SB 13-BAN CONSULTING CONTRACTS WITH LEGISLATORS    1:36:25 PM CHAIR FRENCH announced the consideration of SB 13. He highlighted the two opinions from legal services addressing aspects of SB 13 that were raised during the previous hearing. The first order of business, he said, is to adopt Version \K committee substitute (CS) as the working document. SENATOR HUGGINS motioned to adopt CSSB 13(JUD), labeled 25- LS0106\K, as the working document. CHAIR FRENCH announced that without objection, Version \K CS is before the committee. He recapped that the first question centers on language in Section 1 and whether it would prohibit a legislator from communicating with constituents by newsletter or other means if the communication is paid for by private funds or from a poet account. Basically, the opinion says no, but an important footnote highlights that there are separate legal restrictions on the management and use of poet funds that may affect the publication of newsletters. Thus, the real issue is the use of office account or public funds for those communications. The second question relates to the definition of "legislative action" and "administrative action." The issue is whether the prohibition on performing legislative action or administrative action includes researching a bill. The example asked whether a legislator/lawyer who researches a bill would be doing legislative action and therefore subject to an ethics violation claim. "The gist of the opinion is essentially no; that it wouldn't be an Ethics Act violation," he stated. 1:40:01 PM SENATOR McGUIRE referenced the question and asked if the 30-day prohibition refers to a general election or a primary election. CHAIR FRENCH replied he would take it to be either 30 days before a primary election or 30 days before a general election. SENATOR McGUIRE asked if "a state election" is clear enough. CHAIR FRENCH said in his opinion it is clear, but he would defer to the committee. SENATOR McGUIRE asked if he is saying that it is 30 days before the primary followed by a gap and then 30 days before the general election. CHAIR FRENCH replied this law reads that way. 1:41:46 PM CHAIR FRENCH summarized an email he received from former Alaska State Senator Drue Pearce expressing concern that the phrase "and for one year thereafter" on page 7, line 13, would have prohibited her from leaving state employment and going to work for the federal government. That is not what we are intending, he emphasized. CHAIR FRENCH motioned to delete "and for one year thereafter" from page 7, line 13. SENATOR THERRIAULT recapped that former Senator Pearce is serving as the federal pipeline coordinator for which there is tremendous benefit to the State of Alaska. She wants to make sure that changing jobs as she did would not be preempted in the future. CHAIR FRENCH said the global notion and the real idea behind Section 6, which is the heart of the bill, is to keep legislators from wearing two hats while in the legislature. Taking that phrase out doesn't weaken the bill, he stated. 1:44:17 PM SENATOR HUGGINS said although he doesn't disagree, he questions the potential abuses. [Example was not audible.] CHAIR FRENCH recapped the prohibitions against lobbying immediately after leaving the legislature and voting to increase a particular salary in anticipation of moving into that position. SENATOR THERRIAULT offered the view that the state has benefited from former Senator Pearce's change in employment and it would not be wise to strike the bill so tightly that the same thing could not occur in the future. 1:46:18 PM CHAIR FRENCH, finding no further discussion or objection, announced that Amendment 1 is adopted. CHAIR FRENCH reminded members that Section 6 is the idea behind the original version of the bill. The rest of the provisions stem from suggestions made by the Select Committee on Legislative Ethics. He noted that Joyce Anderson and Brooke Miles are available to answer questions. 1:47:18 PM SENATOR McGUIRE suggested that it would be helpful if legislators could reference a matrix showing the kinds of work that can be done while in office and the kinds of work that can be done one year after leaving office. SENATOR THERRIAULT referenced Section 6 and asked hypothetically if the Republican Party could pay him to be a campaign coordinator in an upcoming election or would he be preempted from taking the job for pay because it is political action. CHAIR FRENCH said his glancing read of the statute is that it would be problematic for a legislator to accept paid political work outside the capitol. SENATOR THERRIAULT agreed that "We shouldn't have the second master for the same work that we're elected to do." But clearly, he argued, the state is not paying me and the people did not elect me to coordinate campaigns. CHAIR FRENCH asked if there were other questions or comments on Senator Therriault's observation. SENATOR HUGGINS suggested the committee ask for an opinion. SENATOR THERRIAULT questioned why "political action" is included because the state doesn't pay legislators for political action. SENATOR THERRIAULT stated for the record that the party has never paid him to perform that function. CHAIR FRENCH announced a brief at ease to look up the definition of "political." 1:52:48 PM CHAIR FRENCH read the following: AS 24.60.990 (13) "political action" means conduct in which public officials, including legislators or legislative employees, use their official position or political contacts to exercise influence on state and local government employees or entities; it includes but is not limited to endorsing and pledging support or actively supporting a legislative matter, a nominee, or a candidate for public office; CHAIR FRENCH said getting paid to support a candidate, getting paid as a political consultant, and getting paid to run a campaign would be prohibited under this provision. "At some level your concern suggests a limitation on a person's right to earn a living outside the building." He stated his preference to leave that in, but he would submit to the will of the committee. SENATOR McGUIRE stated agreement with the chair, but she wanted to make sure that "compensation" in that section means for money. 1:55:12 PM at ease 1:55:48 PM DAVID JONES, Assistant Attorney General, Department of Law, read the following definition: AS 24.60.990(a) (4) "compensation" means remuneration for personal services rendered, including salary, fees, commissions, bonuses, and similar payments, but does not include reimbursement for actual expenses incurred by a person; CHAIR FRENCH found no other areas of concern and asked for the will of the committee. 1:56:48 PM SENATOR McGUIRE motioned to report CSSB 13, Version \K, as amended today, from committee with individual recommendations and attached fiscal note(s). CHAIR FRENCH, finding no objection, announced that CSSB 13(JUD) moves from committee. 1:57:32 PM at ease