Legislature(2007 - 2008)
2007-03-05 Senate Journal
Full Journal pdf2007-03-05 Senate Journal Page 0446 SB 19 CS FOR SENATE BILL NO. 19(FIN) am "An Act relating to a public officer's taking official action regarding, or influencing, a matter in which the public officer has a personal or financial interest; relating to restrictions on employment after leaving state service; prohibiting 2007-03-05 Senate Journal Page 0447 certain persons from engaging in activity as lobbyists; and defining 'official action' under the Alaska Executive Branch Ethics Act and related law" was read the third time. Senator Therriault moved that the bill be returned to second reading for the purpose of specific amendments, those being Amendment Numbers 2 through 7. Without objection, the bill was returned to second reading. Senators Therriault, Bunde, Dyson, Wagoner, Wilken offered Amendment No. 2 : Page 1, line 1, following "Act": Insert "denying public employee retirement pension benefits to certain 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;" Page 1, following line 6: Insert new bill sections to read: "* Section 1. AS 14.25 is amended by adding a new section to read: Sec. 14.25.212. Pension forfeiture. The provisions of AS 37.10.310 apply to pension benefits under AS 14.25.009 - 14.25.220. * Sec. 2. AS 14.25 is amended by adding a new section to read: Sec. 14.25.532. Pension forfeiture. The provisions of AS 37.10.310 apply to pension benefits under AS 14.25.310 - 14.25.590. * Sec. 3. AS 22.25 is amended by adding a new section to read: Sec. 22.25.800. Pension forfeiture. The provisions of AS 37.10.310 apply to pension benefits under this chapter." Page 1, line 7: Delete "Section 1" Insert "Sec. 4" Renumber the following bill sections accordingly. 2007-03-05 Senate Journal Page 0448 Page 1, following line 9: Insert new bill sections to read: "* Sec. 5. AS 37.10.220(a) is amended to read: (16) administer pension forfeitures required under AS 37.10.310 using the procedures of AS 44.62 (Administrative Procedure Act). * Sec. 6. AS 37.10 is amended by adding a new section to read: Sec. 37.10.310. Pension forfeiture to preserve public trust in government. (a) A public officer, as defined in AS 39.52.960, who is convicted of a federal or state felony offense of bribery, receiving a bribe, perjury, subornation of perjury, scheme to defraud, or fraud may not receive a state pension benefit if the offense was committed on or after the effective date of this section and was in connection with the person's official duties. (b) Pension benefits and employee contributions that accrue to a person before the date of the person's commission of the offense described in (a) of this section are not diminished or impaired by that subsection. (c) A state pension benefit under (a) of this section does not include (1) insurance, voluntary wage reductions, involuntary wage reductions, or supplemental or health benefits under AS 39.30.090 - 39.30.495 or former AS 39.37.145; (2) member or employee contributions under AS 14.25.050, 14.25.055, 14.25.340, 14.25.360(a), AS 22.25.011, AS 39.35.160, 39.35.165(f), 39.35.180, 39.35.730, 39.35.760(a), or former AS 39.37.070. (d) In a pension forfeiture matter under this section the board may award to a dependent or former spouse of the person governed by the limitations in (a) of this section some or all of the amount that, but for the forfeiture under (a) of this section, may otherwise be payable. In determining whether to make an award under this subsection, the board shall consider the totality of circumstances, including (1) the role, if any, of the person's dependent or former spouse in connection with the illegal conduct for which the person was criminally charged; 2007-03-05 Senate Journal Page 0449 (2) the degree, if any, to which the person's dependent or former spouse profited financially from the person's illegal conduct; and (3) any restitution ordered by the court in the criminal case and the amount of restitution, if any, still owing. * Sec. 7. AS 39.35 is amended by adding a new section to read: Sec. 39.35.672. Pension forfeiture. The provisions of AS 37.10.310 apply to pension benefits under AS 39.35.095 - 39.35.680. * Sec. 8. AS 39.35 is amended by adding a new section to read: Sec. 39.35.932. Pension forfeiture. The provisions of AS 37.10.310 apply to pension benefits under AS 39.35.700 - 39.35.990." Renumber the