lines 8-12], which  read as                                                               
follows:                                                                                                                        
                                                                                                                                
               (1)   [OFFICER'S]   personal   or   financial                                                                
     interest in the  matter and [IS INSIGNIFICANT,  OR OF A                                                                
     TYPE THAT  IS POSSESSED  GENERALLY BY  THE PUBLIC  OR A                                                                    
     LARGE  CLASS OF  PERSONS  TO WHICH  THE PUBLIC  OFFICER                                                                    
     BELONGS; OR  (2)] action  taken or  influence exercised                                                            
     by  the  public  officer would  have  insignificant  or                                                                
     conjectural effect on the matter;                                                                                      
                                                                                                                                
8:24:00 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE GRUENBERG  asked if  "immediate family  member" is                                                               
defined in law.                                                                                                                 
                                                                                                                                
8:24:11 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE GARA said other provisions  of law refer to family                                                               
members.  He stated his  believe that ["family member"] includes:                                                               
parent, child,  or even sibling.   He indicated that  not knowing                                                               
that a  spouse of sibling  owns certain  stock is one  thing, but                                                               
"you really  don't want  to ...  transfer your  BP stock  to your                                                               
wife or your husband and say that  'now I can go ahead and act on                                                               
this matter.'"                                                                                                                  
                                                                                                                                
8:24:48 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  GRUENBERG said  he might  know that  he set  up a                                                               
trust  for his  child,  and  that child  might  benefit from  his                                                               
actions, for example.                                                                                                           
                                                                                                                                
8:26:45 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  GARA  pointed  to  the  reference  of  "immediate                                                           
family  member" on  page 2,  line 3.   He  talked about  the bill                                                           
being listed in "the negative."                                                                                                 
                                                                                                                                
8:28:41 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE GRUENBERG  said he's focusing  on page 2,  line 7,                                                               
and  suggested  that  Representative Gara  consider  including  a                                                               
reference to "family member" there.                                                                                             
                                                                                                                                
8:30:19 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  GARA  said  he doesn't  think  that's  necessary,                                                               
because the words don't have to be repeated.                                                                                    
                                                                                                                                
8:30:50 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  GRUENBERG indicated  that there  is a  difference                                                               
between saying "a  person" versus "the person";  the former would                                                           
mean  the public  officer, but  the latter  could also  include a                                                               
family member.                                                                                                                  
                                                                                                                                
8:31:53 AM                                                                                                                    
                                                                                                                                
VICE  CHAIR  GATTO  stated  his   intent  to  hold  the  bill  in                                                               
committee.                                                                                                                      
                                                                                                                                
8:32:05 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE ELKINS  recommended that the  bill be moved  on to                                                               
the  House Judiciary  Standing Committee  to "fight  it out  over                                                               
there."                                                                                                                         
                                                                                                                                
8:33:06 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE LYNN  moved Conceptual Amendment 1,  which read as                                                               
follows [original punctuation provided]:                                                                                        
                                                                                                                                
     Any state  employee convicted  of violating  a conflict                                                                    
     of  interest law,  may be  liable for  reimbursement to                                                                    
     the  state for  the cost  of the  investigation of  the                                                                    
     complaint, in  addition to any  other fines  imposed by                                                                    
     an administrative or judicial process.                                                                                     
                                                                                                                                
8:33:59 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  GARDNER objected  to  point  out that  Conceptual                                                               
Amendment 1 uses  the phrase "state employee"  while the language                                                               
in the bill is "public officer".                                                                                                
                                                                                                                                
8:34:09 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE   GARDNER  moved   an   amendment  to   Conceptual                                                               
Amendment 1, as follows:                                                                                                        
                                                                                                                                
     Delete "state employee"                                                                                                    
     Insert "public officer"                                                                                                    
                                                                                                                                
VICE  CHAIR  GATTO  asked  if  there was  any  objection  to  the                                                               
amendment  to Conceptual  Amendment  1.   There  being none,  the                                                               
amendment to Conceptual Amendment 1 was adopted.                                                                                
                                                                                                                                
8:34:31 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  GRUENBERG   stated  his  support   of  Conceptual                                                               
Amendment 1  [as amended].   He asked Representative Gara  if the                                                               
word "convicted" is the appropriate word to use.                                                                                
                                                                                                                                
