Legislature(1997 - 1998)

1997-04-18 Senate Journal

Full Journal pdf

1997-04-18                     Senate Journal                      Page 1279
SB 105                                                                       
SENATE BILL NO. 105 An Act relating to legislative ethics;                     
relating to the filing of disclosures by certain legislative employees         
and officials; and providing for an effective date was read the                
second time.                                                                   
                                                                               
Senator Duncan called the Senate.  The call was satisfied.                     
                                                                               
Senator Pearce moved and asked unanimous consent for the adoption              
of the Finance Committee Substitute offered on page 1163.  Senator             
Duncan objected, then withdrew his objection.   There being no                 
further objections, CS FOR SENATE BILL NO. 105(FIN) An Act                     
relating to legislative and executive branch ethics; relating to               
campaign finances for candidates for the legislature; relating to the          
conduct and regulation of lobbyists with respect to public officials;          
relating to the filing of disclosures by certain state employees and           
officials; making a conforming amendment to the definition of                  
public official for employment security statutes; and providing for            
an effective date was adopted and read the second time.                        

1997-04-18                     Senate Journal                      Page 1280
SB 105                                                                       
Senator Phillips offered Amendment No. 1 :                                      
                                                                               
Page 6, line 11, through page 7, line 3:                                       
	Delete all material and insert:                                               
   "* Sec. 6.  AS 24.45  is amended by adding a new section to               
read:                                                                          
 Sec. 24.45.165.  Spouses and cohabitants of legislators,                     
legislative employees, and state officials.  (a)  A spouse of or a            
person cohabiting with a legislator, legislative employee, or a state          
official may not engage in lobbying the executive branch of state              
government or the legislature during the legislator's term of office or        
during the legislative employee's or state official's service as a             
legislative employee or state official.                                        
 (b)  In this section,                                                         
(1)  "engage in lobbying" means to act as a lobbyist;                          
		(2)  "legislative employee" has the meaning given in                         
AS 24.60.990;                                                                  
(3)  "person cohabiting with" means a person who                               
is cohabiting with another person in a conjugal relationship that is           
not a legal marriage;                                                          
		(4)  "state official" has the meaning given in AS                            
39.52.960."                                                                    
                                                                               
Page 14, lines 4 - 13:                                                         
	Delete all material.                                                          
                                                                               
Renumber the following bill sections accordingly.                              
                                                                               
Page 48, lines 5 - 15:                                                         
	Delete all material.                                                          
                                                                               
Reletter the following subsection accordingly.                                 
                                                                               
Page 58, line 8:                                                               
	Delete "secs. 87 - 92"                                                        
	Insert "secs. 86 - 91"                                                        
                                                                               
                                                                               

1997-04-18                     Senate Journal                      Page 1281
SB 105                                                                       
Page 58, line 23:                                                              
	Delete "and 111"                                                              
	Insert "and 110"                                                              
                                                                               
Page 58, line 24:                                                              
	Delete "111, and 112"                                                         
	Insert "110, and 111"                                                         
                                                                               
Page 58, line 26:                                                              
	Delete "4 - 110"                                                              
	Insert "4 - 109"                                                              
                                                                               
Senator Phillips moved for the adoption of Amendment No. 1.                    
Objections were heard.  Senator Phillips moved and asked unanimous             
consent that he be allowed to withdraw his motion.  Without                    
objection, it was so ordered.                                                  
                                                                               
Senator Duncan offered Amendment No. 2 :                                        
                                                                               
Page 1, line 1:                                                                
	Delete "and executive branch"                                               
                                                                               
Page 1, line 4:                                                                
	Delete "state"                                                              
	Insert  "legislative"                                                       
                                                                               
Page 1, lines 4 - 5:                                                           
	Delete "making a conforming amendment to the definition                      
of public official for employment security statutes;"                         
                                                                               
Page 4, line 14, through page 6, line 6:                                       
	Delete all material.                                                          
                                                                               
Renumber the following bill sections accordingly.                              
                                                                               
Page 33, line 6, through page 58, line 12:                                     
	Delete all material.                                                          
                                                                               
                                                                               

1997-04-18                     Senate Journal                      Page 1282
SB 105                                                                       
Renumber the following bill sections accordingly.                              
                                                                               
