Legislature(2013 - 2014)

2014-04-21 Senate Journal

Full Journal pdf

2014-04-21                     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.