Legislature(2007 - 2008)

2008-04-11 Senate Journal

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2008-04-11                     Senate Journal                      Page 2831
HB 368                                                                                                                        
CS FOR HOUSE BILL NO. 368(FIN) am "An Act amending the                                                                          
Legislative Ethics Act to modify the limitation on political fund                                                               
raising by legislators and legislative employees during legislative                                                             
sessions, to allow legislators and legislative employees to accept                                                              
certain gifts from lobbyists, to clarify the Legislative Ethics Act as it                                                       
relates to legislative volunteers and educational trainees, to reduce the                                                       

2008-04-11                     Senate Journal                      Page 2832
frequency of publication of summaries by the Select Committee on                                                                
Legislative Ethics, and to revise procedures and fines related to the                                                           
late filing of disclosures required by the Legislative Ethics Act" was                                                          
read the second time.                                                                                                           
                                                                                                                                
Senator McGuire, Chair, moved and asked unanimous consent for the                                                               
adoption of the State Affairs Senate Committee Substitute offered on                                                            
page 2775. Without objection, SENATE CS FOR CS FOR HOUSE                                                                        
BILL NO. 368(STA) "An Act relating to allowing legislators and                                                                  
legislative employees to accept certain gifts from lobbyists, to                                                                
clarifying the Legislative Ethics Act as it relates to legislative                                                              
volunteers and educational trainees, to reducing the frequency of                                                               
publication of summaries by the Select Committee on Legislative                                                                 
Ethics, and to revising procedures and fines related to the late filing of                                                      
disclosures required by the Legislative Ethics Act" (Title change SCR
30) was adopted.                                                                                                                
                                                                                                                                
Senator Stevens offered Amendment No. 1 :                                                                                        
                                                                                                                                
Page 1, line 5, following "Act":                                                                                              
     Insert "; amending prohibitions in the Regulation of Lobbying                                                            
Act on gifts to a legislator or legislative employee"                                                                         
                                                                                                                                
Page 1, following line 6:                                                                                                       
     Insert a new bill section to read:                                                                                         
"* Section 1. AS 24.45.121(a) is amended to read:                                                                             
          (a)  A lobbyist may not                                                                                               
              (1)  engage in any activity as a lobbyist before registering                                                      
     under AS 24.45.041;                                                                                                        
              (2)  do anything with the intent of placing a public official                                                     
     under personal obligation to the lobbyist or to the lobbyist's                                                             
     employer;                                                                                                                  
              (3)  intentionally deceive or attempt to deceive any public                                                       
     official with regard to any material fact pertinent to pending or                                                          
     proposed legislative or administrative action;                                                                             
              (4)  cause or influence the introduction of a legislative                                                         
     measure solely for the purpose of thereafter being employed to                                                             
     secure its passage or its defeat;                                                                                          
                                                                                                                                
                                                                                                                                