Page 58, line 23:                                                              
	Delete "111"                                                                  
	Insert  "59"                                                                  
                                                                               
Page 58, line 24:                                                              
	Delete "111, and 112"                                                         
	Insert  "59, and 60"                                                          
                                                                               
Page 58, line 26:                                                              
	Delete "110"                                                                  
	Insert  "58"                                                                  
                                                                               
Senator Duncan moved for the adoption of Amendment No. 2.                      
Senator Halford objected.                                                      
                                                                               
The question being: Shall Amendment No. 2 be adopted?  The roll                
was taken with the following result:                                           
                                                                               
CSSB 105(FIN)                                                                  
Second Reading                                                                 
Amendment No. 2                                                                
                                                                               
YEAS:  4   NAYS:  13   EXCUSED:  3   ABSENT:  0                              
                                                                               
Yeas:  Adams, Duncan, Lincoln, Mackie                                          
                                                                               
Nays:  Donley, Green, Halford, Kelly, Leman, Miller, Parnell,                  
Pearce, Phillips, Sharp, Torgerson, Ward, Wilken                               
                                                                               
Excused:  Ellis, Hoffman, Taylor                                               
                                                                               
and so, Amendment No. 2 failed.                                                
                                                                               
Senator Duncan offered Amendment No. 3 :                                        
                                                                               
Page 1, lines 1 - 2:                                                           
	Delete "relating to campaign finances for candidates for                     
the legislature"                                                              
                                                                               

1997-04-18                     Senate Journal                      Page 1283
SB 105                                                                       
	Insert "relating to the disposition of unused campaign                       
contributions by a candidate elected to the legislature; relating to           
campaign fund raising during a legislative session"                           
                                                                               
Senator Duncan moved for the adoption of Amendment No. 3.                      
Senator Pearce objected.                                                       
                                                                               
The question being: Shall Amendment No. 3 be adopted?  The roll                
was taken with the following result:                                           
                                                                               
CSSB 105(FIN)                                                                  
Second Reading                                                                 
Amendment No. 3                                                                
                                                                               
YEAS:  4   NAYS:  13   EXCUSED:  3   ABSENT:  0                              
                                                                               
Yeas:  Adams, Duncan, Kelly, Lincoln                                           
                                                                               
Nays:  Donley, Green, Halford, Leman, Mackie, Miller, Parnell,                 
Pearce, Phillips, Sharp, Torgerson, Ward, Wilken                               
                                                                               
Excused:  Ellis, Hoffman, Taylor                                               
                                                                               
and so, Amendment No. 3 failed.                                                
                                                                               
Amendments No. 4 and 5 were not offered.                                       
                                                                               
Senator Phillips offered Amendment No. 6 :                                      
                                                                               
Page 6, line 11, through page 7, line 3:                                       
	Delete all material and insert:                                               
   "* Sec. 6.  AS 24.45  is amended by adding a new section to               
read:                                                                          
 Sec. 24.45.165.  Spouses and cohabitants of legislators. (a)                
A spouse of or a person cohabiting with a legislator may not engage            
in lobbying the executive branch of state government or the                    
legislature during the legislator's term of office.                            
 (b)  In this section,                                                         
                                                                               
                                                                               

1997-04-18                     Senate Journal                      Page 1284
SB 105                                                                       
(1)  "engage in lobbying" means to act as a lobbyist;                          
(2)  "person cohabiting with" means a person who                               
is cohabiting with another person in a conjugal relationship that is           
not a legal marriage."                                                         
                                                                               
Page 14, line 6:                                                               
	Delete  "legislator or"                                                       
                                                                               
Page 14, line 7:                                                               
	Delete "legislator's or"                                                      
                                                                               
Page 14, lines 7 - 8:                                                          
	Delete "legislator or"                                                        
                                                                               
Page 14, line 10:                                                              
	Delete "legislator or"                                                        
                                                                               
Reletter the following subsection accordingly.                                 
                                                                               
Senator Phillips moved for the adoption of Amendment No. 6.                    
Objections were heard.                                                         
                                                                               
The question being: Shall Amendment No. 6 be adopted?  The roll                
was taken with the following result:                                           
                                                                               
CSSB 105(FIN)                                                                  
Second Reading                                                                 
Amendment No. 6                                                                
                                                                               
