Legislature(1997 - 1998)
1997-04-18 Senate Journal
Full Journal pdf1997-04-18 Senate Journal Page 1279 SB 105 SENATE BILL NO. 105 An Act relating to legislative ethics; relating to the filing of disclosures by certain legislative employees and officials; and providing for an effective date was read the second time. Senator Duncan called the Senate. The call was satisfied. Senator Pearce moved and asked unanimous consent for the adoption of the Finance Committee Substitute offered on page 1163. Senator Duncan objected, then withdrew his objection. There being no further objections, CS FOR SENATE BILL NO. 105(FIN) An Act relating to legislative and executive branch ethics; relating to campaign finances for candidates for the legislature; relating to the conduct and regulation of lobbyists with respect to public officials; relating to the filing of disclosures by certain state employees and officials; making a conforming amendment to the definition of public official for employment security statutes; and providing for an effective date was adopted and read the second time. 1997-04-18 Senate Journal Page 1280 SB 105 Senator Phillips offered Amendment No. 1 : Page 6, line 11, through page 7, line 3: Delete all material and insert: "* Sec. 6. AS 24.45 is amended by adding a new section to read: Sec. 24.45.165. Spouses and cohabitants of legislators, legislative employees, and state officials. (a) A spouse of or a person cohabiting with a legislator, legislative employee, or a state official may not engage in lobbying the executive branch of state government or the legislature during the legislator's term of office or during the legislative employee's or state official's service as a legislative employee or state official. (b) In this section, (1) "engage in lobbying" means to act as a lobbyist; (2) "legislative employee" has the meaning given in AS 24.60.990; (3) "person cohabiting with" means a person who is cohabiting with another person in a conjugal relationship that is not a legal marriage; (4) "state official" has the meaning given in AS 39.52.960." Page 14, lines 4 - 13: Delete all material. Renumber the following bill sections accordingly. Page 48, lines 5 - 15: Delete all material. Reletter the following subsection accordingly. Page 58, line 8: Delete "secs. 87 - 92" Insert "secs. 86 - 91" 1997-04-18 Senate Journal Page 1281 SB 105 Page 58, line 23: Delete "and 111" Insert "and 110" Page 58, line 24: Delete "111, and 112" Insert "110, and 111" Page 58, line 26: Delete "4 - 110" Insert "4 - 109" Senator Phillips moved for the adoption of Amendment No. 1. Objections were heard. Senator Phillips moved and asked unanimous consent that he be allowed to withdraw his motion. Without objection, it was so ordered. Senator Duncan offered Amendment No. 2 : Page 1, line 1: Delete "and executive branch" Page 1, line 4: Delete "state" Insert "legislative" Page 1, lines 4 - 5: Delete "making a conforming amendment to the definition of public official for employment security statutes;" Page 4, line 14, through page 6, line 6: Delete all material. Renumber the following bill sections accordingly. Page 33, line 6, through page 58, line 12: Delete all material. 1997-04-18 Senate Journal Page 1282 SB 105 Renumber the following bill sections accordingly. Page 58, line 23: Delete "111" Insert "59" Page 58, line 24: Delete "111, and 112" Insert "59, and 60" Page 58, line 26: Delete "110" Insert "58" Senator Duncan moved for the adoption of Amendment No. 2. Senator Halford objected. The question being: Shall Amendment No. 2 be adopted? The roll was taken with the following result: CSSB 105(FIN) Second Reading Amendment No. 2 YEAS: 4 NAYS: 13 EXCUSED: 3 ABSENT: 0 Yeas: Adams, Duncan, Lincoln, Mackie Nays: Donley, Green, Halford, Kelly, Leman, Miller, Parnell, Pearce, Phillips, Sharp, Torgerson, Ward, Wilken Excused: Ellis, Hoffman, Taylor and so, Amendment No. 2 failed. Senator Duncan offered Amendment No. 3 : Page 1, lines 1 - 2: Delete "relating to campaign finances for candidates for the legislature" 1997-04-18 Senate Journal Page 1283 SB 105 Insert "relating to the disposition of unused campaign contributions by a candidate elected to the legislature; relating to campaign fund raising during a legislative session" Senator Duncan moved for the adoption of Amendment No. 3. Senator Pearce objected. The question being: Shall Amendment No. 3 be adopted? The roll was taken with the following result: CSSB 105(FIN) Second Reading Amendment No. 3 YEAS: 4 NAYS: 13 EXCUSED: 3 ABSENT: 0 Yeas: Adams, Duncan, Kelly, Lincoln Nays: Donley, Green, Halford, Leman, Mackie, Miller, Parnell, Pearce, Phillips, Sharp, Torgerson, Ward, Wilken Excused: Ellis, Hoffman, Taylor and so, Amendment No. 3 failed. Amendments No. 4 and 5 were not offered. Senator Phillips offered Amendment No. 6 : Page 6, line 11, through page 7, line 3: Delete all material and insert: "* Sec. 6. AS 24.45 is amended by adding a new section to read: Sec. 24.45.165. Spouses and cohabitants of legislators. (a) A