Legislature(2003 - 2004)

2004-05-07 House Journal

Full Journal pdf

2004-05-07                     House Journal                      Page 3964
HB 563                                                                                            
The following, which was advanced to third reading from the May 6,                                  
2004, calendar (page 3899), was read the third time:                                                
                                                                                                    
    CS FOR HOUSE BILL NO. 563(JUD)                                                                  
    "An Act relating to legislative branch ethics, to open meetings                                 
    guidelines applicable to legislators, to the confidentiality of                                 
    complaints and proceedings involving alleged violations of                                      
    AS 24.60, and to hearings on formal charges by the Select                                       
    Committee on Legislative Ethics or its subcommittees."                                          
                                                                                                    
                                                                                                    
Representative Gara moved and asked unanimous consent that CSHB
563(JUD) be returned to second reading for the specific purpose of                                  
considering amendments.                                                                             
                                                                                                    
The Speaker stated that, without objection, the rules would be                                      
suspended and the bill would be returned to second reading for all                                  
amendments.                                                                                         
                                                                                                    
Amendment No. 1 was offered  by Representative Gara:                                                 
                                                                                                    

2004-05-07                     House Journal                      Page 3965
Page 2, line 10, following "governor,":                                                             
 Insert "and"                                                                                       
                                                                                                    
Page 2, lines 10 - 11:                                                                              
 Delete ", and discussions of issues in the context of political                                    
strategy"                                                                                           
 Insert ".  However, if a primary purpose of the meeting is the                                     
discussion of legislative or state policy, at least that portion of the                             
meeting must be open to the public"                                                                 
                                                                                                    
Representative Gara moved and asked unanimous consent that                                          
Amendment No. 1 be adopted.                                                                         
                                                                                                    
Representative Rokeberg objected.                                                                   
                                                                                                    
Amendment to Amendment No. 1 was offered  by Representative                                          
Gara:                                                                                               
                                                                                                    
 Delete "legislative"                                                                               
 Insert "legislation"                                                                               
                                                                                                    
Representative Gara moved and asked unanimous consent that                                          
Amendment to Amendment No. 1 be adopted.  There being no                                            
objection, Amendment to Amendment No. 1 was adopted.                                                
                                                                                                    
                                                                                                    
The question being:  "Shall Amendment No. 1 as amended be                                           
adopted?"  The roll was taken with the following result:                                            
                                                                                                    
CSHB 563(JUD)                                                                                       
Second Reading                                                                                      
Amendment No. 1 as amended                                                                          
                                                                                                    
YEAS:  15   NAYS:  22   EXCUSED:  1   ABSENT:  2                                                  
                                                                                                    
Yeas:  Berkowitz, Chenault, Cissna, Crawford, Croft, Gara, Gatto,                                   
Gruenberg, Guttenberg, Kapsner, Kerttula, Lynn, Samuels, Seaton,                                    
Stoltze                                                                                             
                                                                                                    
Nays:  Coghill, Dahlstrom, Fate, Foster, Harris, Hawker, Heinze,                                    
Holm, Joule, Kohring, Kott, Masek, McGuire, Meyer, Morgan, Ogg,                                     
Rokeberg, Stepovich, Weyhrauch, Williams, Wilson, Wolf                                              
                                                                                                    

2004-05-07                     House Journal                      Page 3966
Excused:  Kookesh                                                                                   
                                                                                                    
Absent:  Anderson, Moses                                                                            
                                                                                                    
And so, Amendment No. 1 as amended was not adopted.                                                 
                                                                                                    
Representative Coghill moved and asked unanimous consent that                                       
Representative Moses be excused from a call of the House for the                                    
remainder of the calendar.  There being no objection, it was so                                     
ordered.                                                                                            
                                                                                                    
Amendment No. 2 was offered  by Representative Gara:                                                 
                                                                                                    
Page 2, lines 5 - 6, following ""political strategy"":                                              
 Insert "(1)"                                                                                       
                                                                                                    