YEAS:  12   NAYS:  5   EXCUSED:  3   ABSENT:  0                              
                                                                               
Yeas:  Adams, Duncan, Green, Halford, Kelly, Leman, Lincoln,                   
Mackie, Miller, Phillips, Ward, Wilken                                         
                                                                               
Nays:  Donley, Parnell, Pearce, Sharp, Torgerson                               
                                                                               
Excused:  Ellis, Hoffman, Taylor                                               
                                                                               
and so, Amendment No. 6 was adopted.                                           
                                                                               
                                                                               

1997-04-18                     Senate Journal                      Page 1285
SB 105                                                                       
Senator Phillips offered Amendment No. 7 :                                      
                                                                               
Page 6, line 11, through page 7, line 3:                                       
	Delete all material and insert:                                               
   "* Sec. 6.  AS 24.45  is amended by adding a new section to               
read:                                                                          
 Sec. 24.45.165.  Spouses and cohabitants of state officials.                
(a)  A spouse of or a person cohabiting with a state official may not          
engage in lobbying the executive branch of state government or the             
legislature during the state official's service as a state official.           
 (b)  In this section,                                                         
(1)  "engage in lobbying" means to act as a lobbyist;                          
(2)  "person cohabiting with" means a person who                               
is cohabiting with another person in a conjugal relationship that is           
not a legal marriage;                                                          
		(3)  "state official" has the meaning given in AS                            
39.52.960."                                                                    
                                                                               
Page 48, lines 5 - 15:                                                         
	Delete all material.                                                          
                                                                               
Reletter the following subsection accordingly.                                 
                                                                               
Senator Phillips moved for the adoption of Amendment No. 7.                    
Objections were heard.                                                         
                                                                               
Senator Kelly moved and asked unanimous consent that he be                     
allowed to abstain from voting due to a conflict of interest.                  
Objections were heard and Senator Kelly was required to vote.                  
                                                                               
The question being: Shall Amendment No. 7 be adopted?  The roll                
was taken with the following result:                                           
                                                                               
                                                                               

1997-04-18                     Senate Journal                      Page 1286
SB 105                                                                       
                                                                               
CSSB 105(FIN) am                                                               
Second Reading                                                                 
Amendment No. 7                                                                
                                                                               
YEAS:  7   NAYS:  10   EXCUSED:  3   ABSENT:  0                              
                                                                               
Yeas:  Donley, Halford, Leman, Miller, Phillips, Ward, Wilken                  
                                                                               
Nays:  Adams, Duncan, Green, Kelly, Lincoln, Mackie, Parnell,                  
Pearce, Sharp, Torgerson                                                       
                                                                               
Excused:  Ellis, Hoffman, Taylor                                               
                                                                               
and so, Amendment No. 7 failed.                                                
                                                                               
Senator Mackie offered Amendment No. 8 :                                        
                                                                               
Pages 46 and 47,                                                               
	Delete from page 46, line 22 through page 47, line 3.                         
                                                                               
Senator Mackie moved for the adoption of Amendment No. 8.                      
Objections were heard.                                                         
                                                                               
The question being: Shall Amendment No. 8 be adopted?  The roll                
was taken with the following result:                                           
                                                                               
CSSB 105(FIN) am                                                               
Second Reading                                                                 
Amendment No. 8                                                                
                                                                               
YEAS:  5   NAYS:  12   EXCUSED:  3   ABSENT:  0                              
                                                                               
Yeas:  Adams, Duncan, Leman, Lincoln, Mackie                                   
                                                                               
Nays:  Donley, Green, Halford, Kelly, Miller, Parnell, Pearce,                 
Phillips, Sharp, Torgerson, Ward, Wilken                                       
                                                                               
Excused:  Ellis, Hoffman, Taylor                                               
                                                                               
and so, Amendment No. 8 failed.                                                
                                                                               
                                                                               

1997-04-18                     Senate Journal                      Page 1287
SB 105                                                                       
Senator Donley offered Amendment No. 9 :                                        
                                                                               
Page 1, line 2:                                                                
	Delete "for the legislature"                                                
	Insert "for state office"                                                   
                                                                               
Page 1, line 11:                                                               
	Delete "the state legislature"                                            
	Insert "state office"                                                     
                                                                               
