03/12/2015 08:00 AM Senate STATE AFFAIRS
| Audio | Topic |
|---|---|
| Start | |
| SB63 | |
| Confirmation Hearing: Commissioner, Department of Military and Veterans Affairs | |
| SB4 | |
| SB24 | |
| Adjourn |
+ teleconferenced
= bill was previously heard/scheduled
| + | TELECONFERENCED | ||
| *+ | SB 63 | TELECONFERENCED | |
| += | SB 4 | TELECONFERENCED | |
| += | SB 24 | TELECONFERENCED | |
| += | SB 62 | TELECONFERENCED | |
| + | TELECONFERENCED |
ALASKA STATE LEGISLATURE
SENATE STATE AFFAIRS STANDING COMMITTEE
March 12, 2015
8:03 a.m.
MEMBERS PRESENT
Senator Bill Stoltze, Chair
Senator John Coghill, Vice Chair
Senator Charlie Huggins
Senator Lesil McGuire
Senator Bill Wielechowski
MEMBERS ABSENT
All members present
COMMITTEE CALENDAR
SENATE BILL NO. 63
"An Act naming the state library, archives, and museum building
in Juneau."
- MOVED CSSB 63(STA) OUT OF COMMITTEE
SPONSOR SUBSTITUTE FOR SENATE BILL NO. 4
"An Act relating to financial disclosures required of
legislators, legislative directors, public members of the Select
Committee on Legislative Ethics, and public officials."
- MOVED SSSB 4 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."
- HEARD & HELD
CONFIRMATION HEARING
Commissioner, Department of Military and Veterans Affairs
Col. Laurie Hummel
- CONFIRMATION ADVANCED
SENATE BILL NO. 62
"An Act relating to the regulation of marijuana, marijuana
testing, marijuana products, and marijuana accessories; relating
to the licensing of marijuana retailers, producers, processors,
boutique producers, brokers, and home growers; relating to
taxation of marijuana; and providing for an effective date."
- SCHEDULED BUT NOT HEARD
PREVIOUS COMMITTEE ACTION
BILL: SB 63
SHORT TITLE: NAMING STATE LIBRARY & MUSEUM
SPONSOR(s): SENATOR(s) EGAN
02/27/15 (S) READ THE FIRST TIME - REFERRALS
02/27/15 (S) STA
03/12/15 (S) STA AT 8:00 AM BUTROVICH 205
BILL: SB 4
SHORT TITLE: FINL. DISCLOSURE: LEGIS AND PUB OFFICIALS
SPONSOR(s): SENATOR(s) GIESSEL
01/21/15 (S) PREFILE RELEASED 1/9/15
01/21/15 (S) READ THE FIRST TIME - REFERRALS
01/21/15 (S) STA, JUD
01/26/15 (S) SPONSOR SUBSTITUTE INTRODUCED-REFERRALS
01/26/15 (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
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
WITNESS REGISTER
SENATOR DENNIS EGAN
Alaska State Legislature
Juneau, Alaska
POSITION STATEMENT: Sponsor of SB 63.
REPRESENTATIVE NEAL FOSTER
Alaska State Legislature
Juneau, Alaska
POSITION STATEMENT: Testified on SB 63.
CATHRYN FOSTER, Widow
late Representative Richard Foster
Richland, Washington
POSITION STATEMENT: Testified on SB 63.
RICHARD FOSTER
Son of the late Representative Richard Foster
Nome, Alaska
POSITION STATEMENT: Co-Sponsor of SB 63.
LINDA THIBODEAU, Director
Division of Libraries, Archives, and Museums
Department of Education and Early Development
Juneau, Alaska
POSITION STATEMENT: Presented information on SB 63.
COLONEL LAURIE HUMMEL, Commissioner-designee
Department of Military & Veterans Affairs (DMVA)
Anchorage, Alaska
POSITION STATEMENT: Presented information related to her
confirmation hearing.