Page 2, line 11, following "strategy":                                                              
 Insert ";                                                                                          
             (2)  does not include                                                                  
                  (A)  discussion of the substance of or policy                                     
         arguments for or against legislation; or                                                   
                  (B)  reporting or relating an expression of support for                           
         or opposition to legislation or other state policy made by a                               
         person, business, organization, or group"                                                  
                                                                                                    
Representative Gara moved and asked unanimous consent that                                          
Amendment No. 2 be adopted.                                                                         
                                                                                                    
Representative Rokeberg objected.                                                                   
                                                                                                    
The question being:  "Shall Amendment No. 2 be adopted?"  The roll                                  
was taken with the following result:                                                                
                                                                                                    
CSHB 563(JUD)                                                                                       
Second Reading                                                                                      
Amendment No. 2                                                                                     
                                                                                                    
YEAS:  17   NAYS:  20   EXCUSED:  2   ABSENT:  1                                                  
                                                                                                    
Yeas:  Anderson, Berkowitz, Cissna, Crawford, Croft, Gara,                                          
Gruenberg, Guttenberg, Harris, Kapsner, Kerttula, Kott, Lynn,                                       
McGuire, Morgan, Samuels, Stoltze                                                                   
                                                                                                    

2004-05-07                     House Journal                      Page 3967
Nays:  Chenault, Coghill, Dahlstrom, Fate, Foster, Gatto, Hawker,                                   
Heinze, Holm, Joule, Kohring, Masek, Meyer, Ogg, Rokeberg, Seaton,                                  
Stepovich, Weyhrauch, Williams, Wilson                                                              
                                                                                                    
Excused:  Kookesh, Moses                                                                            
                                                                                                    
Absent:  Wolf                                                                                       
                                                                                                    
McGuire changed from "Nay" to "Yea".                                                                
Anderson changed from "Nay" to "Yea".                                                               
                                                                                                    
And so, Amendment No. 2 was not adopted.                                                            
                                                                                                    
Amendment No. 3 was offered  by Representative Berkowitz:                                            
                                                                                                    
Page 2, line 12:                                                                                    
 Insert "(d) It shall be a violation of this section for a legislator to                            
require any written confirmation of support for a bill by other                                     
legislators before permitting a bill to leave the Rules Committee for a                             
vote on the House or Senate Floor, or before scheduling a bill for                                  
discussion and a vote on either Floor.  Nothing in this subsection shall                            
override the Uniform Rules adopted by the Alaska State Legislature on                               
the number of votes a bill needs to advance from committee."                                        
                                                                                                    
Reletter the following subsections accordingly.                                                     
                                                                                                    
Representative Berkowitz moved and asked unanimous consent that                                     
Amendment No. 3 be adopted.                                                                         
                                                                                                    
Representative Rokeberg objected.                                                                   
                                                                                                    
Representative Rokeberg moved the previous question.                                                
                                                                                                    
Representative Croft objected.                                                                      
                                                                                                    
Representative Rokeberg moved and asked unanimous consent to                                        
withdraw the motion.  There being no objection, it was so ordered.                                  
                                                                                                    
Representative Rokeberg placed a call of the House on the bill.                                     
                                                                                                    
The call was satisfied.                                                                             

2004-05-07                     House Journal                      Page 3968
The question being:  "Shall Amendment No. 3 be adopted?"  The roll                                  
was taken with the following result:                                                                
                                                                                                    
CSHB 563(JUD)                                                                                       
Second Reading                                                                                      
Amendment No. 3                                                                                     
                                                                                                    
YEAS:  17   NAYS:  21   EXCUSED:  2   ABSENT:  0                                                  
                                                                                                    
Yeas:  Berkowitz, Cissna, Crawford, Croft, Dahlstrom, Gara, Gatto,                                  
Gruenberg, Guttenberg, Harris, Hawker, Joule, Kapsner, Kerttula,                                    
Lynn, Stepovich, Stoltze                                                                            
                                                                                                    
