03/31/2015 09:00 AM Senate STATE AFFAIRS
| Audio | Topic |
|---|---|
| Start | |
| HB56 | |
| SB24 | |
| Adjourn |
+ teleconferenced
= bill was previously heard/scheduled
| + | HB 56 | TELECONFERENCED | |
| += | SB 24 | TELECONFERENCED | |
| + | TELECONFERENCED |
ALASKA STATE LEGISLATURE
SENATE STATE AFFAIRS STANDING COMMITTEE
March 31, 2015
9:01 a.m.
MEMBERS PRESENT
Senator Bill Stoltze, Chair
Senator John Coghill, Vice Chair
Senator Charlie Huggins
Senator Lesil McGuire
MEMBERS ABSENT
Senator Bill Wielechowski
COMMITTEE CALENDAR
HOUSE BILL NO. 56
"An Act establishing Alaska Firefighters' Day."
- MOVED SCS HB 56(STA) OUT OF COMMITTEE
SENATE BILL NO. 24
"An Act relating to the applicability of the Legislative Ethics
Act to legislative interns, legislative volunteers, consultants,
independent contractors, sole proprietorships, and other legal
entities."
- MOVED SB 24 OUT OF COMMITTEE
PREVIOUS COMMITTEE ACTION
BILL: HB 56
SHORT TITLE: ALASKA FIREFIGHTERS' DAY
SPONSOR(s): REPRESENTATIVE(s) LYNN, CLAMAN
01/21/15 (H) PREFILE RELEASED 1/16/15
01/21/15 (H) READ THE FIRST TIME - REFERRALS
01/21/15 (H) STA
02/24/15 (H) STA AT 8:00 AM CAPITOL 106
02/24/15 (H) Moved HB 56 Out of Committee
02/24/15 (H) MINUTE(STA)
02/25/15 (H) STA RPT 6DP
02/25/15 (H) DP: TALERICO, STUTES, LYNN, KREISS-
TOMKINS, GRUENBERG, KELLER
03/02/15 (H) TRANSMITTED TO (S)
03/02/15 (H) VERSION: HB 56
03/04/15 (S) READ THE FIRST TIME - REFERRALS
03/04/15 (S) STA
03/31/15 (S) STA AT 9:00 AM BUTROVICH 205
BILL: SB 24
SHORT TITLE: LEGIS. ETHICS ACT: CONTRACTORS,INTERNS
SPONSOR(s): SENATOR(s) GARDNER
01/21/15 (S) READ THE FIRST TIME - REFERRALS
01/21/15 (S) STA, JUD
03/05/15 (S) STA AT 9:00 AM BUTROVICH 205
03/05/15 (S) Scheduled but Not Heard
03/12/15 (S) STA AT 8:00 AM BUTROVICH 205
03/12/15 (S) Heard & Held
03/12/15 (S) MINUTE(STA)
03/31/15 (S) STA AT 9:00 AM BUTROVICH 205
WITNESS REGISTER
REPRESENTATIVE BOB LYNN
Alaska State Legislature
Juneau, Alaska
POSITION STATEMENT: Sponsor of HB 56.
JEFF TUCKER, Fire Chief
Kenai Fire Department
Kenai, Alaska
POSITION STATEMENT: Supports HB 56.
MARK HALL, Fire Chief
Hilcorp Alaska, LLC
Alaska-North Slope
Prudhoe Bay, Alaska
POSITION STATEMENT: Supports HB 56.
KELLY NICOLELLO, Alaska State Fire Marshal and Director
Division of Fire and Life Safety
Alaska Department of Public Safety
Anchorage, Alaska
POSITION STATEMENT: Supports HB 56.
SENATOR BERTA GARDNER
Alaska State Legislature
Juneau, Alaska
POSITION STATEMENT: Sponsor of SB 24.
THOMAS PRESLEY, Staff
Senator Berta Gardner
Alaska State Legislature
Juneau, Alaska
POSITION STATEMENT: Provided an overview for SB 24.
JOYCE ANDERSON, Contractor
Select Committee on Legislative Ethics
Alaska State Legislature
Juneau, Alaska
POSITION STATEMENT: Addressed questions regarding SB 24.
