Legislature(2013 - 2014)
2014-04-21 Senate Journal
Full Journal pdf2014-04-21 Senate Journal Page 2709 HB 169 CS FOR HOUSE BILL NO. 169(L&C) "An Act relating to the authority of the Regulatory Commission of Alaska to regulate the production and distribution of telephone directories" was read the second time. Senator Wielechowski offered Amendment No. 1 : Page 1, line 1, following "Act": Insert "relating to the powers of municipalities; prohibiting state and municipal agencies from using assets to assist a federal agency in collecting certain telephone records or electronic data without a warrant; prohibiting state and municipal agencies, officers, employees, and agents from cooperating with a federal agency in collecting certain telephone records or electronic data without a warrant;" Page 1, line 2, following "directories": Insert "; and providing for an effective date" Page 1, following line 3: Insert new bill sections to read: "* Section 1. AS 29.10.200 is amended to read: Sec. 29.10.200. Limitation of home rule powers. Only the following provisions of this title apply to home rule municipalities as prohibitions on acting otherwise than as provided. These provisions supersede existing and prohibit future home rule enactments that provide otherwise: (1) AS 29.05.140 (transition); (2) AS 29.06.010 (change of municipal name); (3) AS 29.06.040 - 29.06.060 (annexation and detachment); 2014-04-21 Senate Journal Page 2710 (4) AS 29.06.090 - 29.06.170 (merger and consolidation); (5) AS 29.06.190 - 29.06.420 (unification of municipalities); (6) AS 29.06.450 - 29.06.530 (dissolution); (7) AS 29.10.100 (charter amendment); (8) AS 29.20.010 (conflict of interest); (9) AS 29.20.020 (meetings public); (10) AS 29.20.050 (legislative power); (11) AS 29.20.060 - 29.20.120 (assembly composition and apportionment); (12) AS 29.20.140 (qualifications of members of governing bodies); (13) AS 29.20.150 (term of office); (14) AS 29.20.220 (executive power); (15) AS 29.20.270(e) (ordinance veto by mayor); (16) AS 29.20.630 (prohibited discrimination); (17) AS 29.20.640 (reports); (18) AS 29.25.010(a)(10) (municipal exemption on contractor bond requirements); (19) AS 29.25.050 (codification); (20) AS 29.25.060 (resolutions); (21) AS 29.25.070(e) (notices of certain civil actions); (22) AS 29.25.074 (surcharge); (23) AS 29.25.080 (breast-feeding); (24) AS 29.26.030 (notice of elections); (25) AS 29.26.050 (voter qualification); (26) AS 29.26.250 - 29.26.360 (recall); (27) AS 29.35.020 (extraterritorial jurisdiction); (28) AS 29.35.030 (eminent domain); (29) AS 29.35.050(a) - (c) (garbage and solid waste services); (30) AS 29.35.055 (local air quality control program); (31) AS 29.35.060 (franchises and permits); (32) AS 29.35.070 (public utilities); (33) AS 29.35.080 (alcoholic beverages); (34) AS 29.35.090(b) (certain vacations of rights-of-way prohibited); (35) AS 29.35.120 (post audit); (36) AS 29.35.125 (fees for police protection services); 2014-04-21 Senate Journal Page 2711 (37) AS 29.35.131 - 29.35.137 (enhanced 911 system); (38) AS 29.35.141 (regulation of radio antennas); (39) AS 29.35.144 (sprinkler fire protection systems); (40) AS 29.35.145 (regulation of firearms and knives); (41) AS 29.35.160 (education); (42) AS 29.35.170(b) (assessment and collection of taxes); (43) AS 29.35.180(b) (land use regulation); (44) AS 29.35.250 (cities inside boroughs); (45) AS 29.35.260 (cities outside boroughs); (46) AS 29.35.340 (acquisition of areawide power); (47) AS 29.35.450 (service areas); (48) AS 29.35.500 - 29.35.590 (hazardous materials and wastes); (49) AS 29.40.160(a) - (c) (title to vacated areas); (50) AS 29.40.200 (subdivisions of state land); (51) AS 29.45.010 - 29.45.560 and 29.45.800 (property taxes); (52) AS 29.45.650(c), (d), (e), (f), (i), (j), and (k) (sales and use tax); (53) AS 29.45.700(d), (e), and (g) (sales and use tax); (54) AS 29.45.750 (taxation of mobile telecommunications); (55) AS 29.45.810 (exemption from municipal taxation); (56) AS 29.46.010(b) (exemption from municipal assessment); (57) AS 29.47.200(b) (security for bonds); (58) AS 29.47.260 (revenue bonds); (59) AS 29.47.470 (air carriers); (60) AS 29.65 (general grant land); (61) AS 29.71.040 (procurement preference for state agricultural and fisheries products); (62) AS 29.71.050 (procurement preference for recycled Alaska products); (63) AS 29.35.081 (collection or use of telephone records or electronic data obtained without a warrant). * Sec. 2. AS 29.35 is amended by adding a new section to read: 2014-04-21 Senate Journal Page 2712 Sec. 29.35.081. Prohibition against cooperation with federal agencies engaged in collection of telephone records or electronic data. (a) A municipality or an officer, employee, or agent of a municipality may not (1) assist, cooperate with, or participate with a federal agency in the collection of (A) electronic data under a federal statute, regulation, rule, or order when the collection of electronic data is undertaken without a search warrant