Nays:  Anderson, Chenault, Coghill, Fate, Foster, Heinze, Holm,                                     
Kohring, Kott, Masek, McGuire, Meyer, Morgan, Ogg, Rokeberg,                                        
Samuels, Seaton, Weyhrauch, Williams, Wilson, Wolf                                                  
                                                                                                    
Excused:  Kookesh, Moses                                                                            
                                                                                                    
And so, Amendment No. 3 was not adopted.                                                            
                                                                                                    
Amendment No. 4 was not offered.                                                                    
                                                                                                    
                                                                                                    
Amendment No. 5 was offered  by Representative Croft:                                                
                                                                                                    
Page 2, line 5, following "guidelines.":                                                            
 Insert "Whenever a meeting is closed because it involves the                                       
discussion of strategy, the meeting shall be recorded by audio tape.                                
The audio tape shall be provided to nonlegislative staff of the                                     
committee.  If a complaint is received alleging a violation of this                                 
subsection, the nonlegislative staff of the committee may review the                                
tape, and the committee may release to the public those portions of the                             
tape that the committee finds violate this subsection."                                             
                                                                                                    
Representative Croft moved and asked unanimous consent that                                         
Amendment No. 5 be adopted.                                                                         
                                                                                                    
Representative Rokeberg objected.                                                                   
                                                                                                    
                                                                                                    
The question being:  "Shall Amendment No. 5 be adopted?"  The roll                                  
was taken with the following result:                                                                

2004-05-07                     House Journal                      Page 3969
                                                                                                    
CSHB 563(JUD)                                                                                       
Second Reading                                                                                      
Amendment No. 5                                                                                     
                                                                                                    
YEAS:  7   NAYS:  31   EXCUSED:  2   ABSENT:  0                                                   
                                                                                                    
Yeas:  Berkowitz, Crawford, Croft, Gara, Kapsner, Kerttula, Lynn                                    
                                                                                                    
Nays:  Anderson, Chenault, Cissna, Coghill, Dahlstrom, Fate, Foster,                                
Gatto, Gruenberg, Guttenberg, Harris, Hawker, Heinze, Holm, Joule,                                  
Kohring, Kott, Masek, McGuire, Meyer, Morgan, Ogg, Rokeberg,                                        
Samuels, Seaton, Stepovich, Stoltze, Weyhrauch, Williams, Wilson,                                   
Wolf                                                                                                
                                                                                                    
Excused:  Kookesh, Moses                                                                            
                                                                                                    
And so, Amendment No. 5 was not adopted.                                                            
                                                                                                    
                                                                                                    
Amendment No. 6 was offered  by Representative Croft:                                                
                                                                                                    
Page 2, line 7:                                                                                     
 Delete "scheduling of bills,"                                                                      
                                                                                                    
Page 2, lines 7 - 8:                                                                                
 Delete "other procedural matters,"                                                                 
                                                                                                    
Representative Croft moved and asked unanimous consent that                                         
Amendment No. 6 be adopted.                                                                         
                                                                                                    
Representative Rokeberg objected.                                                                   
                                                                                                    
The question being:  "Shall Amendment No. 6 be adopted?"  The roll                                  
was taken with the following result:                                                                
                                                                                                    
CSHB 563(JUD)                                                                                       
Second Reading                                                                                      
Amendment No. 6                                                                                     
                                                                                                    
YEAS:  10   NAYS:  28   EXCUSED:  2   ABSENT:  0                                                  
                                                                                                    
Yeas:  Berkowitz, Cissna, Crawford, Croft, Gara, Guttenberg, Joule,                                 
Kapsner, Kerttula, Lynn                                                                             
                                                                                                    

2004-05-07                     House Journal                      Page 3970
Nays:  Anderson, Chenault, Coghill, Dahlstrom, Fate, Foster, Gatto,                                 
Gruenberg, Harris, Hawker, Heinze, Holm, Kohring, Kott, Masek,                                      
McGuire, Meyer, Morgan, Ogg, Rokeberg, Samuels, Seaton,                                             
Stepovich, Stoltze, Weyhrauch, Williams, Wilson, Wolf                                               
                                                                                                    