spouse of or a person cohabiting with a legislator may not engage in lobbying the executive branch of state government or the legislature during the legislator's term of office. (b) In this section, 1997-04-18 Senate Journal Page 1284 SB 105 (1) "engage in lobbying" means to act as a lobbyist; (2) "person cohabiting with" means a person who is cohabiting with another person in a conjugal relationship that is not a legal marriage." Page 14, line 6: Delete "legislator or" Page 14, line 7: Delete "legislator's or" Page 14, lines 7 - 8: Delete "legislator or" Page 14, line 10: Delete "legislator or" Reletter the following subsection accordingly. Senator Phillips moved for the adoption of Amendment No. 6. Objections were heard. The question being: Shall Amendment No. 6 be adopted? The roll was taken with the following result: CSSB 105(FIN) Second Reading Amendment No. 6 YEAS: 12 NAYS: 5 EXCUSED: 3 ABSENT: 0 Yeas: Adams, Duncan, Green, Halford, Kelly, Leman, Lincoln, Mackie, Miller, Phillips, Ward, Wilken Nays: Donley, Parnell, Pearce, Sharp, Torgerson Excused: Ellis, Hoffman, Taylor and so, Amendment No. 6 was adopted. 1997-04-18 Senate Journal Page 1285 SB 105 Senator Phillips offered Amendment No. 7 : Page 6, line 11, through page 7, line 3: Delete all material and insert: "* Sec. 6. AS 24.45 is amended by adding a new section to read: Sec. 24.45.165. Spouses and cohabitants of state officials. (a) A spouse of or a person cohabiting with a state official may not engage in lobbying the executive branch of state government or the legislature during the state official's service as a state official. (b) In this section, (1) "engage in lobbying" means to act as a lobbyist; (2) "person cohabiting with" means a person who is cohabiting with another person in a conjugal relationship that is not a legal marriage; (3) "state official" has the meaning given in AS 39.52.960." Page 48, lines 5 - 15: Delete all material. Reletter the following subsection accordingly. Senator Phillips moved for the adoption of Amendment No. 7. Objections were heard. Senator Kelly moved and asked unanimous consent that he be allowed to abstain from voting due to a conflict of interest. Objections were heard and Senator Kelly was required to vote. The question being: Shall Amendment No. 7 be adopted? The roll was taken with the following result: 1997-04-18 Senate Journal Page 1286 SB 105 CSSB 105(FIN) am Second Reading Amendment No. 7 YEAS: 7 NAYS: 10 EXCUSED: 3 ABSENT: 0 Yeas: Donley, Halford, Leman, Miller, Phillips, Ward, Wilken Nays: Adams, Duncan, Green, Kelly, Lincoln, Mackie, Parnell, Pearce, Sharp, Torgerson Excused: Ellis, Hoffman, Taylor and so, Amendment No. 7 failed. Senator Mackie offered Amendment No. 8 : Pages 46 and 47, Delete from page 46, line 22 through page 47, line 3. Senator Mackie moved for the adoption of Amendment No. 8. Objections were heard. The question being: Shall Amendment No. 8 be adopted? The roll was taken with the following result: CSSB 105(FIN) am Second Reading Amendment No. 8 YEAS: 5 NAYS: 12 EXCUSED: 3 ABSENT: 0 Yeas: Adams, Duncan, Leman, Lincoln, Mackie Nays: Donley, Green, Halford, Kelly, Miller, Parnell, Pearce, Phillips, Sharp, Torgerson, Ward, Wilken Excused: Ellis, Hoffman, Taylor and so, Amendment No. 8 failed. 1997-04-18 Senate Journal Page 1287 SB 105 Senator Donley offered Amendment No. 9 : Page 1, line 2: Delete "for the legislature" Insert "for state office" Page 1, line 11: Delete "the state legislature" Insert "state office" Page 1, line 13, through page 2, line 2: Delete ", and the candidate or individual is a member of the legislature, or employed as a member of the legislator's staff or as a member of the staff of a legislative committee" Insert "ª, AND THE CANDIDATE OR INDIVIDUAL IS A MEMBER OF THE LEGISLATURE, OR EMPLOYED AS A MEMBER OF THE LEGISLATOR'S STAFF OR AS A MEMBER OF THE STAFF OF A LEGISLATIVE COMMITTEEß" Page 2, following line 2: Insert a new bill section to read: "* Sec. 2. AS 15.13.074(c) is amended to read: (c) A person or group may not make a contribution (1) to a candidate for governor or lieutenant governor or an individual who files with the commission the document necessary to permit that individual to incur certain election-related expenses as authorized by AS 15.13.100 for governor or lieutenant governor, when the office is to be filled at a general election, before the later of the following dates: (A) the date the individual (i) becomes a candidate; or (ii) files with the commission the document necessary to permit the individual to incur certain election-related expenses as authorized by AS 15.13.100; or (B) January 1 of the year of the general election; 1997-04-18 Senate Journal Page 1288 SB 105 (2) to a candidate for state office ªTHE STATE LEGISLATUREß or an individual who files with the commission the document necessary to permit that individual to incur certain election-related expenses as authorized by AS 15.13.100 for state office ªTHE STATE LEGISLATUREß, when the office is to be