SENATOR CATHY GIESSEL
Alaska State Legislature
Juneau, Alaska
POSITION STATEMENT: Sponsor of SB 4.
VIVIAN STIVER, Staff
Senator Cathy Giessel
Alaska State Legislature
Juneau, Alaska
POSITION STATEMENT: Explained changes in SB 4.
PAUL DAUPHINAIS, Executive Director
Alaska Public Offices Commission
Anchorage, Alaska
POSITION STATEMENT: Answered questions related to SB 4.
KATHIE WASSERMAN, Executive Director
Alaska Municipal League
Juneau, Alaska
POSITION STATEMENT: Testified in support of SB 4.
SENATOR BERTA GARDNER
Alaska State Legislature
Juneau, Alaska
POSITION STATEMENT: Sponsor of SB 24.
T.J. PRESLEY, Staff
Senator Berta Gardner
Alaska State Legislature
Juneau, Alaska
POSITION STATEMENT: Provided information on SB 24.
JERRY ANDERSON, Administrator
Legislative Ethics Committee
Anchorage, Alaska
POSITION STATEMENT: Provided information on SB 24.
ACTION NARRATIVE
8:03:57 AM
CHAIR BILL STOLTZE called the Senate State Affairs Standing
Committee meeting to order at 8:03 a.m. Present at the call to
order were Senators Coghill, Huggins, and Chair Stoltze. Senator
Wielechowski arrived shortly thereafter.
SB 63-NAMING STATE LIBRARY & MUSEUM
8:04:27 AM
CHAIR STOLTZE announced the consideration of SB 63.
SENATOR DENNIS EGAN, Alaska State Legislature, sponsor of SB 63,
explained that the bill names the state library, archives, and
museum (SLAM) building for Father Andrew P. Kashevaroff in honor
of his countless contributions to preserving Alaska history. The
SLAM will preserve the history of the people, the state, and the
territory of Alaska. Father Kashevaroff was a statewide figure
of Aleut and Russian descent, who traveled all over the state.
He was married to an Alaska Native woman from Sitka.
He thanked Chair Stoltze and Senator Huggins for their proposal
to name a reading room in SLAM after the late-Representative
Richard Foster. He said Richard spent a lot of time in the
archives reading history and it is fitting that the reading room
be named after him.
8:06:51 AM
SENATOR HUGGINS thanked those who worked on the amendment
honoring Richard Foster, who was an institution in the
legislature. He said they looked for something that was fitting,
professional, and deserving to bear Richard Foster's name - the
reading room.
SENATOR HUGGINS moved to adopt Amendment 1, labeled 29-
LS0546\A.2, which would name the reading room in SLAM the
Representative Richard Foster Reading Room.
AMENDMENT 1
OFFERED IN THE SENATE BY SENATORS HUGGINS, STOLTZE
TO: SB 63
Page 1, line I, following "Juneau":
Insert "and the public reading room in that
building"
Page 4, line5:
Delete "Museum."
Insert "Museum, and Representative Richard Foster
Reading Room. (a)"
Page 1, following line 6:
Insert a new subsection to read:
"(b) The public reading room in the state library, archives, and
museum building in Juneau is named the Representative Richard
Foster Reading Room."
CHAIR STOLTZE objected.
REPRESENTATIVE NEAL FOSTER, Alaska State Legislature, testified
on SB 63. He recognized family members on line.
CATHRYN FOSTER, Widow of the late Representative Richard Foster,
thanked the sponsor for honoring her husband in this way. She
said Richard loved going to the archives room as an escape and
enjoyed reading about the history of Nome and the Bering Straits
Region.
8:10:22 AM
RICHARD FOSTER, Son of the late Representative Richard Foster,
testified on SB 63. He thanked everyone for their work on the
bill. He recalled his dad's interest in Alaska history and
shared what the honor means to the family.