that particularly describes the person, place, and thing to be searched or seized; or (B) telephone records under a federal statute, regulation, rule, or order when the collection of the telephone records is undertaken without a search warrant that particularly describes the person, place, and thing to be searched or seized, or in another manner that is inconsistent with state law; or (2) use, in a criminal investigation or prosecution, records or data that are provided by a federal agency or an officer or employee of a federal agency that were collected by the federal agency without a search warrant or in another manner inconsistent with state law as described in (1) of this subsection. (b) In this section, "electronic data" includes electronic mail and text messages." Page 1, line 4: Delete "Section 1" Insert "Sec. 3" Page 1, following line 6: Insert new bill sections to read: "* Sec. 4. AS 44.99.040(a) is amended to read: (a) A state or municipal agency may not use or authorize the use of an asset to implement or aid in (1) the implementation of a requirement of (A) [(1)] an order of the President of the United States, a federal regulation, or a law enacted by the United States Congress that is applied to 2014-04-21 Senate Journal Page 2713 (i) [(A)] infringe on a person's right, under the Second Amendment to the Constitution of the United States, to keep and bear arms; (ii) [(B)] deny a person a right to due process, or a protection of due process, that would otherwise be available to the person under the Constitution of the State of Alaska or the Constitution of the United States; or (B) [(2)] P.L. 109-13, Division B (REAL ID Act of 2005); (2) the collection by a federal agency of electronic data without a search warrant; in this paragraph, "electronic data" includes electronic mail and text messages; or (3) the collection by a federal agency of telephone records without a search warrant, unless the records are collected in a manner consistent with state law. * Sec. 5. AS 44.99 is amended by adding a new section to article 1 to read: Sec. 44.99.050. Prohibition against cooperation with federal agencies engaged in collection of telephone records or electronic data. (a) A state agency or an officer, employee, or agent of a state agency may not (1) assist, cooperate with, or participate with a federal agency in the collection of (A) electronic data under a federal statute, regulation, rule, or order when the collection of electronic data is undertaken without a search warrant that particularly describes the person, place, and thing to be searched or seized; or (B) telephone records under a federal statute, regulation, rule, or order when the collection of the telephone records is undertaken without a search warrant that particularly describes the person, place, and thing to be searched or seized, or in another manner that is inconsistent with state law; or (2) use, in a criminal investigation or prosecution, records or data that are provided by a federal agency or an officer or employee of a federal agency that were collected by the federal agency without a search warrant or in another manner inconsistent with state law as described in (1) of this subsection. 2014-04-21 Senate Journal Page 2714 (b) In this section, "electronic data" includes electronic mail and text messages. *Sec. 6. Sections 1, 2, 4, and 5 of this Act take effect immediately under AS 01.10.070(c)." Senator Wielechowski moved for the adoption of Amendment No. 1. Senator Coghill objected. The question being: "Shall Amendment No. 1 be adopted?" The roll was taken with the following result: CSHB 169(L&C) Second Reading Amendment No. 1 YEAS: 9 NAYS: 11 EXCUSED: 0 ABSENT: 0 Yeas: Bishop, Dunleavy, Ellis, Fairclough, French, Gardner, Kelly, Olson, Wielechowski Nays: Coghill, Dyson, Egan, Giessel, Hoffman, Huggins, McGuire, Meyer, Micciche, Stedman, Stevens and so, Amendment No. 1 failed. Senator Coghill moved and asked unanimous consent that the bill be advanced to third reading and placed on final passage. Without objection, it was so ordered. CS FOR HOUSE BILL NO. 169(L&C) was read the third time. Senators Gardner, Dyson, McGuire, Fairclough, Giessel, Meyer, Stedman, Egan, Micciche moved and asked unanimous consent to be shown as cross sponsors on the bill. Without objection, it was so ordered. The question being: "Shall CS FOR HOUSE BILL NO. 169(L&C) "An Act relating to the authority of the Regulatory Commission of Alaska to regulate the production and distribution of telephone directories" pass the Senate?" The roll was taken with the following result: 2014-04-21 Senate Journal Page 2715 CSHB 169(L&C) Third Reading - Final Passage YEAS: 20 NAYS: 0 EXCUSED: 0 ABSENT: 0 Yeas: Bishop, Coghill, Dunleavy, Dyson, Egan, Ellis, Fairclough, French, Gardner, Giessel, Hoffman, Huggins, Kelly, McGuire, Meyer, Micciche, Olson, Stedman, Stevens, Wielechowski and so, CS FOR HOUSE BILL NO. 169(L&C) passed the Senate, was signed by the President and Secretary and returned to the House.