2005-02-23                     House Journal                      Page 0391
                                                                                                    
HCS CSSB 56(FIN)                                                                                    
Second Reading                                                                                      
Amendment No. 1                                                                                     
                                                                                                    
YEAS:  33   NAYS:  4   EXCUSED:  1   ABSENT:  2                                                   
                                                                                                    
Yeas:  Berkowitz, Cissna, Coghill, Crawford, Croft, Dahlstrom,                                      
Elkins, Foster, Gara, Gardner, Gruenberg, Guttenberg, Harris,                                       
Hawker, Holm, Joule, Kapsner, Kelly, Kerttula, Kohring, LeDoux,                                     
Lynn, McGuire, Meyer, Moses, Neuman, Olson, Ramras, Rokeberg,                                       
Salmon, Samuels, Thomas, Wilson                                                                     
                                                                                                    
Nays:  Chenault, Gatto, Stoltze, Weyhrauch                                                          
                                                                                                    
Excused:  Kott                                                                                      
                                                                                                    
Absent:  Anderson, Seaton                                                                           
                                                                                                    
And so, Amendment No. 1 was adopted.                                                                
                                                                                                    
                                                                                                    
Amendment No. 2 was offered  by Representative Berkowitz:                                            
                                                                                                    
Page 1, line 6, following "INTENT":                                                                 
 Insert "FOR SECTIONS 1 and 3 - 35"                                                                 
                                                                                                    
                                                                                                    
Page 2, following line 3:                                                                           
 Insert new bill sections to read:                                                                  
"* Sec. 2.  AS 11.56.850(a) is amended to read:                                                   
     (a)  A public servant commits the crime of official misconduct                                 
    if, with intent to obtain a benefit or to injure or deprive another                             
    person of a benefit, the public servant                                                         
           (1)  performs an act relating to the public servant's                                    
         office but constituting an unauthorized exercise of the public                             
         servant's official functions, knowing that that act is                                     
         unauthorized; [OR]                                                                         
           (2)  knowingly refrains from performing a duty that                                  
         [WHICH] is imposed upon the public servant by law or is                                    
         clearly inherent in the nature of the public servant's office; or                      
           (3)  knowingly takes or withholds official action,                                   
         as "official action" is defined in AS 39.52.960, in order to