REPRESENTATIVE FOSTER voiced appreciation from the Foster family
for the naming of the archives room after his dad, Richard
Foster. He shared that one of his dad's favorite things to do
was find old newspaper clippings about people's families and
make copies to give to their relatives. He also recalled stories
about how things used to be 100 years ago. His dad often would
be absent for a vote and would have to be called back to
session.
CHAIR STOLTZE removed his objection. There being no further
objections, Amendment 1 was adopted.
He noted the arrival of Senator McGuire.
He recognized the addition of Senators Coghill, McGuire, and
Wielechowski as sponsors to Amendment 1.
SENATOR HUGGINS told a Richard Foster story about shooting.
SENATOR MCGUIRE stated her appreciation for Richard Foster. She
shared stories about him.
REPRESENTATIVE FOSTER recalled his dad's nickname - "machine gun
Foster."
LINDA THIBODEAU, Director, Division of Libraries, Archives, and
Museums, Department of Education and Early Development,
testified on SB 63. She noted the SLAM project is on time and on
budget. She said she also has fond memories of Representative
Foster and would be happy to post an appropriate biography
nearby.
CHAIR STOLTZE noted two zero fiscal notes.
He closed public testimony.
8:22:35 AM
SENATOR HUGGINS moved to report SB 63, as amended, from
committee with individual recommendations and attached fiscal
notes. There being no objection, CSSB 63(STA) moved from
committee.
8:23:10 AM
At ease
^CONFIRMATION HEARING: Commissioner, Department of Military and
Veterans Affairs
CONFIRMATION HEARING
Commissioner, Department of Military and Veterans Affairs
Colonel Laurie Hummel
8:25:16 AM
CHAIR STOLTZE announced a confirmation hearing for the
Commissioner of the Department of Military and Veterans Affairs
(DMVA).
8:25:37 AM
COLONEL LAURIE HUMMEL, Commissioner-designee, Department of
Military & Veterans Affairs (DMVA), presented information
related to her confirmation hearing. She provided information
about her background. She said she was in a military family and
spent time in remote areas as a child. She always knew she
wanted to be a soldier. Her father encouraged her to go to
college and become a commissioned officer, so she attended West
Point. She related that she was naïve and experienced pressures
and challenges. She said that there were 53 women in her
graduation class. She shared her experience in various modes of
serving; military intelligence officer, human resources, and
equal opportunity management.
8:32:14 AM
COLONEL HUMMEL said in 1998 she made a hard decision when
stationed in Alaska and was selected for battalion command in
the field army, but also as Professor of Military Science for an
ROTC program at Oregon State University, and a tenured position
at the U.S. Military Academy in the Department of Geography and
Environmental Engineering. She opted to teach and mentor at the
military academy. She went to the University of Colorado at
Boulder and earned a Ph.D. in geography where she researched
Military Investment in Alaska during the Cold War period. She
visited many installations in Alaska, a life-changing
opportunity. She concluded that she was an Alaskan and she would
return to Alaska as her adopted home.
She spoke of her time in West Point as an instructor. In the
summer of 2008 she became a part of an interdisciplinary team
that did an external evaluation on the Human Terrain System. She
explained that the Human Terrain System attempts to leverage
social and environmental science expertise for the betterment of
sound decisions in the field. Teams of academics were embedded
in brigade combat teams in support of staff functions and
command decisions. A group looked at how well the program
worked.
She related that she was able to volunteer on two occasions to
go to Afghanistan as an academic advisory and as a senior mentor
to leadership. She said she was on a team that enabled the
process needed to effect the entry of the first women cadets to
the National Military Academy of Afghanistan in 2012.
8:39:00 AM
COLONEL HUMMEL said she retired in 2012 after 30 years of active
duty service and moved back to Alaska. She said she has been a
National Guard spouse since 2001, which has opened her eyes to
the unique components of the Guard. She said she also learned
about the Reserve and Guard when serving abroad. She understood
that the Reserve and Guard sacrifice in many more ways than
active duty soldiers. She shared some of the hardships they
experienced.