JERRY ANDERSON, Committee Administrator
Select Committee on Legislative Ethics
Alaska State Legislature
Anchorage, Alaska
POSITION STATEMENT: Addressed questions regarding SB 24.
ACTION NARRATIVE
9:01:21 AM
CHAIR BILL STOLTZE called the Senate State Affairs Standing
Committee meeting to order at 9:01 a.m. Present at the call to
order were Senators Coghill, Huggins, McGuire, and Chair
Stoltze.
HB 56-ALASKA FIREFIGHTERS' DAY
9:01:47 AM
CHAIR STOLTZE announced the consideration of HB 56.
9:02:01 AM
REPRESENTATIVE BOB LYNN, Alaska State Legislature, Juneau,
Alaska, provided a sponsor statement as follows:
There's a special group of people who help us survive.
At the federal level, of course, it's American's
military. At the state and local levels it's first
responders and that includes our Alaska firefighters.
When you're trying to escape a fire, firefighters run
into burning buildings to help us escape. When you
suffer a heart attack or some other medical emergency,
it's our firefighters who rush into our home to save
our lives. When you are trapped in a car from some
horrible accident, it's firefighters who rush to the
scene to rescue us with Jaws of Life. Unless we
survive, all of the other issues and challenges and
opportunities are moot. Alaska's firefighters deserve
their own special day of recognition and I urge you to
pass this bill out of committee. This good bill has
become a better bill when the Chairman included
volunteer firefighters. I urge you to pass the bill.
9:03:36 AM
CHAIR STOLTZE noted that the committee has a committee
substitute (CS) that Representative Lynn referenced. He pointed
out that the CS does not change any substance of the bill. He
added that the CS has a Findings Section that will not be
included in the statutes, but does reflect the contribution of a
large number of folks.
SENATOR MCGUIRE moved to adopt the Senate State Affairs version
for HB 56, [29-LS0241\W] as the working document.
CHAIR STOLTZE objected and explained that he worked closely with
the bill sponsor with the desire to recognize the large number
of people that are not paid professionals.
9:04:23 AM
REPRESENTATIVE LYNN commented that Chairman Stoltze made a good
bill much better.
CHAIR STOLTZE detailed that the bill's Findings Section is only
reflected in the legislative record that the volunteers will be
recognized. He pointed out that service includes non-police,
public safety, dispatchers, wild firefighters and so forth.
9:05:08 AM
CHAIR STOLTZE asked if there were any other objections. He
announced that the CS is before the committee.
9:05:29 AM
JEFF TUCKER, Fire Chief, Kenai Fire Department, Kenai, Alaska,
revealed that he is also the 2nd Vice President for the Alaska
Fire Chiefs Association. He said HB 56 recognizes the
contributions of firefighters across the state, both career and
volunteer firefighters. He pointed out that the bill gives the
state a date to pause, reflect, and celebrate the services that
the men and women firefighters provide for their communities. He
said the Alaska Fire Chiefs Association supports and encourages
the adoption of HB 56.
9:06:24 AM
MARK HALL, Fire Chief, Hilcorp Alaska, LLC, Alaska-North Slope,
Prudhoe Bay, Alaska, said HB 56 is a great thing for all of the
fire-people in the fire-service, including professionals that
volunteers or paid that put their lives on the line. He
concurred with Chief Tucker that HB 56 will establish a great
day for people to just think about what the fire-service does
for their community and what the community does for the service
too.
9:07:45 AM
CHAIR STOLTZE pointed out that firefighting personnel includes
both men and women. He noted that the fire chief at his local
fire department is a woman.
MR. HALL agreed with Chair Stoltze.
9:08:02 AM
KELLY NICOLELLO, Alaska State Fire Marshal, Director, Division
of Fire and Life Safety, Alaska Department of Public Safety,
Anchorage, Alaska, pointed out that there are approximately 1500
firefighters across the state made up of career, municipal,
borough, wildland, and airport firefighters. He added that there
are approximately 6000 volunteer municipal, borough, village,
and wildland firefighters that are all considered professionals
for serving communities with their heart, soul, pocketbooks, and
sometimes their lives. He stated that the vast majority of
firefighters are volunteers who have other fulltime careers. He
said all firefighters dedicate many extra hours to learn, train,
equip, and respond to local emergency situations.