following bill sections accordingly. Page 4, following line 3: Insert a new bill section to read: "* Sec. 13. AS 44.62.330(a) is amended by adding a new paragraph to read: (47) the Alaska Retirement Management Board for administration of pension forfeitures under AS 37.10.310." Renumber the following bill sections accordingly. Page 4, lines 5 - 8: Delete all material and insert: "* Sec. 15. The uncodified law of the State of Alaska is amended by adding a new section to read: APPLICABILITY. Sections 10, 11, and 14 of this Act apply to a person who leaves state service on or after the effective date of sec. 10 of this Act. * Sec. 16. The uncodified law of the State of Alaska is amended by adding a new section to read: APPLICABILITY TO ELECTED PUBLIC OFFICERS' RETIREMENT SYSTEM. The provisions of AS 37.10.310, added by sec. 6 of this Act, apply to benefits under former AS 39.37 (elected public officers' retirement system)." 2007-03-05 Senate Journal Page 0450 Senator Therriault moved for the adoption of Amendment No. 2. Senator Stevens objected. The question being: "Shall Amendment No. 2 be adopted?" The roll was taken with the following result: CSSB 19(FIN) am Second Reading Amendment No. 2 YEAS: 5 NAYS: 11 EXCUSED: 4 ABSENT: 0 Yeas: Bunde, Dyson, Therriault, Wagoner, Wilken Nays: Cowdery, Davis, Ellis, French, Green, Hoffman, Kookesh, McGuire, Olson, Stevens, Wielechowski Excused: Elton, Huggins, Stedman, Thomas and so, Amendment No. 2 failed. Senators Therriault, Bunde, Dyson, Wagoner, Wilken offered Amendment No. 3 : Page 1, line 4, following "An Act": Insert "relating to electronic filing of campaign and financial disclosures;" Page 1, following line 6: Insert a new bill section to read: "* Section 1. AS 15.13.040(m) is amended to read: (m) The commission shall require [MAY REQUEST] that the information required under this chapter, unless it is information required of a candidate for election to municipal elective office, be submitted electronically but may, when circumstances warrant an exception or when the information is required of a candidate for election to municipal elective office, [SHALL] accept any information required under this chapter that is typed in clear and legible black typeface or hand-printed in dark ink on paper in a format approved by the commission or on forms provided by the commission and that is filed with the commission. Candidates for election to municipal elective office must submit 2007-03-05 Senate Journal Page 0451 information required under this chapter electronically or in the typed or hand-printed form described in this subsection. In this subsection, "municipal elective office" means the office of an elected borough or city mayor, elected member of a city or borough planning commission, elected utility board member, or elected member of a borough assembly, city council, or school board." Renumber the following bill sections accordingly. Page 1, following line 9: Insert new bill sections to read: "Sec. 3. AS 24.60.210 is amended by adding a new subsection to read: (c) The Alaska Public Offices Commission shall require that the reports required under this section be submitted electronically but may, when circumstances warrant an exception, accept any information required under this section that is typed in clear and legible black typeface or hand-printed in dark ink on paper in a format approved by the commission or on forms provided by the commission and that is filed with the commission." "Sec. 4. AS 39.50.050(a) is amended to read: (a) The Alaska Public Offices Commission created under AS 15.13.020(a) shall administer the provisions of this chapter. The commission shall prepare and keep available for distribution standardized forms on which the reports required by this chapter shall be filed. The commission shall print the forms provided under this section so that the front and back of each page have the same orientation when the page is rotated on the vertical axis of the page. The commission shall require [MAY REQUEST] that the information required under this chapter, unless it is information required of a municipal officer, be submitted electronically but may, when circumstances warrant an exception or when the information is required of a municipal officer, [SHALL] accept any information required under this chapter that is typed in clear and legible black typeface or hand-printed in dark ink