She talked about watching the 297th Battlefield Surveillance
Brigade activate and go to war for 15 months. She said she
realized the importance of the Reserve and Guard in combat areas
and to communities.
8:42:59 AM
COLONEL HUMMEL spoke of the difficulty of retiring. She shared
the great opportunity she has now to work as the Commissioner of
the Department of Military and Veterans Affairs (DMVA). She
described some of the services DMVA provides. She thanked the
committee for listening to her story.
8:45:33 AM
CHAIR STOLTZE asked Ms. Hummel to describe her two roles.
COLONEL HUMMEL explained as Commissioner she works on various
activities for the state in the DMVA, such as homeland security,
emergency management, Veterans Affairs, and the Alaska Military
Youth Academy. She said she also works as the Commander of the
National Guard, Naval Militia and the Alaska State Defense
Force. She said she is a state employee and a soldier and paid
by both federal and state governments. She added that sometimes
she wears both hats at once and has to be deliberate about
income and human resources.
8:47:27 AM
SENATOR WIELECHOWSKI thanked Ms. Hummel for her service. He said
she has an impressive resume and Alaska is fortunate to have her
serve in the Guard. He inquired what she would like to convey to
those who have never served about those who have served.
COLONEL HUMMEL replied that one-half of one percent of the U.S.
population is in service. Many more Alaskans are directly
connected to service. She said she made her decision to join the
military in 1978 during the Cold War. She stated she is
immensely impressed by the persons who have joined up to serve
during the time of war. She spoke of the sacrifices military
soldiers encounter and said she honors those who serve. She
shared a story of a family she met at West Point and her job in
funeral duty to hand a flag to a widow. She described a quote
from a funeral card. She said she uses that family's
selflessness as an inspiration of selflessness for herself.
8:55:06 AM
SENATOR HUGGINS asked how she separates her roles.
COLONEL HUMMEL explained that she retired as a colonel with a
federal rank, and now she is a Brigadier General in the Active
Reserves of the Alaska National Guard, as appointment by the
Governor in Alaska. She is going through the federal approval
process to recognize that same rank.
SENATOR HUGGINS asked about the number of stars allowed in
Alaska.
COLONEL HUMMEL thought there could be up to three stars allowed
in Alaska. The goal of the National Guard Bureau is to have all
adjutants general be major generals. There is no commander
relationship between the Alaska National Guard and National
Guard Bureau, which advises and provides resources. She
explained without being a viable partner, Alaska's resourcing
will diminish. She stressed the importance of good working
relations and of the Alaska National Guard for defense,
especially in light of Arctic strategy. Alaska has to be
relevant and ready.
9:01:20 AM
SENATOR HUGGINS said he was a combat soldier. He questioned her
ability to lead at her age.
COLONEL HUMMEL said the motto of military intelligence is
"always out front" and today everyone is out front. In terms of
physical readiness she said she has some injuries. She said went
through a medical evaluation process in order to be reinstated
and she is fit. She said soldiers look for command presence and
she qualifies in spite of a VA disability. She said it is a 24/7
job and she has to take care of herself.
SENATOR HUGGINS asked about nepotism and the investigation into
the Guard.
COLONEL HUMMEL said there is a statute prohibiting nepotism in
state government. A Commissioner's close relative cannot be
employed in the same department. She explained that her husband
was a Brigade Commander in the Alaska Army National Guard, so
the plan is that he will stay a member of the Army National
Guard, but will not work there and instead will work in the
National Guard Bureau J-3 section. Alaska's nepotism laws are
more stringent than in other states.
