Legislature(2007 - 2008)

2007-04-02 House Journal

Full Journal pdf

2007-04-02                     House Journal                      Page 0647
HB 109                                                                                                                        
The following was read the second time:                                                                                         
                                                                                                                                
    HOUSE BILL NO. 109                                                                                                          
    "An Act relating to the requirement for candidates, groups,                                                                 
    legislators, public officials, and other persons to submit reports                                                          
    electronically to the Alaska Public Offices Commission; relating                                                            
    to disclosures by legislators, public members of the Select                                                                 
    Committee on Legislative Ethics, legislative directors, public                                                              
    officials, and certain candidates for public office concerning                                                              

2007-04-02                     House Journal                      Page 0648
    services performed for compensation and concerning certain                                                                  
    income, gifts, and other financial matters; requiring legislators,                                                          
    public members of the Select Committee on Legislative Ethics,                                                               
    legislative directors, public officials, and municipal officers to                                                          
    make certain financial disclosures when they leave office; relating                                                         
    to insignificant ownership interest in a business and to gifts from                                                         
    lobbyists for purposes of the Alaska Executive Branch Ethics Act;                                                           
    relating to certain restrictions on employment after leaving state                                                          
    service for purposes of the Alaska Executive Branch Ethics Act;                                                             
    and providing for an effective date."                                                                                       
                                                                                                                                
with the:                                                   Journal Page                                                        
                                                                                                                                
 STA RPT CS(STA) NT 3DP 1NR 3AM                                       409                                                       
 FN1: ZERO(ADM)                                                       410                                                       
 FN2: ZERO(LAW)                                                       410                                                       
 JUD RPT CS(JUD) NT 3DP 1NR 3AM                                       596                                                       
 FN1: ZERO(ADM)                                                       597                                                       
 FN2: ZERO(LAW)                                                       597                                                       
                                                                                                                                
Representative Samuels moved and asked unanimous consent that the                                                               
following committee substitute be adopted in lieu of the original bill:                                                         
                                                                                                                                
    CS FOR HOUSE BILL NO. 109(JUD)                                                                                              
    "An Act denying public employee retirement pension benefits to                                                              
    certain legislators, legislative directors, and public officers who                                                         
    commit certain offenses, and adding to the duties of the Alaska                                                             
    Retirement Management Board and to the list of matters governed                                                             
    by the Administrative Procedure Act concerning that denial;                                                                 
    relating to campaign financing and ethics, including disclosures,                                                           
    in state and municipal government, to lobbying, and to                                                                      
    employment, service on boards, and disclosures by certain public                                                            
    officers and employees who leave state or municipal service or                                                              
    leave certain positions in state or municipal government;                                                                   
    restricting representation of others by legislators and legislative                                                         
    employees; relating to blind trusts approved by the Alaska Public                                                           
    Offices Commission; and providing for an effective date."                                                                   
                                                                                                                                
There being no objection, it was so ordered.                                                                                    
                                                                                                                                

2007-04-02                     House Journal                      Page 0649
Amendment No. 1 was offered  by Representative Dahlstrom:                                                                        
                                                                                                                                
Page 13, following line 15:                                                                                                     
    Insert a new bill section to read:                                                                                          
   "* Sec. 20. AS 24.60 is amended by adding a new section to read:                                                           
     Sec. 24.60.075. Compassionate gift exemption. (a)                                                                      
    Notwithstanding AS 24.45.121 and AS 24.60.080, a person may                                                                 
    give a compassionate gift to a legislator or legislative employee,                                                          
    and a legislator or a legislative employee may solicit, receive, or                                                         
    accept a compassionate gift from a person, subject to the                                                                   
    limitations in (b) - (e) of this section.                                                                                   
     (b)  A compassionate gift may not be solicited, accepted, or                                                               
    received unless a written request has been approved in writing by                                                           
    the chair of the legislative council, and the committee chair or                                                            
    vice-chair has approved in writing the decision of the chair of the                                                         
    legislative council.                                                                                                        
     (c)  A legislator or legislative employee may not solicit,                                                                 
    accept, or receive, directly or indirectly, compassionate gifts worth                                                       
    less than $250 that in a calendar year aggregate to $250 or more in                                                         
    value and are from the same person. A legislator or legislative                                                             
    employee who receives a compassionate gift, directly or                                                                     
    indirectly, shall disclose to the committee the name of the gift's                                                          
    source and the value of the gift within 30 days after receipt.                                                              
     (d)  In this section, the value of a gift shall be determined by                                                           
    the fair market value of the gift, to the extent that the fair market                                                       
    value can be determined.                                                                                                    
     (e)  In this section, "compassionate gift" means a solicited or                                                            
    unsolicited gift intended to aid or comfort a recipient or a member                                                         
    of the recipient's immediate family in contending with a                                                                    
    catastrophe, a tragedy, or a health-related emergency."                                                                     
                                                                                                                                