He stated that recognition of Alaska Firefighter Day is a great
way to demonstrate that firefighters' personal involvement means
more than what happens locally. He said that the service
firefighters perform has a direct impact on the quality of life
of those around them and is recognized as a positive
contribution to Alaska as a whole. He summarized that the
recognition of Alaska Firefighter Day during Fire Prevention
Week is appropriate when remembrance is given to those
firefighters who have lost their lives in the performance of
their duties.
9:10:31 AM
SENATOR MCGUIRE stated that she had one amendment for the
committee to consider.
9:11:02 AM
CHAIR STOLTZE asked if there was any other public testimony. He
announced that public testimony was closed.
SENATOR MCGUIRE noted that she serves on the board for the
Alaska Police and Fire Chaplains' Ministries. She pointed out
that chaplains are an amazing part of the fire service. She said
chaplains are people that go on the frontlines and help comfort
families that lost their loved ones.
SENATOR MCGUIRE moved and asked for unanimous consent that on
line 13, after "search and rescue personnel" put a comma and add
"chaplains."
CHAIR STOLTZE asked Senator McGuire to repeat her conceptual
amendment.
SENATOR MCGUIRE restated that on page 1, line 13, after "search
and rescue personnel" insert a comma and add "chaplains, and
countless others beyond the field."
9:12:18 AM
CHAIR STOLTZE found no objection and announced that [Amendment
1] is adopted.
He said he would like to make a personal dedication to two
individuals that put three to four decades in their respective
fire departments near the area where he lives. He cited Charles
Von Gunten from the Butte Volunteer Fire Department and Cliff
Gilmore from the Chugiak Volunteer Fire Department.
9:13:16 AM
SENATOR HUGGINS moved to report the Senate CS for HB 56, version
\W as amended, be moved from committee with individual comments
and zero fiscal note.
9:13:29 AM
CHAIR STOLTZE announced that hearing no objection SCS HB 56(STA)
is reported from Senate State Affairs Standing Committee.
9:13:48 AM
At ease
SB 24-LEGIS. ETHICS ACT: CONTRACTORS, INTERNS
9:15:15 AM
CHAIR STOLTZE announced the consideration of SB 24.
9:15:28 AM
SENATOR BERTA GARDNER, Alaska State Legislature, Juneau, Alaska,
noted that responses will be provided for issues that were
raised when the bill was previously heard in the committee.
9:15:42 AM
THOMAS PRESLEY, Staff, Senator Berta Gardner, Alaska State
Legislature, Juneau, Alaska, explained that two questions came
up during the last committee meeting: which contracts would be
effected by the bill and how the legislation made it through the
Ethics Committee. He noted that documents were provided to the
committee that listed contractors and contracts that would be
effected by the bill. He specified that the bill was unanimously
passed by the Ethics Committee based upon changes recommended by
Joyce Anderson, Daniel Wayne, and Chair Gary Turner.
9:18:06 AM
CHAIR STOLTZE asked that the record show that Jerry Anderson and
Joyce Anderson have no affiliation with one another.
9:18:37 AM
SENATOR HUGGINS opined that ethics cannot be legislated. He
stated that people are what they are. He asked what consultants
will need to do in order to comply.
MR. PRESLEY replied that a handout was provided to the committee
at the previous meeting that listed parts of the Ethics Code
that applies to legislators. He specified that prohibitions
relate to conflicts of interest, restrictions on fund raising,
restrictions on employee candidacies, and protection on whistle
blowers. He concurred with Senator Huggins that legislating
ethics is difficult.
9:20:14 AM
SENATOR HUGGINS replied that he understood the prohibitions. He
asked if consultants would have to be counseled for two hours or
would a document have to be signed that attests to their reading
of the information.
MR. PRESLEY replied that Joyce Anderson and Jerry Anderson will
address Senator Huggins' question. He noted that there was some
discussion about creating a 30 minute online video and a form
that provides information for consultants.