9:12:37 AM
SENATOR MCGUIRE said she is impressed with Ms. Hummel's
qualifications. She noted that gender is sometimes an issue. She
said she is proud of Ms. Hummel as a role model. She spoke of
the recent investigation into the Alaska National Guard and said
she is waiting for Judge Collins' report. She stressed the
importance of morale in the National Guard and the perception of
the inability to report sexual harassment. She requested to know
how Ms. Hummel plans to turn the morale around.
COLONEL HUMMEL said one of the problems that came out of the
investigation was command climate, such as a feeling of
powerlessness to have a voice. She stressed that the first key
to change is hope. She opined that due to the broad changes at
the top, there is now a broad feeling of hope. The next
important step is to go beyond hope to begin "walking the walk"
by establishing doctrine-based processes that are known,
deliberate, repeatable, and relatively transparent. She provided
an example of jockeying and politicking for getting jobs, rather
than advancement based on qualifications. There is now a process
to gather information about potential candidates and their
qualifications and includes input from other leaders. She
concluded that it could be made more deliberate by advertising
what will be discussed regarding positions. She said that
predictability combined with a standard process and
representation of leadership should dispel the perception of
"clubiness" or "boys' club". Most people in the organization are
ready for that change; those who are not need to exit. There
also needs to be ways to recognize good performances and
increase the esprit de corps.
9:24:07 AM
SENATOR MCGUIRE asked about prevention and response programs on
the issue of sexual harassment and sexual assault.
COLONEL HUMMEL recognized the work of Brigadier General Mike
Bridges who led the way during the investigation. She listed the
findings of fault: sexual assault, equal opportunity and equal
employment opportunity, law enforcement, military justice, and
command climate, as well as fraud, which was addressed by an
audit. The Guard initiated an implementation planning team. They
created a robust training program to educate, assess, and assist
with sexual assault prevention and response. They devised a
"commander on the spot assessment" for evaluating the reporting
of sexual abuse and assault. Corrections were made to the
reporting chain of the Sexual Assault Prevention and Response
Coordinator (SARC) who is now in Colonel Hummel's office. There
is a special victim's counselor, an attorney who will advise
victims of sexual assault. There is a full-time state equal
employment manager.
She continued to say that the Guard has done a thorough re-
training of equal opportunity personnel who can now train
others. There is now a full-time provost marshal who is an
Anchorage police officer and an active duty Guard member. There
is an Adverse Action Blotter Report to manage and improve
transparency on corrective actions and to build morale. There is
an increased focus on mentorship programs to help
professionalize Guard relationships. Also, there is an improved
process for officer and enlisted assignments and promotions so
that it is fair and deliberate and without politicking. She gave
full credit to General Bridges for these improvements.
9:34:22 AM
COLONEL HUMMEL said she will focus on communication with the
troops to find out their needs. She pointed out that commanders
need better information in their training programs and courses.
Staff support should make life easier for commanders to receive
excellent training.
9:35:41 AM
SENATOR COGHILL noted entry into the Guard is voluntary and has
a variety of missions. He asked what is working well and what
can be improved.
COLONEL HUMMEL spoke to meaningful missions in the Air National
Guard first. She said their federally enacted missions, which
are more than in any other state, are naturally meaningful.
There are resources available, the missions are relevant, and
airmen are motivated. The Army National Guard is more of a
challenge because it does not have federal missions and their
training is for things that may or may not happen, such as
emergency preparedness and combat skills. A small, full-time
force is authorized to engender the conditions for the regular
soldiers to come to training on their weekends and 15 days of
active duty training. She said in her estimation, too much time
is spent on "make work projects" that do not go to the core for
preparedness for soldiers. She opined that improvements need to
be made in meaningful training.
9:40:13 AM
SENATOR COGHILL asked about lessons learned from previous
deployments that would lead back to basics.
COLONEL HUMMEL replied that they learned that taking care of
family is a basic need. Also, soldiers need to have full
confidence in the competence of their leadership, so the
professional education training of leadership is important.
9:43:03 AM
CHAIR STOLTZE asked about the Kodiak Launch Project.