8:34:59 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE GARA  said he thinks it's  a fair not to  impose a                                                               
penalty on  the person  unless it's  clear he/she  "did something                                                               
wrong."                                                                                                                         
                                                                                                                                
8:35:44 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE GRUENBERG asked if  the term "investigation" would                                                               
also include prosecution.                                                                                                       
                                                                                                                                
8:35:55 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE GARA responded, "If I were  a judge I would say it                                                               
did."                                                                                                                           
                                                                                                                                
8:36:13 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  GRUENBERG asked  if  "any other  fines" would  be                                                               
broad enough.  He mentioned civil penalties.                                                                                    
                                                                                                                                
8:36:31 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE GARA stated that a penalty is a fine.                                                                            
                                                                                                                                
8:36:39 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  GARDNER  withdrew  her objection  [to  Conceptual                                                               
Amendment 1, as amended].                                                                                                       
                                                                                                                                
8:36:49 AM                                                                                                                    
                                                                                                                                
VICE CHAIR  GATTO asked  if there was  any further  objection [to                                                               
Conceptual Amendment  1, as amended].   There being none,  it was                                                               
so ordered.                                                                                                                     
                                                                                                                                
8:37:10 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE RAMRAS moved Amendment 2, as follows:                                                                            
                                                                                                                                
     Page 2, line 9:                                                                                                            
     Delete "$5,000"                                                                                                            
     Insert "$50,000"                                                                                                           
                                                                                                                                
REPRESENTATIVE  RAMRAS said  he  thinks there  is "a  significant                                                               
problem with  attracting a high-quality  talent to  the executive                                                               
branch, as  well as other parts  of government."  He  stated that                                                               
$5,000 would equal  less than 100 shares of  many publicly traded                                                               
companies.                                                                                                                      
                                                                                                                                
8:37:43 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  GARA   said  everyone  is  focusing   on  shares;                                                               
however, the  publicly traded  Wall Street  company is  the least                                                               
important of the possible violations.   He said the real focus is                                                               
on the  smaller companies where  "a legislative act would  have a                                                               
real bump on  that company's value."  He offered  an example.  He                                                               
said he thinks $50,000 is a bit "out."                                                                                          
                                                                                                                                
8:40:01 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE RAMRAS replied that he  does not read any language                                                               
regarding  large  versus  small  companies   in  the  bill.    He                                                               
reiterated that  he wants to  attract high quality people  to the                                                               
executive  branch.   He described  the  amount of  $5,000 as  "an                                                               
ever-shrinking  sum of  money," and  keeping that  amount in  the                                                               
bill as "a little bit short-sided."                                                                                             
                                                                                                                                
8:40:58 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE GRUENBERG  said he tends  to agree that  $5,000 is                                                               
too  low,  but he  said  he  thinks  that  $50,000 is  too  high.                                                               
"Public  official" can  be anybody.   He  suggested that  another                                                               
figure may be more appropriate.                                                                                                 
                                                                                                                                
8:42:00 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  GARA said  many  states use  either  a $5,000  or                                                               
$10,000 limit.   He said, "Frankly,  the states are all  over the                                                               
map, which is why  Mr. Bundy had a hard time  figuring out how to                                                               
interpret Alaska law, unless we came  up with a bright line."  He                                                               
indicated  that he  would have  not  problem if  the amount  were                                                               
$10,000.  He explained:                                                                                                         
                                                                                                                                
     Whether the company  is huge or not huge  has an impact                                                                    
     to  the  answer on  that  first  question.   The  first                                                                    
     question is:   Did you  do it  knowing it was  going to                                                                    
     improve your  financial position?   And if it's  a huge                                                                    
     company and you're working on  small matter ..., nobody                                                                    
     can say that you knew that  was going to have an impact                                                                    
     on your financial  position.  ... But, if  it's a small                                                                    
     company, in  that your action really  involves its only                                                                    
     big  business deal  in the  last year,  [it's] a  whole                                                                    
     different question.                                                                                                        
                                                                                                                                
8:43:10 AM                                                                                                                    
                                                                                                                                
VICE CHAIR  GATTO offered an  example in  which a company  with a                                                               
contract  for  a  huge  job  may not  actually  make  any  money.                                                               
[Regarding Amendment 2]  he said, "I sort of  support it, because                                                               
it's  going to  be  very difficult,  without  a very  significant                                                               
investigation, to  determine that  a person has  indeed knowingly                                                               
entered into an agreement to  direct legislation so they can make                                                               
money.  And then, the question is, "How much money?"                                                                            
                                                                                                                                