Page 1, line 13, through page 2, line 2:                                       
	Delete ", and the candidate or individual is a member of the                  
legislature, or employed as a member of the legislator's staff or as           
a member of the staff of a legislative committee"                              
	Insert "ª, AND THE CANDIDATE OR INDIVIDUAL IS A                               
MEMBER OF THE LEGISLATURE, OR EMPLOYED AS A                                    
MEMBER OF THE LEGISLATOR'S STAFF OR AS A MEMBER                                
OF THE STAFF OF A LEGISLATIVE COMMITTEEß"                                      
                                                                               
Page 2, following line 2:                                                      
	Insert a new bill section to read:                                            
   "* Sec. 2.   AS 15.13.074(c) is amended to read:                          
	(c)  A person or group may not make a contribution                            
		(1)  to a candidate for governor or lieutenant                               
governor or an individual who files with the commission the                    
document necessary to permit that individual to incur certain                  
election-related expenses as authorized by AS 15.13.100 for governor           
or lieutenant governor, when the office is to be filled at a general           
election, before the later of the following dates:                             
		(A)  the date the individual                                                
		(i)  becomes a candidate; or                                               
		(ii)  files with the commission the                                        
document necessary to permit the individual to incur                           
certain election-related expenses as authorized by AS                          
15.13.100; or                                                                  
		(B)  January 1 of the year of the general                                   
election;                                                                      
                                                                               
                                                                               

1997-04-18                     Senate Journal                      Page 1288
SB 105                                                                       
		(2)  to a candidate for state office ªTHE STATE                          
LEGISLATUREß or an individual who files with the commission the                
document necessary to permit that individual to incur certain                  
election-related expenses as authorized by AS 15.13.100 for state            
office ªTHE STATE LEGISLATUREß, when the office is to be filled              
at a general election, while the legislature is convened in its regular        
legislative session and before the later of the following dates:               
		(A)  the date the individual                                                
		(i)  becomes a candidate; or                                               
		(ii)  files with the commission the                                        
document necessary to permit the individual to incur                           
certain election-related expenses as authorized by AS                          
15.13.100; or                                                                  
		(B)  January 1 of the year of the general                                   
election;                                                                      
		(3)  to a candidate or an individual who files with                          
the commission the document necessary to permit that individual to             
incur certain election-related expenses as authorized by AS 15.13.100          
for an office that is to be filled at a special election or municipal          
election before the later of the following dates:                              
		(A)  the date the individual                                                
		(i)  becomes a candidate; or                                               
		(ii)  files with the commission the                                        
document necessary to permit that individual to                                
incur certain election-related expenses as authorized                          
by AS 15.13.100;                                                               
		(B)  is nine months before the date of the                                  
general or regular municipal election or that is before the                    
date of the proclamation of the special election at which the                  
candidate or individual seeks election to public office; or                    
		(4)  to any candidate later than the 45th day                                
		(A)  after the date of a primary election if                                
the candidate                                                                  
		(i)  has been nominated at the                                             
primary election or is running as a write-in                                   
candidate; and                                                                 
                                                                               
                                                                               

1997-04-18                     Senate Journal                      Page 1289
SB 105                                                                       
		(ii)  is not opposed at the general                                        
election;                                                                      
		(B) after the date of the primary election if                               
the candidate was not nominated at the primary election; or                    
		(C)  after the date of the general election,                                
or after the date of a municipal or municipal runoff election,                 
if the candidate was opposed at the general, municipal, or                     
municipal runoff election."                                                    
                                                                               
Renumber the following bill sections accordingly.                              
                                                                               
Page 4, following line 13:                                                     
	Insert a new bill section to read:                                            
   "* Sec. 5.  AS 15.13.400 is amended by adding a new paragraph             
to read:                                                                       
		(12)  "state office" includes the office of governor,                        
lieutenant governor, member of the legislature, or similar state               
office."                                                                       
                                                                               
Renumber the following bill sections accordingly.                              
                                                                               
Page 11, line 23:                                                              
	Delete "state legislative campaign"                                           
	Insert "campaign for state office ªSTATE LEGISLATIVE                      
CAMPAIGNß"                                                                     
                                                                               
Page 11,  line 28:                                                             
	Delete "legislative"                                                          
	Insert "office ªLEGISLATIVEß"                                             
                                                                               