COLONEL HUMMEL said she would not speak for General Campbell.
She related that there is a unique new opportunity to launch a
satellite family. People are paying more attention to the Arctic
where there will be more need than ever for geographic
information. She opined there are good things ahead for the
launch facility.
CHAIR STOLTZE asked if there is a future for Alaska State
Defense Force (ASDF).
COLONEL HUMMEL hoped so, however, she said that National Guard
Regulation 10-4 has emasculated ASDF and no federal funds are
available for it. The department may ask for state money for
ASDF training. All states that have a state defense force are
banning together to form a caucus to meet with Congressional
delegations to state their case.
CHAIR STOLTZE appreciated that effort.
CHAIR STOLTZE asked about declining recruitment and retention in
rural Alaska.
9:47:16 AM
COLONEL HUMMEL spoke of the value of all the networks in rural
areas. She said the Governor is invested in renewing the Guard
in rural areas. She pointed out that she has put together a
Commander's Action Group and the Commissioner's Task Force to
research state travel initiatives and the relationship between
the Guard and rural areas.
She said she is addressing increasing recruiting and retention
in rural areas. She proposed to bring back a National Guard
counter-drug program - drug demand reduction. It consists of
federal resourcing to help educate and reduce drug use in the
force. Currently, there is no counter-drug program in the
National Guard. She said it is a learning process to get the
funding back. Also, there is a need for medical waivers for
rural recruits due to the common problem of hearing loss. There
is also a need for educational waivers in rural areas. She said
she needs to petition the federal government to make amendments
to the joint travel regulation in order to allow rural soldiers
to travel to drill centers. She said she also needs to find ways
for professional military education and advanced civilian
education for rural soldiers so they can raise their rank. She
stressed the importance of making it known in Washington that
Alaska is different. She opined that Alaska needs to think
beyond the National Guard when it comes to rural engagement and
leverage other sections of DMVA to enable improvements in
recruiting and retention in rural areas.
9:53:30 AM
CHAIR STOLTZE thanked Colonel Hummel.
[The name Colonel Laurie Hummel for Commissioner of the
Department of Military & Veterans Affairs was forwarded to the
full legislature sitting in joint session for a vote.]
9:53:58 AM
At ease
SB 4-FINL. DISCLOSURE: LEGIS AND PUB OFFICIALS
9:55:21 AM
CHAIR STOLTZE announced the consideration of SB 4.
SENATOR CATHY GIESSEL, Alaska State Legislature, sponsor of SB
4, explained that the bill changes the filing date for the
Annual Public Official Financial Disclosure required by the
Alaska Public Offices Commission (APOC) from March 15th of each
year to May 15th of each year. It affects all citizens serving
on certain boards and commissions, municipal officers, and
public officials such as legislators. Some municipalities have
opted out of this disclosure date.
She pointed out that the required financial documents must be
accurate and are required by the IRS. Many of those who must
file own their own businesses and do not have their financial
information ready by March 15. She referred to a document in
members' packets entitled "APOC Civil Assessments" that lists
possible assessed penalties for inaccurate filings. She noted
letters of support for the bill.
9:58:40 AM
She said SB 4 does not change what will be disclosed, it only
offers an opportunity to ensure 100 percent accurate
disclosures.
VIVIAN STIVER, Staff, Senator Cathy Giessel, Alaska State
Legislature, explained changes in the bill. It changes the date
to May 15 and lists who is required to file.
SENATOR HUGGINS asked why it was written as March 15 originally.
MS. STIVER understood that the date was chosen because it was
during the legislative session and a financial disclosure is
required. She pointed out that legislators must file a financial
disclosure when they run for state office and, if elected, or if
a person is appointed to a commission or board, they must file
again within 30 days. The requirement to file was to give voters
a chance to see a candidate's financial interests.
SENATOR HUGGINS asked if both he and his wife have to file by
March 15.