8:45:28 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE GARDNER objected to Amendment 2.                                                                                 
                                                                                                                                
8:45:35 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE GRUENBERG also objected to Amendment 2.                                                                          
                                                                                                                                
8:45:42 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE LYNN said  he agrees that it's  crucial to attract                                                               
high talent to fill public offices,  but he suggested that it may                                                               
be more crucial  to attract people with high ethics.   He stated,                                                               
"No dollar amount  can make somebody ethical  that's not ethical;                                                               
nothing  we write  here  can work  magic ...,  it  can only  hold                                                               
people  accountable."   He said  he doesn't  know what  the magic                                                               
dollar  figure would  be.   He posited  that the  committee would                                                               
have to pick  a number that's both reasonable  and practical, and                                                               
he said $50,000 seems  far too high an amount.   He said he might                                                               
agree to $10,000.                                                                                                               
                                                                                                                                
8:47:06 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  ELKINS  asked, "How  far  down  in the  executive                                                               
branch does 'public officer' or 'official' go?"                                                                                 
                                                                                                                                
8:47:18 AM                                                                                                                    
                                                                                                                                
VICE  CHAIR  GATTO  noted that  Representative  Elkins'  question                                                               
delves into  the entire bill,  not just Amendment 2;  however, he                                                               
said he would allow it.                                                                                                         
                                                                                                                                
8:47:37 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE GARA answered:                                                                                                   
                                                                                                                                
     It  applies  to  all executive  branch  employees,  but                                                                    
     remember,  you're  only  forbidden  from  doing  things                                                                    
     where you know  that your action is going  to cause you                                                                    
     a financial gain.                                                                                                          
                                                                                                                                
REPRESENTATIVE GARA said  it's only those in the  higher level of                                                               
public office  who would have  the opportunity to do  things that                                                               
would cause them  financial gain.  He said  Mr. Bundy recommended                                                               
a  $10,000  limit.    He  said  he knows  there  was  "a  lot  of                                                               
controversy over  ... his role  in this,"  but he said  he thinks                                                               
Mr.  Bundy "deserves  all the  credit in  the world"  for working                                                               
hard on the issue.                                                                                                              
                                                                                                                                
REPRESENTATIVE  GRUENBERG said  he  would support  the amount  of                                                               
$10,000.                                                                                                                        
                                                                                                                                
8:49:29 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE LYNN moved an amendment  to Amendment 2, to change                                                               
"$50,000" to "$10,000".                                                                                                         
                                                                                                                                
8:50:36 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE RAMRAS  [objected] to  the amendment  to Amendment                                                               
2.                                                                                                                              
                                                                                                                                
8:50:52 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE ELKINS  said he thinks  the people  being targeted                                                               
are  in  higher executive  public  offices;  therefore, a  higher                                                               
amount of $40,000 to $50,000 is appropriate.                                                                                    
                                                                                                                                
8:51:18 AM                                                                                                                    
                                                                                                                                
[A roll call  vote was begun; however, there  was an interruption                                                               
to request clarification mid-way, which voided the roll call.]                                                                  
                                                                                                                                
A roll  call vote was  taken.  Representatives  Gruenberg, Gatto,                                                               
Lynn, and  Gardner voted in  favor of the amendment  to Amendment                                                               
2.     Representatives  Elkins  and  Ramras   voted  against  it.                                                               
Therefore, the amendment to Amendment 2 passed by a vote of 4-2.                                                                
                                                                                                                                
8:53:09 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE RAMRAS withdrew Amendment 2 [as amended].                                                                        
                                                                                                                                
8:53:52 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE RAMRAS moved Amendment 3, as follows:                                                                            
                                                                                                                                
     Page 2, line 9:                                                                                                            
     Delete "$5,000"                                                                                                            
     Insert "$40,000"                                                                                                           
                                                                                                                                
8:54:05 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE GRUENBERG objected.                                                                                              
                                                                                                                                
A roll  call vote was  taken.  Representatives Elkins  and Ramras                                                               
voted  in favor  of Amendment  3.   Representatives Gatto,  Lynn,                                                               
Gardner, and Gruenberg voted against  it.  Therefore, Amendment 3                                                               
failed by a vote of 2-4.                                                                                                        
                                                                                                                                