Renumber the following bill sections accordingly.                                                                               
                                                                                                                                
Page 34, line 13:                                                                                                               
 Delete "sec. 51"                                                                                                               
 Insert "sec. 52"                                                                                                               
                                                                                                                                
Page 37, line 20:                                                                                                               
    Delete "sec. 57"                                                                                                            
    Insert "sec. 58"                                                                                                            
                                                                                                                                

2007-04-02                     House Journal                      Page 0650
Page 37, line 21:                                                                                                               
    Delete "sec. 57"                                                                                                            
    Insert "sec. 58"                                                                                                            
                                                                                                                                
Page 37, line 22:                                                                                                               
    Delete "sec. 58"                                                                                                            
    Insert "sec. 59"                                                                                                            
                                                                                                                                
Page 37, line 25:                                                                                                               
    Delete "sec. 58"                                                                                                            
    Insert "sec. 59"                                                                                                            
                                                                                                                                
Page 37, line 26:                                                                                                               
    Delete "sec. 59"                                                                                                            
    Insert "sec. 60"                                                                                                            
                                                                                                                                
Page 37, line 30:                                                                                                               
    Delete "sec. 59"                                                                                                            
    Insert "sec. 60"                                                                                                            
                                                                                                                                
Page 38, line 3:                                                                                                                
    Delete "sec. 43"                                                                                                            
    Insert "sec. 44"                                                                                                            
                                                                                                                                
Page 38, line 5:                                                                                                                
    Delete "39, and 52"                                                                                                         
    Insert "40, and 53"                                                                                                         
                                                                                                                                
Page 38, line 6:                                                                                                                
    Delete "Section 51"                                                                                                         
    Insert "Section 52"                                                                                                         
                                                                                                                                
Page 38, line 7:                                                                                                                
    Delete "secs. 65 and 66"                                                                                                    
    Insert "secs. 66 and 67"                                                                                                    
                                                                                                                                
Representative Dahlstrom moved and asked unanimous consent that                                                                 
Amendment No. 1 be adopted.                                                                                                     
                                                                                                                                
Objection was heard and withdrawn.  There being no further objection,                                                           
Amendment No. 1 was adopted.                                                                                                    
                                                                                                                                

2007-04-02                     House Journal                      Page 0651
Amendment No. 2 was offered  by Representatives Gara, Gardner,                                                                   
Kerttula, and Doll:                                                                                                             
                                                                                                                                
Page 35, line 20, following "$5,000":                                                                                           
    Insert "; however, a personal or financial interest in a matter is not                                                      
    presumed insignificant if the public officer                                                                                
      (1)  is a member of the board of directors or another                                                                     
    governing body of the business;                                                                                             
      (2)  is an elected officer of the business;                                                                               
      (3)  provides or has an option to provide personal or                                                                     
    professional services, for compensation, to the business;                                                                   
      (4)  has a contract with the business; or                                                                                 
      (5)  is an employee of the business"                                                                                      
                                                                                                                                
Representative Gara moved and asked unanimous consent that                                                                      
Amendment No. 2 be adopted.                                                                                                     
                                                                                                                                
There was objection.                                                                                                            
                                                                                                                                
Representative Gara moved and asked unanimous consent to withdraw                                                               
Amendment No. 2.  There being no objection, it was so ordered.                                                                  
                                                                                                                                
Amendment No. 3 was offered  by Representatives Gara, Gardner, and                                                               
Kerttula:                                                                                                                       
                                                                                                                                
Page 35, line 20, following "interest":                                                                                         
   Insert ", including an option to purchase an ownership interest,"                                                           
                                                                                                                                
Representative Gara moved and asked unanimous consent that                                                                      
Amendment No. 3 be adopted.                                                                                                     
                                                                                                                                