on paper in a format approved by the commission or on forms provided by the commission and that is filed with the commission. Municipal 2007-03-05 Senate Journal Page 0452 officers must submit information required under this chapter electronically or in the typed or hand-printed form described in this subsection." Renumber the following bill sections accordingly. Page 4, following line 8: Insert new bill sections to read: "* Sec. 12. Section 1 of this Act takes effect May 1, 2009." "* Sec. 13. Section 3 of this Act takes effect July 1, 2008." "* Sec. 14. Section 4 of this Act takes effect July 1, 2007." Senator Therriault moved for the adoption of Amendment No. 3. Objections were heard. The question being: "Shall Amendment No. 3 be adopted?" The roll was taken with the following result: CSSB 19(FIN) am Second Reading Amendment No. 3 YEAS: 5 NAYS: 11 EXCUSED: 4 ABSENT: 0 Yeas: Bunde, Dyson, Therriault, Wagoner, Wilken Nays: Cowdery, Davis, Ellis, French, Green, Hoffman, Kookesh, McGuire, Olson, Stevens, Wielechowski Excused: Elton, Huggins, Stedman, Thomas and so, Amendment No. 3 failed. Senators Therriault, Bunde, Dyson, Wagoner, Wilken offered Amendment No. 4 : Page 1, line 4, following "lobbyists;": Insert "relating to financial disclosures from former public officials;" 2007-03-05 Senate Journal Page 0453 Page 1, following line 9: Insert a new bill section to read: "* Sec. 2. AS 39.50.020 is amended to read: Sec. 39.50.020. Report of financial and business interests. (a) A public official other than the governor or the lieutenant governor shall file a statement giving income sources and business interests, under oath and on penalty of perjury, within 30 days after taking office as a public official. Candidates for state elective office other than a candidate who is subject to AS 24.60 shall file the statement with the director of elections at the time of filing a declaration of candidacy or a nominating petition or becoming a candidate by any other means. Candidates for elective municipal office shall file the statement at the time of filing a nominating petition, declaration of candidacy, or other required filing for the elective municipal office. Refusal or failure to file within the time prescribed shall require that the candidate's filing fees, if any, and filing for office be refused or that a previously accepted filing fee be returned and the candidate's name removed from the filing records. A statement shall also be filed by public officials no later than March 15 in each following year. On or before the th 90 day after leaving office, a former public official shall file a statement covering any period during the official's service in that office for which the public official has not already filed a statement. Persons who are members of boards or commissions not named in AS 39.50.200(b) are not required to file financial statements. (b) A public official or former public official other than an elected or appointed municipal officer shall file the statement with the Alaska Public Offices Commission. Candidates for the office of governor and lieutenant governor and, if the candidate is not subject to AS 24.60, the legislature shall file the statement under AS 15.25.030 or 15.25.180. Municipal officers, former municipal officers, and candidates for elective municipal office, shall file with the municipal clerk or other municipal official designated to receive their filing for office. All statements required to be filed under this chapter are public records." Renumber the following bill sections accordingly. 2007-03-05 Senate Journal Page 0454 Page 4, line 7: Delete "Sections 3, 4, and 6" Insert "Sections 4, 5, and 7" Page 4, line 8: Delete "secs. 3 and 4" Insert "secs. 4 and 5" Senator Therriault moved for the adoption of Amendment No. 4. Objections were heard. The question being: "Shall Amendment No. 4 be adopted?" The roll was taken with the following result: CSSB 19(FIN) am Second Reading Amendment No. 4 YEAS: 14 NAYS: 2 EXCUSED: 4 ABSENT: 0 Yeas: Bunde, Davis, Dyson, Ellis, French, Green, Kookesh, McGuire, Olson, Stevens, Therriault, Wagoner, Wielechowski, Wilken Nays: Cowdery, Hoffman Excused: Elton, Huggins, Stedman, Thomas and so, Amendment No. 4 was adopted. Senators Therriault, Bunde, Dyson, Wagoner, Wilken offered Amendment No. 5 : Page 1, line 4, following "lobbyists;": Insert "relating to financial disclosures from