8:55:15 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  GRUENBERG said  sometimes  several managed  funds                                                               
may aggregate  to a little  more than $10,000,  particularly with                                                               
inflation.  He suggested $15,000.                                                                                               
                                                                                                                                
8:56:01 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE GARA reiterated that  he doesn't think the managed                                                               
fund has a bearing on the bill.                                                                                                 
                                                                                                                                
8:56:19 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE GRUENBERG  clarified that he is  not talking about                                                               
a mutual  fund, but  rather a managed  account which  may include                                                               
30-40 stocks.   He  said an  individual stock  may well  be worth                                                               
more than $10,000.                                                                                                              
                                                                                                                                
8:56:38 AM                                                                                                                    
                                                                                                                                
VICE CHAIR GATTO proffered:                                                                                                     
                                                                                                                                
     I think what he's referring to  is:  Let's say he hires                                                                    
     me  to manage  all  of his  assets.   And  he has  this                                                                    
     asset, and I'm  just trying to make him  a good dollar.                                                                    
     It could be  my decision that says, "I  know this guy's                                                                    
     going to be  able to vote on something and  ... he owns                                                                    
     a compelling  share."  That's  different than  a mutual                                                                    
     fund where nobody knows who he is.                                                                                         
                                                                                                                                
8:57:01 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE GRUENBERG responded, "That's exactly my concern."                                                                
                                                                                                                                
8:57:25 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE GARA responded:                                                                                                  
                                                                                                                                
     I don't know how to say  this any more clearly.  ... If                                                                    
     ... he's  managing a portfolio  of very  largely traded                                                                    
     companies,  you're  not  going to  violate  that  first                                                                    
     prong of the law.   The first prong of the  law is:  Is                                                                    
     what  you're doing  in your  public  capacity going  to                                                                    
     make you  money on  that stock?   I can't  imagine that                                                                    
     there's anything that  is going to make you  money on a                                                                    
     publicly traded  large, large,  large company  when you                                                                    
     make a decision like that.   And so, that's why, in the                                                                    
     history of  the Ethics  Act, when people  have probably                                                                    
     owned  $5,000- or  $10,000-worth of  a stock,  nobody's                                                                    
     ever  prosecuted them  for it.    It's the  distinction                                                                    
     between  that and  a smaller  company  where the  thing                                                                    
     you're  working on  is  their big  deal  for the  year.                                                                    
     That's a big difference.                                                                                                   
                                                                                                                                
8:58:26 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE GRUENBERG moved Amendment 4, as follows:                                                                         
                                                                                                                                
     Page 2, line 9:                                                                                                            
     Delete "$5,000"                                                                                                            
     Insert "$10,000"                                                                                                           
                                                                                                                                
The committee took an at-ease from 8:59:37 AM to 9:00:59 AM.                                                                
                                                                                                                                
9:01:42 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE GRUENBERG restated Amendment 4.                                                                                  
                                                                                                                                
9:02:03 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE RAMRAS objected to Amendment 4.                                                                                  
                                                                                                                                
REPRESENTATIVE  RAMRAS  moved an  amendment  to  Amendment 4,  to                                                               
change "$10,000" to "$35,000".                                                                                                  
                                                                                                                                
VICE CHAIR GATTO objected to the amendment to Amendment 4.                                                                      
                                                                                                                                
A roll  call vote was  taken.  Representatives Elkins  and Ramras                                                               
voted in favor of the  amendment to Amendment 4.  Representatives                                                               
Lynn,   Gardner,  Gruenberg,   and   Gatto   voted  against   it.                                                               
Therefore, the amendment to Amendment 4 failed by a vote of 2-4.                                                                
                                                                                                                                
9:03:37 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE RAMRAS  maintained his  objection to  Amendment 4.                                                               
He said that if $10,000 is too  low now, ten years from now, with                                                               
inflation,  it  really  will  be  too low.    He  reiterated  his                                                               
previous comments regarding attracting high quality talent.                                                                     
                                                                                                                                
9:05:36 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE LYNN reiterated that he  agrees there is a need to                                                               
attract and retain talented [public  officers], but said, "Talent                                                               
needs to include ... ethics."                                                                                                   
                                                                                                                                
9:05:52 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  GARDNER  concurred  [with  Representative  Lynn].                                                               
She emphasized  the importance of discouraging  participation out                                                               
of self-interest,  and encouraging  participation for  the public                                                               
good.                                                                                                                           
                                                                                                                                