2008-04-11                     Senate Journal                      Page 2833
              (5)  cause a communication to be sent to a public official                                                        
     in the name of any fictitious person or in the name of any real                                                            
     person, except with the consent of that person;                                                                            
              (6)  accept or agree to accept any payment in any way                                                             
     contingent upon the defeat, enactment, or outcome of any                                                                   
     proposed legislative or administrative action;                                                                             
              (7)  serve as a member of a state board or commission, if                                                         
     the lobbyist's employer may receive direct economic benefit from                                                           
     a decision of that board or commission;                                                                                    
              (8)  serve as a campaign manager or director, serve as a                                                          
     campaign treasurer or deputy campaign treasurer on a finance or                                                            
     fund-raising committee, host a fund-raising event, directly or                                                             
     indirectly collect contributions for, or deliver contributions to, a                                                       
     candidate, or otherwise engage in the fund-raising activity of a                                                           
     legislative campaign or campaign for governor or lieutenant                                                                
     governor if the lobbyist has registered, or is required to register, as                                                    
     a lobbyist under this chapter, during the calendar year; this                                                              
     paragraph does not apply to a representational lobbyist as defined                                                         
     in the regulations of the Alaska Public Offices Commission, and                                                            
     does not prohibit a lobbyist from making personal contributions to                                                         
     a candidate as authorized by AS 15.13 or personally advocating on                                                          
     behalf of a candidate;                                                                                                     
              (9)  offer, solicit, initiate, facilitate, or provide to or on                                                    
     behalf of a person covered by AS 24.60 a gift, other than food or                                                          
     beverage for immediate consumption or a compassionate gift                                                             
     under AS 24.60.075; however, this paragraph does not prohibit a                                                        
     lobbyist from providing                                                                                                    
                   (A)  a gift to a legislator or legislative employee                                                      
          who is a member of the lobbyist's immediate family as                                                             
          defined in AS 24.60.990(a), if the gift is unconnected to the                                                     
          recipient's legislative status;                                                                                   
                   (B)  tickets to a charity event described in                                                             
          AS 24.60.080(a)(2)(B); [,] or                                                                                     
                   (C)  a contribution to a charity event under                                                             
          AS 24.60.080(c)(10);                                                                                                  
              (10)  make or offer a gift or a campaign contribution                                                             
     whose acceptance by the person to whom it is offered would                                                                 
     violate AS 24.60 or AS 39.52."                                                                                             
                                                                                                                                
                                                                                                                                

2008-04-11                     Senate Journal                      Page 2834
Page 1, line 7:                                                                                                                 
     Delete "Section 1"                                                                                                       
     Insert "Sec. 2"                                                                                                          
                                                                                                                                
Renumber the following bill sections accordingly.                                                                               
                                                                                                                                
Senator Stevens moved for the adoption of Amendment No. 1.                                                                      
Without objection, Amendment No. 1 was adopted.                                                                                 
                                                                                                                                
Senator Ellis moved and asked unanimous consent that the bill be                                                                
considered engrossed, advanced to third reading and placed on final                                                             
passage. Without objection, it was so ordered.                                                                                  
                                                                                                                                
SENATE CS FOR CS FOR HOUSE BILL NO. 368(STA) am S was                                                                           
read the third time.                                                                                                            
                                                                                                                                
The question being: "Shall SENATE CS FOR CS FOR HOUSE BILL                                                                      
NO. 368(STA) am S "An Act relating to allowing legislators and                                                                  
legislative employees to accept certain gifts from lobbyists, to                                                                
clarifying the Legislative Ethics Act as it relates to legislative                                                              
volunteers and educational trainees, to reducing the frequency of                                                               
publication of summaries by the Select Committee on Legislative                                                                 
Ethics, and to revising procedures and fines related to the late filing of                                                      
disclosures required by the Legislative Ethics Act; amending                                                                    
prohibitions in the Regulation of Lobbying Act on gifts to a legislator                                                         
or legislative employee" pass the Senate?" The roll was taken with the                                                          
following result:                                                                                                               
                                                                                                                                
SCS CSHB 368(STA) am S                                                                                                          
Third Reading - Final Passage                                                                                                   
                                                                                                                                
YEAS:  20   NAYS:  0   EXCUSED:  0   ABSENT:  0                                                                               
                                                                                                                                
Yeas:  Bunde, Cowdery, Davis, Dyson, Ellis, Elton, French, Green,                                                               
Hoffman, Huggins, Kookesh, McGuire, Olson, Stedman, Stevens,                                                                    
Therriault, Thomas, Wagoner, Wielechowski, Wilken                                                                               
                                                                                                                                
and so, SENATE CS FOR CS FOR HOUSE BILL NO. 368(STA) am                                                                         
S passed the Senate.                                                                                                            
                                                                                                                                
                                                                                                                                

2008-04-11                     Senate Journal                      Page 2835
Senator Stevens gave notice of reconsideration (page 2839).