SCR 1-UNIFORM RULES: ABSTAIN FROM VOTING  3:32:23 PM CHAIR MEYER announced the consideration of Senate Concurrent Resolution 1 (SCR 1). 3:32:47 PM SENATOR BERTA GARDNER, Alaska State Legislature, Juneau, Alaska, sponsor of SCR 1, noted that the committee heard the resolution last year. 3:33:19 PM At ease. 3:33:37 PM CHAIR MEYER called the committee back to order. He confirmed that SCR 1 was heard in committee on March 7, 2017. 3:34:20 PM NATHANIEL GRABMAN, Staff, Senator Gardner, Alaska State Legislature, Juneau, Alaska, provided an overview of SCR 1 as follows: SCR 1 is about transparency. As you know, when a legislator declares a conflict of interest, Uniform Rule 34(b) requires unanimous consent in order for the requestor to be excused from voting, a single objection is sufficient to overrule the conflict of interest statement. According to the National Conference of State Legislatures, Alaska is the only state which requires unanimous consent in order to abstain from voting in those instances. Under Uniform Rule 34(b) a legislator may not abstain from voting unless they declare a conflict of interest and the entire body agrees; while this may theoretically occur, Legislative Research could not find a single instance of unanimous consent being given with respect to a conflict of interest recusal. This resolution does not change the current process, rather it increases transparency by recording information often hidden from the public; while this information may be recorded on occasion, this is not always the case. This resolution aims to standardize the process by insuring that this information be recorded. If adopted, SCR 1 would require the following three things to be recorded in the journal: the legislator declaring a conflict, the nature of that conflict, and the name of any legislators who would object to the conflict. By increasing transparency this proposal aims to accomplish two ends: first, to better inform the public; and second, to protect legislators by avoiding the appearance of impropriety when there is none. 3:36:17 PM SENATOR GIESSEL remarked that legislators must answer why they introduced legislation and what brought the legislation forward. She asked why SCR 1 was introduced. SENATOR GARDNER explained that people have said legislators vote when they have a conflict of interest or they do not declare a conflict of interest. She said she is not aware of a legislator ever voting when they had a conflict of interest. She emphasized that she is not accusing anybody but asserted that legislators worry about being perceived as failing to disclose that results in people declaring a "perceived" conflict of interest to avoid someone saying, "You didn't ever declare a conflict of interest." SCR 1 puts on the record a person that declares a conflict of interest as well as a person that objects. SENATOR GIESSEL asked if she was implying that legislators with a conflict are still voting and specified as follows: I'm just not quite sure what we are fixing here, whether the person stands up or not in our laws in this state, which is a very small population and a very large piece of geography, all votes count. The statement was made in the introduction that information was being concealed. I am still not quite sure what the problem is. 3:38:36 PM SENATOR GARDNER replied that she has no intention of implying that people are voting when they shouldn't vote and specified as follows: What I'm saying is that all of us should understand that there may very well be a time when somebody should not vote on an issue and we can conceive how that could easily happen; every other state has a variety of ways of dealing with that and we do not. She said her office explored ways to address a conflict of interest but conceded that there is not a perfect way to address the issue. She asserted that if she ever had a conflict of interest, nobody could ever make her vote because voting with a conflict of interest is unethical. She explained that she would "sit there" and try not to be confrontational or defiant; however, she said she would not vote if she had a conflict of interest and suspected that many people would feel the same way. She reiterated that she is not aware of anybody voting with a conflict of interest; however, she noted that there is a perception that legislators vote anyway when they have conflicts of interest. She emphasized that there should be a way for legislators to gracefully put on the record when they should not vote and when somebody does have a conflict of interest, they should not be able to not vote. She set forth that putting a conflict of interest on the record and the ability not to vote is important for the state. She summarized that SCR 1 simply places someone's conflict of interest on the record as well as places the next person that objects on the record too. She reiterated that there is no perfect way to address the conflict of interest procedure. She suggested that a unanimous agreement between the Senate president, minority leader and majority leader could be considered for a person not having to vote; however, she reiterated that she would not vote if she believed that she had a conflict. 3:41:08 PM CHAIR MEYER asked if her intent with SCR 1 is to get somebody on record who objected. SENATOR GARDNER answered correct. CHAIR MEYER asked if she envisioned identifying who should object. SENATOR GARDNER replied that her intention is not to say who should object but to place whoever does object on the record. She opined that caucuses could independently determine that the majority leader or the caucus leader will object. She specified that what she wants is for somebody who does have a conflict of interest to announce versus an announcement like an Alaska Public Offices Commission (APOC) disclosure where an unnecessary disclosure is better than failing to disclose, a process in the Legislature that leads to unnecessary disclosures. 3:43:00 PM SENATOR COGHILL noted his previous experience with objecting on the Senate floor when a legislator gets up to make a declaration but will not ask to be excused from voting. He agreed with Senator Gardner that he does not recall hearing a legislator's conflict reach a level to be excused from voting. He opined that putting the person who objects on the record might make the procedure a political tool rather than a beneficial tool. He remarked that he does not mind having a conflict on the record but opined that placing an objection on the record could become more of a political "lightening rod" rather than an actual declaration. 