Excused:  Kookesh, Moses                                                                            
                                                                                                    
And so, Amendment No. 6 was not adopted.                                                            
                                                                                                    
Amendment No. 7 was offered  by Representative Kerttula:                                             
                                                                                                    
Page 2, line 25 - 26, following "legislators":                                                      
 Delete all material.                                                                               
 Insert "who are members of the same political party or a coalition,                                
who share a political philosophy, or who have a common goal and                                     
organize as a group;"                                                                               
                                                                                                    
Representative Kerttula moved and asked unanimous consent that                                      
Amendment No. 7 be adopted.                                                                         
                                                                                                    
Representative Rokeberg objected.                                                                   
                                                                                                    
The question being:  "Shall Amendment No. 7 be adopted?"  The roll                                  
was taken with the following result:                                                                
                                                                                                    
CSHB 563(JUD)                                                                                       
Second Reading                                                                                      
Amendment No. 7                                                                                     
                                                                                                    
YEAS:  13   NAYS:  25   EXCUSED:  2   ABSENT:  0                                                  
                                                                                                    
Yeas:  Berkowitz, Cissna, Crawford, Croft, Gara, Gruenberg,                                         
Guttenberg, Joule, Kapsner, Kerttula, Samuels, Stoltze, Weyhrauch                                   
                                                                                                    
Nays:  Anderson, Chenault, Coghill, Dahlstrom, Fate, Foster, Gatto,                                 
Harris, Hawker, Heinze, Holm, Kohring, Kott, Lynn, Masek,                                           
McGuire, Meyer, Morgan, Ogg, Rokeberg, Seaton, Stepovich,                                           
Williams, Wilson, Wolf                                                                              
                                                                                                    
Excused:  Kookesh, Moses                                                                            
                                                                                                    
And so, Amendment No. 7 was not adopted.                                                            
                                                                                                    

2004-05-07                     House Journal                      Page 3971
Amendment No. 8 was offered  by Representative Rokeberg:                                             
                                                                                                    
Page 2, lines 14 - 18:                                                                              
 Delete "the complaint shall be treated as two separate complaints                                  
with members of the group apportioned between them so that the                                      
legislative member is not disqualified from participating in a                                      
proceeding involving one of the complaints and the alternate is not                                 
disqualified from serving in a proceeding involving the other"                                      
 Insert "the member and alternate member are disqualified from                                      
serving on the committee with regard to the complaint.  The presiding                               
officer of the house in which the disqualified member serves shall                                  
appoint another member of that house to serve on the committee with                                 
regard to the complaint.  However, if a complaint alleges a violation                               
that includes all legislative members of the same political party of one                            
house, the presiding officer of that house shall request the presiding                              
officer of the other house to appoint from the other house an alternate                             
member of the same political party as the disqualified member to serve                              
with regard to the complaint, and the presiding officer of the other                                
house shall make an appointment"                                                                    
                                                                                                    
Representative Rokeberg moved and asked unanimous consent that                                      
Amendment No. 8 be adopted.                                                                         
                                                                                                    
Objection was heard and withdrawn.  There being no further objection,                               
Amendment No. 8 was adopted.                                                                        
                                                                                                    
                                                                                                    
Amendment No. 9 was offered  by Representative Rokeberg:                                             
                                                                                                    
Page 2, line 26, following "or":                                                                    
 Delete "who organize as a group with a common goal"                                                
 Insert "have a common goal and organize as a group"                                                
                                                                                                    
Page 4, following line 26:                                                                          
 Insert a new bill section to read:                                                                 
   "*Sec. 5. This Act takes effect immediately under AS 01.10.070(c)."                            
                                                                                                    
Representative Rokeberg moved and asked unanimous consent that                                      
Amendment No. 9 be adopted.                                                                         
                                                                                                    

2004-05-07                     House Journal                      Page 3972
Representative Gara objected.                                                                       
                                                                                                    
Amendment to Amendment No. 9 was offered  by Representative                                          
Gara:                                                                                               
                                                                                                    