public officials;" Page 1, following line 9: Insert a new bill section to read: "* Sec. 2. AS 39.50.030(b) is amended to read: (b) Each statement filed by a public official or candidate under this chapter must include the following: (1) for [THE SOURCE OF] all income over $1,000 [$5,000] during the preceding calendar year, including taxable and nontaxable capital gains, and each gift with a value 2007-03-05 Senate Journal Page 0455 exceeding $250, received by the person, the person's spouse or domestic partner, or the person's dependent child, (A) the source of the income or gift; (B) the recipient of the income or gift; (C) the amount of the income or value of the gift; (D) the approximate number of hours of services performed to earn the income; and (E) a detailed description of the nature of the services performed [EXCEPT THAT A SOURCE OF INCOME THAT IS A GIFT MUST BE INCLUDED IF THE VALUE OF THE GIFT EXCEEDS $250]; (2) the identity, by name and address, of each business in which the person, the person's spouse or domestic partner, or the person's dependent child has an interest or was a stockholder, owner, officer, director, partner, proprietor, or employee during the preceding calendar year, except that an interest of less than $1,000 [$5,000] in the stock of a publicly traded corporation need not be included; (3) the identity and nature of each interest in real property, including an option to buy, owned at any time during the preceding calendar year by the person, the person's spouse or domestic partner, or the person's dependent child; (4) the identity of each trust or other fiduciary relation in which the person, the person's spouse or domestic partner, or the person's dependent child held a beneficial interest exceeding $1,000 [$5,000] during the preceding calendar year, a description and identification of the property contained in each trust or relation, and the nature and extent of the beneficial interest in it; (5) any loan or loan guarantee of more than $1,000 [$5,000] made to the person, the person's spouse or domestic partner, or the person's dependent child, and the identity of the maker of the loan or loan guarantor and the identity of each creditor to whom the person, the person's spouse or domestic partner, or the person's dependent child owed more than $1,000 [$5,000]; this paragraph requires disclosure of a loan, loan guarantee, or indebtedness only if the loan or guarantee was made, or the indebtedness incurred, during the preceding calendar year, or if the amount still owing on the loan, loan guarantee, or 2007-03-05 Senate Journal Page 0456 indebtedness was more than $1,000 [$5,000] at any time during the preceding calendar year; (6) a list of all contracts and offers to contract with the state or an instrumentality of the state during the preceding calendar year held, bid, or offered by the person, the person's spouse or domestic partner, or the person's dependent child, a partnership or professional corporation of which the person is a member, or a corporation in which the person or the person's spouse, domestic partner, or dependent children, or a combination of them, hold a controlling interest; and (7) a list of all mineral, timber, oil, or any other natural resource lease held, or lease offer made, during the preceding calendar year by the person, the person's spouse or domestic partner, or the person's dependent child, a partnership or professional corporation of which the person is a member, or a corporation in which the person or the person's spouse or domestic partner or dependent children, or a combination of them, holds a controlling interest." Renumber the following bill sections accordingly. Senator Therriault moved for the adoption of Amendment No. 5. Senator Stevens objected. The question being: "Shall Amendment No. 5 be adopted?" The roll was taken with the following result: CSSB 19(FIN) am Second Reading Amendment No. 5 YEAS: 5 NAYS: 11 EXCUSED: 4 ABSENT: 0 Yeas: Bunde, Dyson, Therriault, Wagoner, Wilken Nays: Cowdery, Davis, Ellis, French, Green, Hoffman, Kookesh, McGuire, Olson, Stevens, Wielechowski Excused: Elton, Huggins, Stedman, Thomas and so, Amendment No. 5 failed. Senators Therriault, Bunde, Dyson, Wagoner, Wilken offered Amendment No. 6 : 2007-03-05 Senate Journal Page 0457 Page 1, line 4, following "lobbyists;": Insert "relating to financial disclosures from members of state