Representative Coghill objected and withdrew the objection.  There                                                              
being no further objection, Amendment No. 3 was adopted.                                                                        
                                                                                                                                
Amendment No. 4 was offered  by Representatives Gara, Gardner,                                                                   
Coghill, Roses, Lynn, Doogan, Crawford, and Buch:                                                                               
                                                                                                                                
Page 1, line 1, following "Act" (title amendment):                                                                            
    Insert "relating to bribery, receiving unlawful gratuities, and                                                           
campaign contributions;"                                                                                                      
                                                                                                                                

2007-04-02                     House Journal                      Page 0652
Page 1, following line 11:                                                                                                      
    Insert a new bill section to read:                                                                                          
   "* Section 1. AS 11.56.130 is amended to read:                                                                           
         Sec. 11.56.130. Definition. In AS 11.56.100 - 11.56.130,                                                             
    "benefit" has the meaning ascribed to it in AS 11.81.900 but does                                                           
    not include                                                                                                                 
          (1)  political campaign contributions reported in                                                                     
    accordance with AS 15.13 unless the contribution is made or                                                             
    received in exchange for an agreement to alter an elected                                                               
    official's or candidate's vote or position on a matter the elected                                                      
    official has, or the candidate on election would have, the                                                              
    authority to take official action on; in this paragraph, "official                                                      
    action" has the meaning given in AS 39.52.960;                                                                          
          (2)  concurrence in official action in the cause of                                                                   
    legitimate compromise between public servants; or                                                                           
          (3)  support, including a vote, solicited by a public                                                                 
    servant or offered by any person in an election."                                                                           
                                                                                                                                
Page 1, line 12:                                                                                                                
    Delete "Section 1"                                                                                                        
    Insert "Sec. 2"                                                                                                           
                                                                                                                                
Renumber the following bill sections accordingly.                                                                               
                                                                                                                                
Page 2, line 31:                                                                                                                
    Delete "sec. 4"                                                                                                             
    Insert "sec. 5"                                                                                                             
                                                                                                                                
Page 37, line 20:                                                                                                               
    Delete "sec. 57"                                                                                                            
    Insert "sec. 58"                                                                                                            
                                                                                                                                
Page 37, line 21:                                                                                                               
    Delete "sec. 57"                                                                                                            
    Insert "sec. 58"                                                                                                            
                                                                                                                                
Page 37, line 22:                                                                                                               
    Delete "sec. 58"                                                                                                            
    Insert "sec. 59"                                                                                                            
                                                                                                                                

2007-04-02                     House Journal                      Page 0653
Page 37, line 25:                                                                                                               
    Delete "sec. 58"                                                                                                            
    Insert "sec. 59"                                                                                                            
                                                                                                                                
Page 37, line 26:                                                                                                               
    Delete "sec. 59"                                                                                                            
    Insert "sec. 60"                                                                                                            
                                                                                                                                
Page 37, line 30:                                                                                                               
    Delete "sec. 59"                                                                                                            
    Insert "sec. 60"                                                                                                            
                                                                                                                                
Page 37, line 20, following "(a)":                                                                                              
    Insert a new subsection to read:                                                                                            
         "The amendment of AS 11.56.130(1) made by sec. 1 of this                                                               
    Act applies to offenses occurring on or after the effective date of                                                         
    sec. 1 of this Act."                                                                                                        
                                                                                                                                
Reletter the following subsections accordingly.                                                                                 
                                                                                                                                
Page 38, line 3:                                                                                                                
    Delete "sec. 43"                                                                                                            
    Insert "sec. 44"                                                                                                            
                                                                                                                                
Page 38, line 5:                                                                                                                
    Delete "Sections 5, 39, and 52"                                                                                             
    Insert "Sections 6, 40, and 53"                                                                                             
                                                                                                                                
Page 38, line 6:                                                                                                                
    Delete "Section 51"                                                                                                         
    Insert "Section 52"                                                                                                         
                                                                                                                                
Page 38, line 7:                                                                                                                
    Delete "secs. 65 and 66"                                                                                                    
    Insert "secs. 66 and 67"                                                                                                    
                                                                                                                                
Representative Gara moved and asked unanimous consent that                                                                      
Amendment No. 4 be adopted.  There being no objection, it was so                                                                
ordered and the new title follows:                                                                                              
                                                                                                                                

