Committee approves measure extending confidentiality and privilege for legislative communications

The committee approved a bill that would preserve privileged communications for legislators and legislative employees, including continuing confidentiality after an employee leaves state employment.

Sponsor explained the bill fills a gap in current law and protects communications between legislators, staff and former employees that are working papers or privileged communications. The measure seeks to maintain a level of confidentiality "that we're able to maintain... after employment," the sponsor said.

Members debated criminal penalties included in the language. Senator Tucker and others said criminalizing all unauthorized disclosures risks overreach and suggested limiting penalties to instances where confidential information is used for pecuniary gain. The sponsor said amendments clarify that a person must "knowingly" disclose confidential communications or knowingly use them for personal gain to trigger penalties, and the committee added language to address both concerns.

After discussion, the committee passed the bill as amended by voice vote.