Legislature(2017 - 2018)
2018-05-02 Senate Journal
Full Journal pdf2018-05-02 Senate Journal Page 2933 HB 20 CS FOR HOUSE BILL NO. 20(JUD) "An Act relating to marriage solemnization; and authorizing elected public officials in the state to solemnize marriages" was read the second time. Senator Wilson offered Amendment No. 1 : Page 1, line 1, following "Act": Insert "relating to the Legislative Ethics Act;" Page 1, following line 3: Insert a new bill section to read: "* Section 1. AS 24.60.030(a) is amended to read: (a) A legislator or legislative employee may not 2018-05-02 Senate Journal Page 2934 (1) solicit, agree to accept, or accept a benefit other than official compensation for the performance of public duties; this paragraph may not be construed to prohibit (A) lawful solicitation for and acceptance of campaign contributions; (B) [,] solicitation or acceptance of contributions for a charity event, as defined in AS 24.60.080(a)(2)(B); (C) [, OR] the acceptance of a gift under AS 24.60.075 or 24.60.080; or (D) a legislator from accepting a benefit in exchange for solemnizing a marriage under AS 25.05.261(a)(4); (2) use public funds, facilities, equipment, services, or another government asset or resource for a nonlegislative purpose, for involvement in or support of or opposition to partisan political activity, or for the private benefit of the legislator, legislative employee, or another person; this paragraph does not prohibit (A) limited use of state property and resources for personal purposes if the use does not interfere with the performance of public duties and either the cost or value related to the use is nominal or the legislator or legislative employee reimburses the state for the cost of the use; (B) the use of mailing lists, computer data, or other information lawfully obtained from a government agency and available to the general public for nonlegislative purposes; (C) the legislative council, notwithstanding AS 24.05.190, from designating a public facility for use by legislators and legislative employees for health or fitness purposes; when the council designates a facility to be used by legislators and legislative employees for health or fitness purposes, it shall adopt guidelines governing access to and use of the facility; the guidelines may establish times in which use of the facility is limited to specific groups; (D) a legislator from using the legislator's private office in the capital city during a legislative session, and for the 10 days immediately before and the 10 days immediately after a legislative session, for nonlegislative purposes if the use does not interfere with the performance of public duties and if there is no cost to the state for the use of the space and equipment, other than utility costs and minimal wear and tear, 2018-05-02 Senate Journal Page 2935 or the legislator promptly reimburses the state for the cost; an office is considered a legislator's private office under this subparagraph if it is the primary space in the capital city reserved for use by the legislator, whether or not it is shared with others; (E) a legislator from use of legislative employees to prepare and send out seasonal greeting cards; (F) a legislator from using state resources to transport computers or other office equipment owned by the legislator but primarily used for a state function; (G) use by a legislator of photographs of that legislator; (H) reasonable use of the Internet by a legislator or a legislative employee except if the use is for election campaign purposes; (I) a legislator or legislative employee from soliciting, accepting, or receiving a gift on behalf of a recognized, nonpolitical charitable organization in a state facility; (J) a legislator from sending any communication in the form of a newsletter to the legislator's constituents, except a communication expressly advocating the election or defeat of a candidate or a newsletter or material in a newsletter that is clearly only for the private benefit of a legislator or a legislative employee; or (K) full participation in a charity event approved in advance by the Alaska Legislative Council; (3) knowingly seek, accept, use, allocate, grant, or award public funds for a purpose other than that approved by law, or make a false statement in connection with a claim, request, or application for compensation, reimbursement, or travel allowances from public funds; (4) require a legislative employee to perform services for the private benefit of the legislator or employee at any time, or allow a legislative employee to perform services for the private benefit of a legislator or employee on government time; it is not a violation of this paragraph if the services were performed in an unusual or infrequent situation and the person's services were reasonably necessary to permit the legislator or legislative employee to perform official duties; 2018-05-02 Senate Journal Page 2936 (5) use or authorize the use of state funds, facilities, equipment, services, or another government asset or resource for the purpose of political fund raising or campaigning; this paragraph does not prohibit (A) limited use of state property and resources for personal purposes if the use does not interfere with the performance of public duties and either the cost or value related to the use is nominal or the legislator or legislative employee reimburses the state for the cost of the use; (B) the use of mailing lists, computer data, or other information lawfully obtained from a government agency and available to the general public for nonlegislative purposes; (C) storing or maintaining, consistent with (b) of this section, election campaign records in a legislator's office; (D) a legislator from using the legislator's private office in the capital city during a legislative session, and for the 10 days immediately before and the 10 days immediately after a legislative session, for nonlegislative purposes if the use does not interfere with the performance of public duties and if there is no cost to the state for the use of the space and equipment, other than utility costs and minimal wear and tear, or the legislator promptly reimburses the state for the cost; an office is considered a legislator's private office under this subparagraph if it is the primary space in the capital city reserved for use by the legislator, whether or not it is shared with others; or (E) use by a legislator of photographs of that legislator." Page 1, line 4: Delete "Section 1" Insert "Sec. 2" Renumber the following bill sections accordingly. Senator Wilson moved for the adoption of Amendment No. 1. Senator Micciche objected. 2018-05-02 Senate Journal Page 2937 The question being: "Shall Amendment No. 1 be adopted?" The roll was taken with the following result: CSHB 20(JUD) Second Reading Amendment No. 1? YEAS: 8 NAYS: 11 EXCUSED: 1 ABSENT: 0 Yeas: Costello, Hoffman, Kelly, Olson, Shower, Stedman, Stevens, Wilson Nays: Begich, Bishop, Coghill, Egan, Gardner, Giessel, Hughes, Meyer, Micciche, von Imhof, Wielechowski Excused: MacKinnon and so, Amendment No. 1 failed. Senator Micciche moved and asked unanimous consent the bill be advanced to third reading and placed on final passage. Without objection, it was so ordered. CS FOR HOUSE BILL NO. 20(JUD) was read the third time. The question being: "Shall CS FOR HOUSE BILL NO. 20(JUD) "An Act relating to marriage solemnization; and authorizing elected public officials in the state to solemnize marriages" pass the Senate?" The roll was taken with the following result: CSHB 20(JUD) Third Reading - Final Passage YEAS: 17 NAYS: 2 EXCUSED: 1 ABSENT: 0 Yeas: Begich, Bishop, Coghill, Costello, Egan, Gardner, Giessel, Hoffman, Kelly, Meyer, Micciche, Olson, Stedman, Stevens, von Imhof, Wielechowski, Wilson Nays: Hughes, Shower Excused: MacKinnon and so, CS FOR HOUSE BILL NO. 20(JUD) passed the Senate, was signed by the President and Secretary and returned to the House.