2007-04-02                     House Journal                      Page 0654
    CS FOR HOUSE BILL NO. 109(JUD) am                                                                                           
    "An Act relating to bribery, receiving unlawful gratuities, and                                                             
    campaign contributions; denying public employee retirement                                                                  
    pension benefits to certain legislators, legislative directors, and                                                         
    public officers who commit certain offenses, and adding to the                                                              
    duties of the Alaska Retirement Management Board and to the list                                                            
    of matters governed by the Administrative Procedure Act                                                                     
    concerning that denial; relating to campaign financing and ethics,                                                          
    including disclosures, in state and municipal government, to                                                                
    lobbying, and to employment, service on boards, and disclosures                                                             
    by certain public officers and employees who leave state or                                                                 
    municipal service or leave certain positions in state or municipal                                                          
    government; restricting representation of others by legislators and                                                         
    legislative employees; relating to blind trusts approved by the                                                             
    Alaska Public Offices Commission; and providing for an effective                                                            
    date."                                                                                                                      
                                                                                                                                
Amendment No. 5 was offered  by Representative LeDoux:                                                                           
                                                                                                                                
Page 17, lines 24 - 25:                                                                                                         
    Delete ", other than a person that is controlled by the legislator                                                      
or legislative employee,"                                                                                                   
                                                                                                                                
Page 18, lines 2 - 4:                                                                                                           
    Delete "another person, other than a person that is controlled                                                          
by the legislator or legislative employee, for compensation, other                                                      
than compensation paid by the state,"                                                                                       
    Insert "any [ANOTHER] person, including the legislator or the                                                       
legislative employee, [FOR COMPENSATION]"                                                                                   
                                                                                                                                
Page 18, line 5, following "branch":                                                                                            
    Insert "unless the representation is part of the legislator's or                                                        
the legislative employee's official duties"                                                                                 
                                                                                                                                
                                                                                                                                
Representative LeDoux moved and asked unanimous consent that                                                                    
Amendment No. 5 be adopted.                                                                                                     
                                                                                                                                
Representative Coghill objected.                                                                                                
                                                                                                                                

2007-04-02                     House Journal                      Page 0655
Representative LeDoux placed a call of the House.                                                                               
                                                                                                                                
The call was satisfied.                                                                                                         
                                                                                                                                
The question being:  "Shall Amendment No. 5 be adopted?"  The roll                                                              
was taken with the following result:                                                                                            
                                                                                                                                
CSHB 109(JUD) am                                                                                                                
Second Reading                                                                                                                  
Amendment No. 5                                                                                                                 
                                                                                                                                
YEAS:  21   NAYS:  16   EXCUSED:  3   ABSENT:  0                                                                              
                                                                                                                                
Yeas:  Buch, Cissna, Crawford, Doll, Doogan, Edgmon, Gara,                                                                      
Gardner, Gatto, Gruenberg, Guttenberg, Holmes, Joule, Kawasaki,                                                                 
Kerttula, Kohring, LeDoux, Lynn, Roses, Salmon, Seaton                                                                          
                                                                                                                                
Nays:  Chenault, Coghill, Dahlstrom, Fairclough, Harris, Hawker,                                                                
Johansen, Johnson, Kelly, Meyer, Neuman, Olson, Ramras, Samuels,                                                                
Thomas, Wilson                                                                                                                  
                                                                                                                                
Excused:  Foster, Nelson, Stoltze                                                                                               
                                                                                                                                
And so, Amendment No. 5 was adopted.                                                                                            
                                                                                                                                
Amendment No. 6 was offered  by Representative Guttenberg:                                                                       
                                                                                                                                
Page 2, lines 6 - 17:                                                                                                           
    Delete all material.                                                                                                        
                                                                                                                                
Renumber the following bill sections accordingly.                                                                               
                                                                                                                                
Page 37, line 20:                                                                                                               
    Delete "sec. 57"                                                                                                            
    Insert "sec. 56"                                                                                                            
                                                                                                                                
Page 37, line 21:                                                                                                               
    Delete "sec. 57"                                                                                                            
    Insert "sec. 56"                                                                                                            
                                                                                                                                
Page 37, line 22:                                                                                                               
    Delete "sec. 58"                                                                                                            
    Insert "sec. 57"                                                                                                            
                                                                                                                                