9:21:06 AM
JOYCE ANDERSON, Contractor, Select Committee on Legislative
Ethics, Alaska State Legislature, Juneau, Alaska, noted that she
was the former administrator to the Ethics Committee. She
replied that the training requirement is not going to be
required for independent contractors and consultants. She
explained that the suggestion was the Ethics Office put out a
short video for a contractor or consultant to review as an
option and to sign a form that they are aware of the
requirements. She said there would not be any lengthy training,
approximate time would be 20 minutes.
9:22:19 AM
JERRY ANDERSON, Committee Administrator, Select Committee on
Legislative Ethics, Alaska State Legislature, Juneau, Alaska,
agreed that Ms. Anderson's interpretation is the interpretation
that the Ethics Committee adopted.
SENATOR HUGGINS asked why the Legislature needs to address
ethics applicability changes through a bill. He inquired if the
Ethics Committee has the authority to make the changes on their
own.
MS. ANDERSON replied as follows:
The Ethics Committee through the Legislative Legal
Office has determined that the committee does not have
the authority to make this type of change considering
that independent contractors and consultants are
listed under the definition of legislative employee
and so when you are listed as a legislative employee
you are required to comply with all of the
requirements of the Legislative Ethics Act. So the
committee felt that, and through the legal department,
that they did not have the authority to make the
change without having some sort of legislation passed.
9:23:46 AM
SENATOR HUGGINS replied that he understood. He pointed out that
Ms. Anderson used the term "optional" regarding training.
MS. ANDERSON answered that the training would be optional. She
specified that the requirements that the independent contractors
and consultants would have to follow are stipulated in SB 24.
She said the Ethics Committee felt that training should be
optional and not mandatory, but that the changes should be made
to only require particular parts of the Legislative Ethics Act.
CHAIR STOLTZE asked if legislators will get billed $500 per hour
by their consultants to take their compliance course.
SENATOR GARDNER replied that potentially legislators could be
billed, depending on the terms of their contract. She pointed
out that consultants are subject to all parts of the Legislative
Ethics Act and it does not make sense in all cases.
SENATOR STOLTZE asked if there was anyone else from the public,
state agencies, or contractors that would like to testify. He
noted that the next committee of referral is the Judiciary
Committee.
9:25:27 AM
SENATOR MCGUIRE moved to report SB 24 from committee with
individual recommendations and attached fiscal notes.
9:25:40 AM
CHAIR STOLTZE announced that he will talk to the Senate
President about adding a Finance Committee referral due to the
potential for extra costs for legislative contracts. He asked if
there were any objections to moving the bill out of committee.
SENATOR HUGGINS commented that his hope is that the Legislature
hires people that have a track record and the hiring is
reflective of what the committee addressed in the legislation.
He opined that the bill was the equivalent to "pole vaulting
over mouse dung."
9:26:34 AM
CHAIR STOLTZE announced that there being no objection, SB 24 is
reported from the Senate State Affairs Standing Committee.
9:26:54 AM
There being no further business to come before the committee,
Chair Stoltze adjourned the Senate State Affairs Standing
Committee hearing at 9:26 a.m.
| Document Name | Date/Time | Subjects |
|---|---|---|
| HB56 Support Document - Written Testimony Kelly Nicollelo - Presented in HSTA 2-24-15.pdf |
SSTA 3/31/2015 9:00:00 AM |
HB 56 |
| HB56 Support Document - AK State Firefighters Association list of fallen firefighters - provided by SSTA.pdf |
SSTA 3/31/2015 9:00:00 AM |
HB 56 |
| HB56 - SSTA CS Workdraft version W - 3.27.15.pdf |
SSTA 3/31/2015 9:00:00 AM |
HB 56 |
| SB24 Backup Document - Legislature Contracts - provided by Sen. Gardner.pdf |
SSTA 3/31/2015 9:00:00 AM |
SB 24 |
| SB24 Backup Document - LB&A Current Contracts - provided by Sen. Gardner.pdf |
SSTA 3/31/2015 9:00:00 AM |
SB 24 |