In Amendment No. 8, following, "member of that house":                                              
 Insert "of the same political party"                                                               
                                                                                                    
Representative Gara moved and asked unanimous consent that                                          
Amendment to Amendment No. 9 be adopted.  There being no                                            
objection, Amendment to Amendment No. 9 was adopted.                                                
                                                                                                    
                                                                                                    
There being no further objection, Amendment No. 9 as amended was                                    
adopted and the new title follows:                                                                  
                                                                                                    
    CS FOR HOUSE BILL NO. 563(JUD) am(efd add)                                                      
    "An Act relating to legislative branch ethics, to open meetings                                 
    guidelines applicable to legislators, to the confidentiality of                                 
    complaints and proceedings involving alleged violations of AS                                   
    24.60, and to hearings on formal charges by the Select Committee                                
    on Legislative Ethics or its subcommittees; and providing for an                                
    effective date."                                                                                
                                                                                                    
                                                                                                    
Amendment No. 10 was offered  by Representative Rokeberg:                                            
                                                                                                    
Page 4, line 10, following "occurred.":                                                             
 Insert "Except to the extent that the confidentiality provisions                               
are waived by the subject of the complaint, the person filing a                                 
complaint shall keep confidential the fact that the person has filed                            
a complaint under this section as well as the contents of the                                   
complaint filed."                                                                               
                                                                                                    
Page 4, line 25, following "complaint.":                                                        
 Insert "Dismissal of a complaint under this subsection does not                                
affect the right of the committee or any person other than the                                  
complainant to initiate a complaint based on the same factual                                   
allegations."                                                                                   
                                                                                                    

2004-05-07                     House Journal                      Page 3973
Representative Rokeberg moved and asked unanimous consent that                                      
Amendment No. 10 be adopted.                                                                        
                                                                                                    
Representative Gara objected and withdrew the objection.  There                                     
being no further objection, Amendment No. 10 was adopted.                                           
                                                                                                    
Amendment No. 11 was offered  by Representative Rokeberg:                                            
                                                                                                    
Page 3, line 30, following "20":                                                                    
 Insert "and less than 90"                                                                      
                                                                                                    
Page 3, line 31, following "agrees to":                                                             
 Delete "an earlier"                                                                                
 Insert "a later [AN EARLIER]"                                                                  
                                                                                                    
Representative Rokeberg moved and asked unanimous consent that                                      
Amendment No. 11 be adopted.  There being no objection, it was so                                   
ordered.                                                                                            
                                                                                                    
Amendment No. 12 was offered  by Representative Rokeberg:                                            
                                                                                                    
Page 4, following line 25:                                                                          
 Insert a new bill section to read:                                                                 
"* Sec. 4.  AS 24.60.170 is amended by adding a new subsection to                                 
read:                                                                                               
         (r)  At any point in the proceedings when the subject of a                                 
    complaint appears before  the committee, the subject of a                                       
    complaint may choose to be accompanied by legal counsel or                                      
    another person who may also present arguments before the                                        
    committee.  The choice of counsel or another person is not subject                              
    to review and approval or disapproval by the committee.  The                                    
    choice by the subject of a complaint to be accompanied under this                               
    subsection does not constitute a waiver of any confidentiality                                  
    provision in this chapter."                                                                     
                                                                                                    
Renumber the following bill section accordingly.                                                    
                                                                                                    
Representative Rokeberg moved and asked unanimous consent that                                      
Amendment No. 12 be adopted.  There being no objection, it was so                                   
ordered.                                                                                            
                                                                                                    

2004-05-07                     House Journal                      Page 3974
Amendment No. 13 was offered  by Representative Rokeberg:                                            
                                                                                                    
Page 2, lines 19 - 20:                                                                              
 Delete "The legislative open meetings guidelines are subservient                                   
to the Uniform Rules adopted by the Alaska State Legislature."                                      
                                                                                                    
Page 2, line 21, following the first occurrence of "Rules":                                         
 Insert "adopted by the Alaska State Legislature"                                                   
                                                                                                    