3:45:47 PM SENATOR GARDNER agreed and noted a situation where she saw an individual make a conflict of interest declaration and then walk out of the room where no one called the individual back. SENATOR COGHILL concurred with Senator Gardner's recollection. SENATOR GARDNER detailed that the person was determined not to vote and not a single person said, "I object." She opined that leaving the room was a graceful way not to vote. She pointed out that someone from a district is elected because of their expertise in an area. When the legislator's expertise is deemed a conflict related to an issue and the person is not allowed to vote, it could be a thorny problem. She opined that sooner or later somebody will have a genuine conflict and should not vote on an issue and there should be a way that not voting can happen. 3:47:30 PM CHAIR MEYER remarked that Senator Gardner brought up a good point where he could see an instance occurring. He continued as follows: But, whenever somebody who works for a union votes on an issue that affects that union, or somebody works for an industry that impacts that industry, they as individuals are not benefitting anymore than anyone else in that union or industry, that's where it gets a little thorny. So, it seems like you've come up with the answer that if someone truly feels like they have a conflict that they could just walk off the floor. SENATOR GARDNER concurred, but pointed out that the legislator with the declared conflict of interest would have to trust that one of their colleagues does not disagree and object. She said the legislator still could leave but somebody could put a "call of the house." She asked how a legislator can be forced to vote, a situation that she does not think anybody wants to happen. She believes that the public wants to know that if a person has a conflict, that they have a way not to vote. CHAIR MEYER commented that in his history in the Legislature he did not recall an issue where someone truly had a conflict of interest and should not have voted. He concurred that legislators have walked off the floor. 3:49:26 PM SENATOR COGHILL stated that the issue Senator Gardner is addressing is a subject that the Legislature has talked about for a long time. He said he was glad Senator Gardner brought the issue up and contended that the Senate floor has "gotten sloppy" through the years on protocol. He pointed out that the rules say a legislator should standup and give a reason and ask to be given the permission to abstain from a vote, a procedure that rarely happens because the conflict is perceived and not a real conflict. He said SCR 1 will make the Legislature have to stand up and take notice. He reiterated that he struggles with the person objecting only because just one person can object and there might be more than one person that objects. He opined that having one person that objects on the record can result in the individual being targeted rather than the issue for the objection being addressed on the record. He summarized that he has been around the process long enough to know that there are the real issues and there are the political issues. SENATOR WILSON agreed with Senator Coghill about putting the reason for the objection on the record. He added that he feared constantly having the name of either the majority leader or minority leader on the record. CHAIR MEYER remarked that Senator Wilson might be saying that nobody would want to be the majority or minority leaders. He asked Senator Gardner to address what would happen after a conflict of interest is stated and somebody objects. He inquired if the legislative body votes. 3:51:41 PM SENATOR GARDNER replied that her office considered having the body vote, but she would not want to vote even if 19 or 21 people voted that she should vote. She asserted that people say legislators vote all the time with a conflict of interest and countered as follows: No, people declare a conflict of interest that may or may not be a real conflict of interest, but there should be a way out, there just should be a way out and I don't know what the answer is, let's see if somebody else has a great answer. CHAIR MEYER stated that he was puzzled with SCR 1 because the resolution does not give somebody a way out and states that the act will be the Legislature's process. SENATOR GARDNER specified that SCR 1 does the following: What it does do is put on the record that somebody who might be accused of having a conflict of interest in voting can say, "I declared a conflict of interest, I described what it was and under the uniform rules because so-and-so objected, I had to vote, I was required to vote under our rules." So, it doesn't change that, you are correct, but it does give the person a defense and the person who objected can defend their own objection. CHAIR MEYER replied that he may be coming around to agreeing with Senator Giessel on the necessity of SCR 1. He pointed out that legislators currently stand up and declare a conflict of interest and when someone objects that results in the individual having to vote. He asked Senator Gardner to verify that SCR 1 is trying to pinpoint the one person who objects. SENATOR GARDNER answered no. She explained that her intent is not to change the statute but to say that when a person states that they voted with a conflict, the person can say they tried not to vote by asking to be excused. She continued as follows: In reality if this passed and there's a record, I think people won't be doing the perceived conflict of interest, they may stand up as Senator Coghill said and describe their position but not ask not to vote and sit down; but, each individual has to draw their own line in knowing their own lives and their own investments and decide for themselves how they want to proceed, that's what we do all of the time. 3:54:40 PM SENATOR COGHILL opined that the real value of SCR 1 would force the conflict of interest declaration to be put in a motion because the act would be recorded with a result that encourages better protocol and behavior. SENATOR GIESSEL stated that she was not sure what Senator Coghill meant by "sloppy in protocol." She asked if it is true that standing up and wishing to be excused from voting is recorded in the minutes of the floor session. SENATOR COGHILL answered that as far as he knew that was true. CHAIR MEYER concurred that if somebody really feels awkward about voting and does not want to vote they should have that option; however, people are elected with known backgrounds where everything is disclosed and in some cases constituents like a legislator's experience and knowledge. 3:56:37 PM CHAIR MEYER [held SCR 1 in committee.]