filled at a general election, while the legislature is convened in its regular legislative session and before the later of the following dates: (A) the date the individual (i) becomes a candidate; or (ii) files with the commission the document necessary to permit the individual to incur certain election-related expenses as authorized by AS 15.13.100; or (B) January 1 of the year of the general election; (3) to a candidate or an individual who files with the commission the document necessary to permit that individual to incur certain election-related expenses as authorized by AS 15.13.100 for an office that is to be filled at a special election or municipal election before the later of the following dates: (A) the date the individual (i) becomes a candidate; or (ii) files with the commission the document necessary to permit that individual to incur certain election-related expenses as authorized by AS 15.13.100; (B) is nine months before the date of the general or regular municipal election or that is before the date of the proclamation of the special election at which the candidate or individual seeks election to public office; or (4) to any candidate later than the 45th day (A) after the date of a primary election if the candidate (i) has been nominated at the primary election or is running as a write-in candidate; and 1997-04-18 Senate Journal Page 1289 SB 105 (ii) is not opposed at the general election; (B) after the date of the primary election if the candidate was not nominated at the primary election; or (C) after the date of the general election, or after the date of a municipal or municipal runoff election, if the candidate was opposed at the general, municipal, or municipal runoff election." Renumber the following bill sections accordingly. Page 4, following line 13: Insert a new bill section to read: "* Sec. 5. AS 15.13.400 is amended by adding a new paragraph to read: (12) "state office" includes the office of governor, lieutenant governor, member of the legislature, or similar state office." Renumber the following bill sections accordingly. Page 11, line 23: Delete "state legislative campaign" Insert "campaign for state office ªSTATE LEGISLATIVE CAMPAIGNß" Page 11, line 28: Delete "legislative" Insert "office ªLEGISLATIVEß" Page 11, line 29: Delete "state legislative campaign" Insert "campaign for state office ªSTATE LEGISLATIVE CAMPAIGNß" 1997-04-18 Senate Journal Page 1290 SB 105 Page 33, line 5: Delete "." Insert ";" Page 33, following line 5: Insert a new paragraph to read: "(18) "state office" includes the office of governor, lieutenant governor, member of the legislature, or similar state office." Page 58, line 8: Delete "87 - 92" Insert "89 - 94" Page 58, line 15: Delete "sec. 3" Insert "sec. 4" Page 58, line 23: Delete "2, 3, and 111" Insert "3, 4, and 113" Page 58, line 24: Delete "2, 3, 111, and 112" Insert "3, 4, 113, and 114" Page 58, line 26: Delete "Sections 1 and 4 - 110" Insert "Sections 1, 2, and 5 - 112" Senator Donley moved for the adoption of Amendment No. 9. Objections were heard. The question being: Shall Amendment No. 9 be adopted? The roll was taken with the following result: 1997-04-18 Senate Journal Page 1291 SB 105 CSSB 105(FIN) am Second Reading Amendment No. 9 YEAS: 17 NAYS: 0 EXCUSED: 3 ABSENT: 0 Yeas: Adams, Donley, Duncan, Green, Halford, Kelly, Leman, Lincoln, Mackie, Miller, Parnell, Pearce, Phillips, Sharp, Torgerson, Ward, Wilken Excused: Ellis, Hoffman, Taylor and so, Amendment No. 9 was adopted. Senator Leman, Acting Majority Leader, moved and asked unanimous consent that the bill be considered engrossed, advanced to third reading and placed on final passage. Senator Mackie objected, then withdrew his objection. There being no further objections, it was so ordered. CS FOR SENATE BILL NO. 105(FIN) am was read the third time. The question being: Shall CS FOR SENATE BILL NO. 105(FIN) am An Act relating to legislative and executive branch ethics; relating to campaign finances for candidates for state office; relating to the conduct and regulation of lobbyists with respect to public officials; relating to the filing of disclosures by certain state employees and officials; making a conforming amendment to the definition of public official for employment security statutes; and providing for an effective date pass the Senate? The roll was taken with the following result: 1997-04-18 Senate Journal Page 1292 SB 105 CSSB 105(FIN) am Third Reading - Final Passage Effective Dates YEAS: 15 NAYS: 2 EXCUSED: 3 ABSENT: 0 Yeas: Adams, Donley, Duncan, Green, Halford, Kelly, Leman, Mackie, Miller, Parnell, Pearce, Phillips, Torgerson, Ward, Wilken Nays: Lincoln, Sharp Excused: Ellis, Hoffman, Taylor and so, CS FOR SENATE BILL NO. 105(FIN) am passed the Senate. Senator Leman, Acting Majority Leader, moved and asked unanimous consent that the vote on the passage of the bill be considered the vote on the effective date clauses. Without objection, it was so ordered. Senator Lincoln gave notice of reconsideration.