9:06:12 AM                                                                                                                    
                                                                                                                                
VICE  CHAIR  GATTO stressed  the  importance  of counting  public                                                               
perception,  which  currently  may  be  that  "we  might  be  ...                                                               
straying a little bit beyond the bar."                                                                                          
                                                                                                                                
9:06:31 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE LYNN stated his support of [Amendment 4].                                                                        
                                                                                                                                
9:06:56 AM                                                                                                                    
                                                                                                                                
A  roll call  vote  was taken.    Representatives Lynn,  Gardner,                                                               
Gruenberg,   and   Gatto  voted   in   favor   of  Amendment   4.                                                               
Representatives Ramras  and Elkins voted against  it.  Therefore,                                                               
Amendment 4 passed by a vote of 4-2.                                                                                            
                                                                                                                                
9:08:04 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE GARA  made it clear  that he would  have preferred                                                               
that the amount had stayed at  $5,000; however, since it did not,                                                               
he recommended  deleting the language following  "5,000" on lines                                                               
9 and 10.                                                                                                                       
                                                                                                                                
9:09:24 AM                                                                                                                    
                                                                                                                                
VICE CHAIR GATTO moved Amendment 5, as follows:                                                                                 
                                                                                                                                
     Page 2, line 9:                                                                                                            
     Between "$5,000" and "."                                                                                                   
        Delete "or one percent of the total value of the                                                                    
     business, whichever is less"                                                                                           
                                                                                                                                
9:10:09 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE RAMRAS  objected to  Amendment 5  and the  bill in                                                               
general, using the expression that "it stinks."                                                                                 
                                                                                                                                
9:10:25 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE   GRUENBERG,   as   a  point   of   order,   asked                                                               
Representative Ramras to rephrase his opinion.                                                                                  
                                                                                                                                
9:10:51 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  RAMRAS substituted  the  word  "stinks" to  opine                                                               
that   the   bill    is,   although   well-intentioned,   "poorly                                                               
constructed, ... narrow, and short-sighted."                                                                                    
                                                                                                                                
9:11:17 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE LYNN  said he thinks  any committee member  has an                                                               
obligation  to speak  freely.   He said,  "If we  think something                                                               
stinks - rightly or wrongly - I  think we ought to be able to say                                                               
it.  Last I heard, we still have the First Amendment."                                                                          
                                                                                                                                
VICE  CHAIR  GATTO indicated  that  that  is true;  however,  any                                                               
individual is able to respond to  a statement.  He said he thinks                                                               
Representative Gruenberg's  comment was just as  appropriate.  He                                                               
redirected the committee's focus to Amendment 5.                                                                                
                                                                                                                                
9:11:31 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE RAMRAS withdrew his objection to Amendment 5.                                                                    
                                                                                                                                
VICE  CHAIR GATTO  asked if  there was  any further  objection to                                                               
Amendment 5.  There being none, Amendment 5 was adopted.                                                                        
                                                                                                                                
9:12:26 AM                                                                                                                    
                                                                                                                                
MYRL  THOMPSON,  testifying  on behalf  of  himself,  shared  the                                                               
advise of  his father  to the  committee:  "If  you're ever  in a                                                               
position of  power, and something  comes up that you're  going to                                                               
make a decision  on, and it benefits  you, the thing to  do is to                                                               
recuse yourself.  Or, if  you can't recuse yourself, vote against                                                               
... your benefit."   He said this bill should  be "a no-brainer,"                                                               
especially considering  "what we've been  through."  He  spoke of                                                               
former  Attorney General  Gregg  Renkes.   He  indicated that  he                                                               
witnessed Mr.  Renkes pushing for  something that  would directly                                                               
benefit himself, which Mr. Thompson said  was wrong.  He said the                                                               
general public  has a  huge distrust in  the public  process, and                                                               
"this is just  a simple way of addressing that."   He stated that                                                               
there's  no equating  the  amount of  money  somebody makes  with                                                               
getting  good people  into positions.   He  echoed Representative                                                               
Lynn's  comments  about focusing  on  getting  ethical people  to                                                               
work.   He said, "You  guys need to get  the trust of  the public                                                               
back behind you."                                                                                                               
                                                                                                                                