MS. STRIVER said yes.
SENATOR HUGGINS asked where the information is stored.
MS. STRIVER said it is stored on line. She did not know if the
public was aware of those documents.
SENATOR HUGGINS recalled issues in the past in the legislature
and knee-jerk reactions to them. He preferred a date based on
the people, not the legislature. He said many may want to run
for office, but don't want to show their financial interests. He
spoke in support of the bill.
10:04:35 AM
CHAIR STOLTZE related that the change was made to March 15 in
1998, as an amendment. The original date was February 15 and
coincided with APOC disclosure deadlines.
PAUL DAUPHINAIS, Executive Director, Alaska Public Offices
Commission, offered to answer questions related to SB 4.
CHAIR STOLTZE asked for APOC's opinion of the bill.
MR. DAUPHINAIS said APOC is against changing the date for
reasons of transparency, but would enforce the deadline as the
legislature sees fit.
10:07:11 AM
KATHIE WASSERMAN, Executive Director, Alaska Municipal League,
testified in support of SB 4. She said the change will help
attract people to run for offices.
CHAIR STOLTZE closed public testimony.
10:08:37 AM
SENATOR HUGGINS asked Mr. Dauphinais about his comment regarding
transparency.
MR. DAUPHINAIS clarified that when APOC took its position on the
bill they were concerned about the legislature and the
possibility of a legislator running for office, submitting a
financial disclosure, and then potentially signing business
contracts, and not having to file a disclosure statement until
after the session was over and voting on issues was in the past.
SENATOR HUGGINS noted that before legislators vote they must
declare a conflict of interest.
MR. DAUPHINAIS said that provision is under the Legislative
Ethics Act, not APOC.
SENATOR HUGGINS said it is the same thing.
MR. DAUPHINAIS had no response.
SENATOR HUGGINS said he is not trying to get special
consideration for legislators and is thinking more about other
people who are required to file.
CHAIR STOLTZE asked the sponsor if she has considered separating
legislators out.
10:12:10 AM
SENATOR GIESSEL maintained that legislators face the same
accuracy issues and are subject to the same fines.
CHAIR STOLTZE noted a zero fiscal note.
SENATOR WIELECHOWSKI said he is concerned with pushing the date
back for legislators because the public wants to see
legislators' financial disclosures. He encouraged separating out
legislators, even though it is sometimes a challenge to get the
paperwork done. Candidates have to fill out disclosures. A
better policy is to keep the date where it is.
CHAIR STOLTZE also had concerns, but wanted to move the bill. He
maintained it was a straightforward change and he supports
moving the bill out of committee.
SENATOR COGHILL said the difference between legislators and
others is that there is a higher level of scrutiny and
accountably required of legislators. He said he does not mind
disclosing his finances and supports the change of dates.
10:18:31 AM
CHAIR STOLTZE said he does not have conflicts to disclose.
SENATOR COGHILL moved to report SSSB 4 from committee with
individual recommendations and attached zero fiscal note. There
being no objection, the motion carried.
10:19:09 AM
At ease
SB 24-LEGIS. ETHICS ACT: CONTRACTORS, INTERNS
10:21:13 AM
CHAIR STOLTZE announced the consideration of SB 24.
SENATOR BERTA GARDNER, Alaska State Legislature, sponsor of SB
24, explained the bill is a "clean up bill" and is at the
request of the Legislative Ethics Office. About a year ago the
outgoing administrator of Legislative Ethics discovered a
statute that had not been enforced and deemed it needed some
changes.
T.J. PRESLEY, Staff, Senator Berta Gardner, Alaska State
Legislature, provided information on SB 24. Through a routine
advisory opinion process, the Legislative Ethics Administrator
discovered that independent contractors and consultants were
considered legislative employees in statute and were subject to
the ethics code. The statute said that all the requirements of
legislative employees must be levied on the independent
contractors and consultants. He used West Law Dictionary as an
example of a contractor and said it is not practical or feasible
to ask such a contractor or a corporation to fill out the
required paperwork.
