Legislature(2017 - 2018)

2018-05-02 Senate Journal

Full Journal pdf

2018-05-02                     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.