9:14:26 AM                                                                                                                    
                                                                                                                                
VICE CHAIR GATTO said he thinks  the use of the phrase "you guys"                                                               
is disrespectful.                                                                                                               
                                                                                                                                
9:14:41 AM                                                                                                                    
                                                                                                                                
MR. THOMPSON said he meant no  disrespect.  He continued with his                                                               
testimony.  He  revealed that in the area where  he lives, a poll                                                               
was conducted  and 87  percent of the  people polled  said ethics                                                               
are needed.   He  said it's  because of "the  Renkes issue."   He                                                               
concluded, "This is just a cut and dry problem."                                                                                
                                                                                                                                
9:15:42 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  RAMRAS said  he  shares Mr.  Thompson's point  of                                                               
view  that the  attorney  general's  behavior was  reprehensible.                                                               
Notwithstanding  that,   he  spoke   of  assigning   "a  specific                                                               
incremental value."   He asked, "Do you really  think that that's                                                               
a  viable mechanism  for ascertaining  ethics  in government,  or                                                               
does it become an impediment  to exclude certain people that have                                                               
been successful  in the  private sector from  ... going  into the                                                               
public arena?"                                                                                                                  
                                                                                                                                
9:16:33 AM                                                                                                                    
                                                                                                                                
MR. THOMPSON said he doesn't  really care how much stock somebody                                                               
may  own; all  he/she  has to  do is  "recuse  yourself from  the                                                               
process if something  you own is going to benefit  you, with your                                                               
being in charge of it."                                                                                                         
                                                                                                                                
9:16:51 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE RAMRAS said  recusal is not the gist  of the bill.                                                               
He said  the bill  would put  up a threshold  that says,  "If you                                                               
have accumulated  this much  value, you  can't participate."   He                                                               
said it's discrimination.   He said he finds it  an offensive way                                                               
to deal with the ethics issue.                                                                                                  
                                                                                                                                
9:18:09 AM                                                                                                                    
                                                                                                                                
MR.  THOMPSON said  he takes  exception  to the  practice on  the                                                               
House  floor where  a Representative  recuses him/herself  and is                                                               
then made  to vote anyway.   He said he  thinks that needs  to be                                                               
changed.   He said, "The  matter over on the  administration side                                                               
is  that they're  not recusing  [themselves], and  therefore this                                                               
limit needs to be set.  I mean, it's the public trust."                                                                         
                                                                                                                                
9:18:44 AM                                                                                                                    
                                                                                                                                
VICE CHAIR GATTO said the activities  on the House floor may be a                                                               
subject for a different bill.                                                                                                   
                                                                                                                                
9:18:54 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  GRUENBERG stated  his appreciation  for the  care                                                               
and  interest Mr.  Thompson  has taken  in  the legislature  this                                                               
year.                                                                                                                           
                                                                                                                                
VICE  CHAIR GATTO  ascertained  that  there was  no  one else  to                                                               
testify.                                                                                                                        
                                                                                                                                
9:19:34 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE LYNN stated  his support in holding the  bill.  He                                                               
stated for the record:  "We  worry about a budget deficit, and we                                                               
also need  to be  worrying about  a trust  deficit."   He offered                                                               
further details.                                                                                                                
                                                                                                                                
9:20:23 AM                                                                                                                    
                                                                                                                                
VICE CHAIR GATTO [announced that HB 194 was heard and held].                                                                  
                                                                                                                                
HB 248-PUBLIC RECORDS & POLICE/CORRECT. OFFICERS                                                                              
                                                                                                                                
VICE CHAIR  GATTO announced that  the last order of  business was                                                               
HOUSE  BILL NO.  248,  "An  Act relating  to  the exemption  from                                                               
public inspection  of certain records  and information  of public                                                               
agencies  that   are  compiled  in   connection  with   peace  or                                                               
correctional officers."                                                                                                         
                                                                                                                                
9:21:30 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE GARDNER  moved to  adopt the  committee substitute                                                               
(CS) for  HB 248, Version  24-LS0768\Y, Bannister, 4/11/05,  as a                                                               
work draft.   There being no objection, Version Y  was before the                                                               
committee.                                                                                                                      
                                                                                                                                
9:22:01 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE MIKE  HAWKER, Alaska State  Legislature, presented                                                               
HB 248,  as sponsor.   He  explained the purpose  of the  bill by                                                               
paraphrasing a portion of the sponsor statement, which read:                                                                    
                                                                                                                                