2007-04-02                     House Journal                      Page 0656
Page 37, line 25:                                                                                                               
    Delete "sec. 58"                                                                                                            
    Insert "sec. 57"                                                                                                            
                                                                                                                                
Page 37, line 26:                                                                                                               
    Delete "sec. 59"                                                                                                            
    Insert "sec. 58"                                                                                                            
                                                                                                                                
Page 37, line 30:                                                                                                               
    Delete "sec. 59"                                                                                                            
    Insert "sec. 58"                                                                                                            
                                                                                                                                
Page 38, line 3:                                                                                                                
    Delete "sec. 43"                                                                                                            
    Insert "sec. 42"                                                                                                            
                                                                                                                                
Page 38, line 5:                                                                                                                
    Delete "Sections 5, 39, and 52"                                                                                             
    Insert "Sections 4, 38, and 51"                                                                                             
                                                                                                                                
Page 38, line 6:                                                                                                                
    Delete "Section 51"                                                                                                         
    Insert "Section 50"                                                                                                         
                                                                                                                                
Page 38, line 7:                                                                                                                
    Delete "secs. 65 and 66"                                                                                                    
    Insert "secs. 64 and 65"                                                                                                    
                                                                                                                                
Representative Guttenberg moved and asked unanimous consent that                                                                
Amendment No. 6 be adopted.                                                                                                     
                                                                                                                                
There was objection.                                                                                                            
                                                                                                                                
Representative Guttenberg moved and asked unanimous consent to                                                                  
withdraw Amendment No. 6.  There being no objection, it was so                                                                  
ordered.                                                                                                                        
                                                                                                                                
Amendment No. 7 was offered  by Representatives Gruenberg,                                                                       
Ramras, Kawasaki, and Gara:                                                                                                     
                                                                                                                                

2007-04-02                     House Journal                      Page 0657
Page 26, line 16:                                                                                                               
    Following "defraud,":                                                                                                       
  Delete "or"                                                                                                                   
    Following "fraud":                                                                                                          
     Insert ", mail fraud, misuse of funds, corruption, or tax                                                                  
    evasion"                                                                                                                    
                                                                                                                                
Representative Gruenberg moved and asked unanimous consent that                                                                 
Amendment No. 7 be adopted.  There being no objection, it was so                                                                
ordered.                                                                                                                        
                                                                                                                                
**Representative Fairclough, who was excused (page 643), left the                                                               
Chamber.                                                                                                                        
                                                                                                                                
Representative Samuels moved and asked unanimous consent that                                                                   
CSHB 109(JUD) am be considered engrossed, advanced to third                                                                     
reading, and placed on final passage.  There being no objection, it was                                                         
so ordered.                                                                                                                     
                                                                                                                                
CSHB 109(JUD) am was read the third time.                                                                                       
                                                                                                                                
The question being:  "Shall CSHB 109(JUD) am pass the House?"                                                                   
The roll was taken with the following result:                                                                                   
                                                                                                                                
CSHB 109(JUD) am                                                                                                                
Third Reading                                                                                                                   
Final Passage                                                                                                                   
                                                                                                                                
YEAS:  36   NAYS:  0   EXCUSED:  4   ABSENT:  0                                                                               
                                                                                                                                
Yeas:  Buch, Chenault, Cissna, Coghill, Crawford, Dahlstrom, Doll,                                                              
Doogan, Edgmon, Gara, Gardner, Gatto, Gruenberg, Guttenberg,                                                                    
Harris, Hawker, Holmes, Johansen, Johnson, Joule, Kawasaki, Kelly,                                                              
Kerttula, Kohring, LeDoux, Lynn, Meyer, Neuman, Olson, Ramras,                                                                  
Roses, Salmon, Samuels, Seaton, Thomas, Wilson                                                                                  
                                                                                                                                
Excused:  Fairclough, Foster, Nelson, Stoltze                                                                                   
                                                                                                                                
And so, CSHB 109(JUD) am passed the House.                                                                                      
                                                                                                                                
Representative Samuels moved and asked unanimous consent that the                                                               
roll call on the passage of the bill be considered the roll call on the                                                         
effective date clauses.  There being no objection, it was so ordered.                                                           
                                                                                                                                

2007-04-02                     House Journal                      Page 0658
CSHB 109(JUD) am was referred to the Chief Clerk for engrossment.