Page 11, line 29:                                                              
	Delete "state legislative campaign"                                           
	Insert "campaign for state office ªSTATE LEGISLATIVE                      
CAMPAIGNß"                                                                     
                                                                               
                                                                               

1997-04-18                     Senate Journal                      Page 1290
SB 105                                                                       
Page 33, line 5:                                                               
	Delete "."                                                                    
	Insert ";"                                                                    
                                                                               
Page 33, following line 5:                                                     
	Insert a new paragraph to read:                                               
		"(18)  "state office" includes the office of governor,                       
lieutenant governor, member of the legislature, or similar state               
office."                                                                       
                                                                               
Page 58, line 8:                                                               
	Delete "87 - 92"                                                              
	Insert "89 - 94"                                                              
                                                                               
Page 58, line 15:                                                              
	Delete "sec. 3"                                                               
	Insert "sec. 4"                                                               
                                                                               
Page 58, line 23:                                                              
	Delete "2, 3, and 111"                                                        
	Insert "3, 4, and 113"                                                        
                                                                               
Page 58, line 24:                                                              
	Delete "2, 3, 111, and 112"                                                   
	Insert "3, 4, 113, and 114"                                                   
                                                                               
Page 58, line 26:                                                              
	Delete "Sections 1 and 4 - 110"                                               
	Insert "Sections 1, 2, and 5 - 112"                                           
                                                                               
Senator Donley moved for the adoption of Amendment No. 9.                      
Objections were heard.                                                         
                                                                               
The question being: Shall Amendment No. 9 be adopted?  The roll                
was taken with the following result:                                           
                                                                               
                                                                               

1997-04-18                     Senate Journal                      Page 1291
SB 105                                                                       
                                                                               
CSSB 105(FIN) am                                                               
Second Reading                                                                 
Amendment No. 9                                                                
                                                                               
YEAS:  17   NAYS:  0   EXCUSED:  3   ABSENT:  0                              
                                                                               
Yeas:  Adams, Donley, Duncan, Green, Halford, Kelly, Leman,                    
Lincoln, Mackie, Miller, Parnell, Pearce, Phillips, Sharp, Torgerson,          
Ward, Wilken                                                                   
                                                                               
Excused:  Ellis, Hoffman, Taylor                                               
                                                                               
and so, Amendment No. 9 was adopted.                                           
                                                                               
Senator Leman, Acting Majority Leader, moved and asked unanimous               
consent that the bill be considered engrossed, advanced to third               
reading and placed on final passage.  Senator Mackie objected, then            
withdrew his objection.  There being no further objections, it was so          
ordered.                                                                       
                                                                               
CS FOR SENATE BILL NO. 105(FIN) am was read the third time.                    
                                                                               
The question being: Shall CS FOR SENATE BILL NO. 105(FIN)                      
am An Act relating to legislative and executive branch ethics;                 
relating to campaign finances for candidates for state office; relating        
to the conduct and regulation of lobbyists with respect to public              
officials; relating to the filing of disclosures by certain state              
employees and officials; making a conforming amendment to the                  
definition of public official for employment security statutes; and            
providing for an effective date pass the Senate?  The roll was                 
taken with the following result:                                               
                                                                               
                                                                               

1997-04-18                     Senate Journal                      Page 1292
SB 105                                                                       
                                                                               
CSSB 105(FIN) am                                                               
Third Reading - Final Passage                                                  
Effective Dates                                                                
                                                                               
YEAS:  15   NAYS:  2   EXCUSED:  3   ABSENT:  0                              
                                                                               
Yeas:  Adams, Donley, Duncan, Green, Halford, Kelly, Leman,                    
Mackie, Miller, Parnell, Pearce, Phillips, Torgerson, Ward, Wilken             
                                                                               
Nays:  Lincoln, Sharp                                                          
                                                                               
Excused:  Ellis, Hoffman, Taylor                                               
                                                                               
and so, CS FOR SENATE BILL NO. 105(FIN) am passed the                          
Senate.                                                                        
                                                                               
Senator Leman, Acting Majority Leader, moved and asked unanimous               
consent that the vote on the passage of the bill be considered the             
vote on the effective date clauses.  Without objection, it was so              
ordered.                                                                       
                                                                               
Senator Lincoln gave notice of reconsideration.