     House Bill  248 will  protect law  enforcement officers                                                                    
     from   being    targeted   for    frivolous   lawsuits.                                                                    
     Currently,  a person  can  request a  copy  of a  peace                                                                    
     officer's  Internal  Affairs  (IA)  files  through  the                                                                    
     Freedom of Information Act.                                                                                                
                                                                                                                                
REPRESENTATIVE HAWKER  directed attention  to page  1, [beginning                                                               
on] line 6 of Version Y, which read:                                                                                            
                                                                                                                                
        (a) Every person has a right to inspect a public                                                                        
        record in the state, including public records in                                                                        
     recorders' offices, except                                                                                                 
                                                                                                                                
REPRESENTATIVE  HAWKER  noted  there  are a  list  of  exceptions                                                               
following that sentence, and the sixth exception read:                                                                          
                                                                                                                                
               (6) records or information compiled for law                                                                      
     enforcement purposes,  but only to the  extent that the                                                                    
     production   of   the   law  enforcement   records   or                                                                    
     information                                                                                                                
                                                                                                                                
REPRESENTATIVE   HAWKER  pointed   out  that   after  the   sixth                                                               
exception,  there  is a  list  "which  puts  a moderator  on  the                                                               
blanket exemption  for law enforcement restrictions."   Version Y                                                               
would  add a  moderator with  [subparagraph (H)],  which read  as                                                               
follows:                                                                                                                        
                                                                                                                                
             (H) would disclose the contents of an                                                                          
        internal investigation or proceeding of a public                                                                    
     agency, except to the extent a court orders otherwise;                                                                 
                                                                                                                                
9:25:22 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  HAWKER stated  that  the change  to the  language                                                               
would  not in  any way  impede the  right of  citizens to  charge                                                               
individual  officers if  they  have truly  been  mistreated.   He                                                               
said, "If  there is  an issue,  an officer of  the court  ... can                                                               
review the  internal records and  determine if they  are relevant                                                               
and appropriate."                                                                                                               
                                                                                                                                
9:26:35 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE    RAMRAS    expressed   his    appreciation    to                                                               
Representative Hawker for bringing forward  the bill.  He said he                                                               
would  like  to hear  about  the  pressure that  law  enforcement                                                               
officers find  themselves under "from the  less savory characters                                                               
that  attack them  and some  of  the defense  attorney's that  go                                                               
after them."                                                                                                                    
                                                                                                                                
9:27:09 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  HAWKERS  deferred  to   a  police  officer  whose                                                               
testimony is forthcoming.                                                                                                       
                                                                                                                                
9:27:45 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE GRUENBERG  stated, "There's  a body of  law that's                                                               
growing up  under the Legislative  Ethics Act, and  I'm wondering                                                               
if this will overturn any of that body of law."                                                                                 
                                                                                                                                
9:28:50 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  HAWKER said  he  doesn't know,  but he  suggested                                                               
that  the  question would  be:    "To  what degree  would  ethics                                                               
information  be compiled  for law  enforcement,  rather than  ...                                                               
legislative compliance?"                                                                                                        
                                                                                                                                
9:29:29 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE GRUENBERG stated  for the record that  he does not                                                               
think  that  "this  amendment"  is   intended  to  apply  to  the                                                               
Legislative Ethics Act.                                                                                                         
                                                                                                                                
9:30:43 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE HAWKER, in response to  a question from Vice Chair                                                               
Gatto, said [HB 248] "would not  apply to those of us running for                                                               
public  office,"  but  he  said  he  believes  there  is  similar                                                               
legislation surfacing that would address that issue.                                                                            
                                                                                                                                
9:31:17 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  GARDNER  asked what  the  mechanism  would be  by                                                               
which somebody  would find out  if a member  of the public  had a                                                               
legitimate concern.                                                                                                             
                                                                                                                                
9:31:48 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE    HAWKER   responded,    "We're   carving    out,                                                               
specifically, the  exception in this statute  that these internal                                                               
investigations   and  (indisc.   -  overlapping   voices)  agency                                                               
proceedings are  protecting, except  to the  extent that  a court                                                               
orders otherwise."                                                                                                              
                                                                                                                                
9:32:27 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  GRUENBERG said  he  doesn't see  a definition  of                                                               
"law  enforcement purposes"  in  AS 40.25.100-220.    He said  he                                                               
would like to  work with Representative Hawker to  determine if a                                                               
definition is necessary.                                                                                                        
                                                                                                                                