He related that in 2012 interns and volunteers were given their
own place in the Ethics Act and now legislation is needed to fix
the problem of the contractors and consultants. The Legislative
Ethics Committee established a subcommittee with Senator Gardner
and Representative Millet to establish legislation that would
fix the problem.
10:25:12 AM
MR. PRESLEY concluded that they came up with a solution that
included a focus on conflicts of interest and unethical conduct.
He referred to recommendations by Legislative Ethics
subcommittee followed when writing SB 24. The bill puts
independent contractors and consultants into their own category
in the Ethics Act, with reasonable, enforceable requirements.
10:26:50 AM
JERRY ANDERSON, Administrator, Legislative Ethics Committee,
provided information on SB 24. He said the bill is the product
of 14 months of meetings. He noted the subcommittee did
extensive work on the bill. He said the bill is important to
delineate the exact sections of the Ethics Act that apply to
contractors. Contractors are not subject to the training
requirements. It is an important bill.
CHAIR STOLTZE asked for the Ethics Committee's opinion of the
bill.
MR. ANDERSON said the Ethics Committee supports the bill.
SENATOR WIELECHOWSKI noted the legislature hires a lot of
consultants. He voiced concern about a consultant who is a
client of the oil industry.
MR. PRESLEY replied that there is contract language in place
regarding unethical conduct. There is an expectation of no
conflict of interest in contract matters. However, enforcement
is another issue.
SENATOR WIELECHOWSKI summarized that the change SB 24 provides
is that contractors would not have to file a financial
disclosure form.
MR. PRESLEY referred to challenges other states have had when
dealing with ethics and subcontractors. He questioned the
problems with determining if contractors are legislature
employees. The Ethic Statutes list what provisions apply to
independent contractors and consultants.
10:33:47 AM
SENATOR GARDNER pointed out that this proposal is not endorsed
by the Ethics Committee as a whole, but by the administrator and
the out-going administrator, by a public member who is an ethics
attorney, and by the chair.
CHAIR STOLTZE asked for something in writing.
SENATOR GARDNER said the Ethics Committee did request the
legislation, but did not take a vote to endorse it.
CHAIR STOLTZE asked for the process in writing.
10:35:03 AM
SENATOR MCGUIRE noted the matrix of other states and she read
from Connecticut's: "For most purposes a consultant is neither a
public nor state official and therefore not subject to the State
Ethics Act." She said another provision applies to contractors
and consultants and prohibits the consultant's use of
confidential information, the acceptance of other state
contracts which would impair their judgement, or the acceptance
or giving of anything of value that influences a consultant's
actions. She said she liked that statement and saw it as getting
to the core of the issue.
She voiced concern about good people not applying for positions
because they don't want to deal with all the filing
requirements. She also had concerns about a consultant's fear of
political ramifications from ethics complaints. She gave an
example of an LB&A chair who might hire an oil and gas
consultant who is targeted with an ethics complaint by
dissatisfied opposition.
10:37:59 AM
SENATOR HUGGINS said he understands the need for ethics
committees, but they don't make dishonest people honest. He
opined it was not the oil and gas industry that had the greatest
conflicts of interest, but workers compensation consultants. He
recommended hiring consultants that are honest.
10:40:11 AM
SENATOR GARDNER summarized that currently contracts and
consultants are subject to the entire ethics code and the bill
tries to keep that which is meaningful and workable and get rid
of what does not work. She concluded, "There is a place that
protects our interest and allows us to move forward in a
meaningful way without creating mountains of data."
CHAIR STOLTZE held SB 24 in committee.
10:41:32 AM
There being nothing further to come before the committee, Chair
Stoltze adjourned the Senate State Affairs Standing Committee at
10:41 p.m.