Representative Rokeberg moved and asked unanimous consent that                                      
Amendment No. 13 be adopted.                                                                        
                                                                                                    
Objection was heard and withdrawn.  There being no further objection,                               
Amendment No. 13 was adopted.                                                                       
                                                                                                    
Amendment No. 14 was offered  by Representatives Gruenberg and                                       
Rokeberg:                                                                                           
                                                                                                    
Page 1, line 14:                                                                                    
 Delete "legislative"                                                                               
 Insert "legislation"                                                                               
                                                                                                    
Page 3, line 16, following "leadership":                                                            
 Insert "meetings"                                                                                  
                                                                                                    
Representative Gruenberg moved and asked unanimous consent that                                     
Amendment No. 14 be adopted.  There being no objection, it was so                                   
ordered.                                                                                            
                                                                                                    
                                                                                                    
Amendment No. 15 was offered  by Representative Gruenberg:                                           
                                                                                                    
Page 4, line 25:                                                                                    
 Delete "shall immediately dismiss the complaint"                                               
 Insert "may dismiss the complaint or take any other action it                                  
deems appropriate"                                                                              
                                                                                                    
Representative Gruenberg moved and asked unanimous consent that                                     
Amendment No. 15 be adopted.                                                                        
                                                                                                    

2004-05-07                     House Journal                      Page 3975
Representative Rokeberg objected.                                                                   
                                                                                                    
The question being:  "Shall Amendment No. 15 be adopted?"  The roll                                 
was taken with the following result:                                                                
                                                                                                    
CSHB 563(JUD) am(efd add)                                                                           
Second Reading                                                                                      
Amendment No. 15                                                                                    
                                                                                                    
YEAS:  16   NAYS:  22   EXCUSED:  2   ABSENT:  0                                                  
                                                                                                    
Yeas:  Berkowitz, Cissna, Crawford, Croft, Dahlstrom, Gara, Gatto,                                  
Gruenberg, Guttenberg, Holm, Joule, Kapsner, Kerttula, Lynn,                                        
McGuire, Stoltze                                                                                    
                                                                                                    
Nays:  Anderson, Chenault, Coghill, Fate, Foster, Harris, Hawker,                                   
Heinze, Kohring, Kott, Masek, Meyer, Morgan, Ogg, Rokeberg,                                         
Samuels, Seaton, Stepovich, Weyhrauch, Williams, Wilson, Wolf                                       
                                                                                                    
Excused:  Kookesh, Moses                                                                            
                                                                                                    
And so, Amendment No. 15 was not adopted.                                                           
                                                                                                    
                                                                                                    
CSHB 563(JUD) am(efd add) was automatically in third reading.                                       
                                                                                                    
                                                                                                    
The question being:  "Shall CSHB 563(JUD) am(efd add) pass the                                      
House?"  The roll was taken with the following result:                                              
                                                                                                    
CSHB 563(JUD) am(efd add)                                                                           
Third Reading                                                                                       
Final Passage                                                                                       
                                                                                                    
YEAS:  30   NAYS:  8   EXCUSED:  2   ABSENT:  0                                                   
                                                                                                    
                                                                                                    
Yeas:  Anderson, Chenault, Coghill, Dahlstrom, Fate, Foster, Gatto,                                 
Gruenberg, Harris, Hawker, Heinze, Holm, Joule, Kapsner, Kohring,                                   
Kott, Masek, McGuire, Meyer, Morgan, Ogg, Rokeberg, Samuels,                                        
Seaton, Stepovich, Stoltze, Weyhrauch, Williams, Wilson, Wolf                                       
                                                                                                    
Nays:  Berkowitz, Cissna, Crawford, Croft, Gara, Guttenberg,                                        
Kerttula, Lynn                                                                                      
                                                                                                    

2004-05-07                     House Journal                      Page 3976
Excused:  Kookesh, Moses                                                                            
                                                                                                    
And so, CSHB 563(JUD) am(efd add) passed the House.                                                 
                                                                                                    
Representative Berkowitz gave notice of reconsideration of the vote                                 
on CSHB 563(JUD) am(efd add).