9:33:50 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE HAWKER  said he would  argue that the  House State                                                               
Affairs Standing  Committee role is  to get to a  public interest                                                               
finding, and  the House Judiciary  Standing Committee  can "craft                                                               
the best language in the legal context."                                                                                        
                                                                                                                                
9:35:19 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  GRUENBERG, in  response to  a question  from Vice                                                               
Chair Gatto regarding  the language on page 2,  line 5, explained                                                               
that "production  of document" is a  term of art in  law, and the                                                               
method of discovery is called, "a motion to produce."                                                                           
                                                                                                                                
9:36:11 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE HAWKER, in response to  a question from Vice Chair                                                               
Gatto, said he is not prepared  to address paragraphs in the bill                                                               
other  than  paragraph (6);  they  are  only listed  as  existing                                                               
statute in order to propose the amendment to the bill.                                                                          
                                                                                                                                
9:38:05 AM                                                                                                                    
                                                                                                                                
EVERETT  ROBBINS, testifying  on behalf  of the  Anchorage Police                                                               
Department  Employees' Association,  noted  that he  is a  police                                                               
officer in Anchorage, Alaska.   He said [Version Y] would prevent                                                               
opportunists  from  getting into  police  records  to figure  out                                                               
"whether  or not  there's  a lawsuit  there."   He  noted that  a                                                               
traffic  officer,  over  the  course of  a  year,  will  probably                                                               
generate a  number of complaints, most  of which are going  to be                                                               
unsubstantiated.   However,  there  will be  a  trail of  written                                                               
documentation of those complaints that  someone could follow.  He                                                               
said, "We're  not trying to  prevent those files from  ever being                                                               
opened."   He  added  that if  a person  thinks  he/she has  been                                                               
wrongly arrested  or detained and  sues the police  department, a                                                               
judge  can look  at  the records  "in camera"  to  "see if  those                                                               
records  are  pertinent  to  move  over  to  trial  basis."    He                                                               
concluded, "We don't want to take away anybody's rights."                                                                       
                                                                                                                                
9:42:03 AM                                                                                                                    
                                                                                                                                
JULI  LUCKY, Staff  to Representative  Mike Hawker,  Alaska State                                                               
Legislature,  on   behalf  of  Representative   Hawker,  sponsor,                                                               
explained that "in camera" means in [the judge's] chambers.                                                                     
                                                                                                                                
9:43:52 AM                                                                                                                    
                                                                                                                                
MR.  ROBINS,  in  response  to  a  question  from  Representative                                                               
Gardner,  offered   his  understanding   that  there   are  three                                                               
conclusions  possible:   sustained, "unsustained,"  or unfounded.                                                               
In response to a follow-up  question from Representative Gardner,                                                               
he said an "unsustained" complaint  is one that is dropped, while                                                               
an unfounded  complaint is  one that  is baseless  or false.   He                                                               
reviewed the  process by which a  judge would make a  decision in                                                               
camera.                                                                                                                         
                                                                                                                                
9:46:17 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE GARDNER said, "So,  essentially what you're trying                                                               
to  do is  avoid  fishing  expeditions which  might  result in  a                                                               
suit."                                                                                                                          
                                                                                                                                
9:46:28 AM                                                                                                                    
                                                                                                                                
MR. ROBINS answered in the affirmative.                                                                                         
                                                                                                                                
9:46:54 AM                                                                                                                    
                                                                                                                                
VICE CHAIR GATTO closed public testimony.                                                                                       
                                                                                                                                
REPRESENTATIVE LYNN stated, "We have  an obligation to do what we                                                               
can to protect the officers who try to protect us."                                                                             
                                                                                                                                
REPRESENTATIVE GARDNER stated that she  is glad to see that there                                                               
is recourse  for those individuals  who may truly be  wronged and                                                               
have grounds for a lawsuit.                                                                                                     
                                                                                                                                
9:47:09 AM                                                                                                                    
                                                                                                                                
[HB 248 was heard and held.]                                                                                                  
                                                                                                                                
ADJOURNMENT                                                                                                                   
                                                                                                                                
There being no  further business before the  committee, the House                                                               
State  Affairs  Standing  Committee   meeting  was  adjourned  at                                                               
9:47:19 AM.                                                                                                                   

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