commissions and boards;" Page 1, following line 9: Insert a new bill section to read: "* Sec. 2. AS 39.50.200(b) is amended by adding new paragraphs to read: (59) Alaska Industrial Development and Export Authority (AS 44.88); (60) the board of directors of the Knik Arm Bridge and Toll Authority (AS 19.75.031 and 19.75.041); (61) Alaska labor relations agency (AS 23.05.360 - 23.05.390); (62) the Board of Trustees of the Alaska Mental Health Trust Authority (AS 47.30.016); (63) the board of directors of the Alaska Railroad Corporation (AS 42.40.020 - 42.40.060)." Renumber the following bill sections accordingly. Senator Therriault moved for the adoption of Amendment No. 6. Senator Stevens objected. The question being: "Shall Amendment No. 6 be adopted?" The roll was taken with the following result: CSSB 19(FIN) am Second Reading Amendment No. 6 YEAS: 5 NAYS: 10 EXCUSED: 4 ABSENT: 1 Yeas: Bunde, Dyson, Therriault, Wagoner, Wilken Nays: Cowdery, Davis, Ellis, French, Green, Hoffman, McGuire, Olson, Stevens, Wielechowski Excused: Elton, Huggins, Stedman, Thomas Absent: Kookesh and so, Amendment No. 6 failed. Senators Therriault, Bunde, Dyson, Wagoner, Wilken offered Amendment No. 7 : 2007-03-05 Senate Journal Page 0458 Page 1, line 4, following "lobbyists;": Insert "relating to gifts from lobbyists;" Page 2, following line 26: Insert a new bill section to read: "* Sec. 3. AS 39.52.130(a) is amended to read: (a) A public officer may not solicit, accept, or receive, directly or indirectly, a gift, whether in the form of money, service, loan, travel, entertainment, hospitality, employment, promise, or in any other form, that is a benefit to the officer's personal or financial interests, under circumstances in which it could reasonably be inferred that the gift is intended to influence the performance of official duties, actions, or judgment. A gift from a person required to register as a lobbyist under AS 24.45.041 to a public officer or a public officer's immediate family member is presumed to be intended to influence the performance of official duties, actions, or judgment unless the giver is an immediate family member of the person receiving the gift." Renumber the following bill sections accordingly. Senator Therriault moved for the adoption of Amendment No. 7. Senator Cowdery objected. The question being: "Shall Amendment No. 7 be adopted?" The roll was taken with the following result: CSSB 19(FIN) am Second Reading Amendment No. 7 YEAS: 5 NAYS: 10 EXCUSED: 4 ABSENT: 1 Yeas: Bunde, Dyson, Therriault, Wagoner, Wilken Nays: Cowdery, Davis, Ellis, French, Green, Hoffman, McGuire, Olson, Stevens, Wielechowski Excused: Elton, Huggins, Stedman, Thomas Absent: Kookesh and so, Amendment No. 7 failed. 2007-03-05 Senate Journal Page 0459 CS FOR SENATE BILL NO. 19(FIN) am "An Act relating to a public officer's taking official action regarding, or influencing, a matter in which the public officer has a personal or financial interest; relating to restrictions on employment after leaving state service; prohibiting certain persons from engaging in activity as lobbyists; relating to financial disclosures from former public officials; and defining 'official action' under the Alaska Executive Branch Ethics Act and related law" was automatically in third reading. Senators Wilken, Dyson, Wagoner, Therriault moved and asked unanimous consent to be shown as cosponsors on the bill. Without objection, it was so ordered. The question being: "Shall CS FOR SENATE BILL NO. 19(FIN) am "An Act relating to a public officer's taking official action regarding, or influencing, a matter in which the public officer has a personal or financial interest; relating to restrictions on employment after leaving state service; prohibiting certain persons from engaging in activity as lobbyists; relating to financial disclosures from former public officials; and defining 'official action' under the Alaska Executive Branch Ethics Act and related law" pass the Senate?" The roll was taken with the following result: CSSB 19(FIN) am Third Reading - Final Passage YEAS: 15 NAYS: 0 EXCUSED: 4 ABSENT: 1 Yeas: Bunde, Cowdery, Davis, Dyson, Ellis, French, Green, Hoffman, McGuire, Olson, Stevens, Therriault, Wagoner, Wielechowski, Wilken Excused: Elton, Huggins, Stedman, Thomas Absent: Kookesh and so, CS FOR SENATE BILL NO. 19(FIN) am passed the Senate. Senator Bunde gave notice of reconsideration.