Legislature(2007 - 2008)

2007-05-09 Senate Journal

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2007-05-09                     Senate Journal                      Page 1157
HB 109                                                                                                                        
CS FOR HOUSE BILL NO. 109(JUD) am "An Act relating to bribery,                                                                  
receiving unlawful gratuities, and campaign contributions; denying                                                              
public employee retirement pension benefits to certain legislators,                                                             
legislative directors, and public officers who commit certain offenses,                                                         
and adding to the duties of the Alaska Retirement Management Board                                                              
and to the list of matters governed by the Administrative Procedure                                                             
Act concerning that denial; relating to campaign financing and ethics,                                                          
including disclosures, in state and municipal government, to lobbying,                                                          
and to employment, service on boards, and disclosures by certain                                                                
public officers and employees who leave state or municipal service or                                                           
leave certain positions in state or municipal government; restricting                                                           
representation of others by legislators and legislative employees;                                                              
relating to blind trusts approved by the Alaska Public Offices                                                                  
Commission; and providing for an effective date" which had been                                                                 
moved to the bottom of the calendar (page 1143) was read the second                                                             
time.                                                                                                                           
                                                                                                                                
Senator Stedman, Cochair, moved and asked unanimous consent for                                                                 
the adoption of the Finance Senate Committee Substitute offered on                                                              
page 1135. Senator Therriault objected, then withdrew his objection.                                                            

2007-05-09                     Senate Journal                      Page 1158
There being no further objection, SENATE CS FOR CS FOR HOUSE                                                                    
BILL NO. 109(FIN) am S "An Act relating to bribery, receiving                                                                   
unlawful gratuities, and campaign contributions; denying public                                                                 
employee retirement pension benefits to certain legislators, legislative                                                        
directors, and public officers who commit certain offenses, and adding                                                          
to the duties of the Alaska Retirement Management Board and to the                                                              
list of matters governed by the Administrative Procedure Act                                                                    
concerning that denial; relating to campaign financing and ethics,                                                              
including disclosures, in state and municipal government, to lobbying,                                                          
and to employment, service on boards, and disclosures by certain                                                                
public officers and employees who leave state or municipal service or                                                           
leave certain positions in state or municipal government; restricting                                                           
representation of others by legislators; relating to blind trusts approved                                                      
by the Alaska Public Offices Commission; and providing for an                                                                   
effective date" (Title Change SCR 6) was adopted.                                                                               
                                                                                                                                
Senator French offered Amendment No. 1 :                                                                                         
                                                                                                                                
Page 7, line 19:                                                                                                                
      Delete "member of the immediate family"                                                                                   
      Insert "spouse or domestic partner"                                                                                       
                                                                                                                                
Page 7, line 23:                                                                                                                
      Delete "$30"                                                                                                              
      Insert "$15"                                                                                                              
                                                                                                                                
Senator French moved for the adoption of Amendment No. 1. Senator                                                               
Stedman objected.                                                                                                               
                                                                                                                                
Senator Stevens moved that the amendment be divided as follows:                                                                 
                                                                                                                                
Amendment No. 1-A:                                                                                                              
                                                                                                                                
Page 7, line 19:                                                                                                                
      Delete "member of the immediate family"                                                                                   
      Insert "spouse or domestic partner"                                                                                       
                                                                                                                                
                                                                                                                                
                                                                                                                                
                                                                                                                                

2007-05-09                     Senate Journal                      Page 1159
Amendment No. 1-B:                                                                                                              
                                                                                                                                
Page 7, line 23:                                                                                                                
      Delete "$30"                                                                                                              
      Insert "$15"                                                                                                              
                                                                                                                                
President Green ruled the question divisible.                                                                                   
                                                                                                                                
Senator French moved for the adoption of Amendment No. 1-A.                                                                     
Without objection, Amendment No. 1-A was adopted.                                                                               
                                                                                                                                
Senator French moved for the adoption of Amendment No. 1-B.                                                                     
Senator Stevens objected.                                                                                                       
                                                                                                                                
Senator Therriault moved and asked unanimous consent for the                                                                    
adoption of the following amendment to Amendment No. 1-B:                                                                       
                                                                                                                                
Delete "$15"                                                                                                                    
Insert "$10"                                                                                                                    
                                                                                                                                
Senator Stevens objected.                                                                                                       
                                                                                                                                
The question being: "Shall the amendment to Amendment No. 1-B be                                                                
adopted?" The roll was taken with the following result:                                                                         
                                                                                                                                
SCS CSHB 109(FIN) am S                                                                                                          
Second Reading                                                                                                                  
Amendment to Amendment No. 1B                                                                                                   
                                                                                                                                
YEAS:  6   NAYS:  14   EXCUSED:  0   ABSENT:  0                                                                               
                                                                                                                                
Yeas:  Davis, Dyson, McGuire, Therriault, Wagoner, Wilken                                                                       
                                                                                                                                
Nays:  Bunde, Cowdery, Ellis, Elton, French, Green, Hoffman,                                                                    
Huggins, Kookesh, Olson, Stedman, Stevens, Thomas, Wielechowski                                                                 
                                                                                                                                
and so, the amendment to Amendment No. 1-B failed.                                                                              
                                                                                                                                
The question being: "Shall Amendment No. 1-B be adopted?" The roll                                                              
was taken with the following result:                                                                                            
                                                                                                                                
                                                                                                                                

2007-05-09                     Senate Journal                      Page 1160
SCS CSHB 109(FIN) am S                                                                                                          
Second Reading                                                                                                                  
Amendment No. 1B                                                                                                                
                                                                                                                                
YEAS:  12   NAYS:  8   EXCUSED:  0   ABSENT:  0                                                                               
                                                                                                                                
Yeas:  Bunde, Dyson, Ellis, Elton, French, McGuire, Olson,                                                                      
Therriault, Thomas, Wagoner, Wielechowski, Wilken                                                                               
                                                                                                                                
Nays:  Cowdery, Davis, Green, Hoffman, Huggins, Kookesh,                                                                        
Stedman, Stevens                                                                                                                
                                                                                                                                
and so, Amendment No. 1-B was adopted.                                                                                          
                                                                                                                                
Senator Dyson offered Amendment No. 2 :                                                                                          
                                                                                                                                
Page 7, line 7, following "state":                                                                                              
      Insert "unless the person has received an unconditional discharge                                                         
from the sentence in the felony conviction"                                                                                     
                                                                                                                                
Page 7, line 13, following "conviction":                                                                                        
      Insert "with a sentence from which the defendant has received an                                                          
unconditional discharge,"                                                                                                       
                                                                                                                                
Page 7, line 15, following "court":                                                                                             
      Insert ";                                                                                                                 
                             (3)  "unconditional discharge" has the meaning                                                     
                                       given in AS 12.55.185"                                                                   
                                                                                                                                
Senator Dyson moved for the adoption of Amendment No. 2. Senator                                                                
Stevens objected.                                                                                                               
                                                                                                                                
The question being: "Shall Amendment No. 2 be adopted?" The roll                                                                
was taken with the following result:                                                                                            
                                                                                                                                
SCS CSHB 109(FIN) am S                                                                                                          
Second Reading                                                                                                                  
Amendment No. 2                                                                                                                 
                                                                                                                                
YEAS:  8   NAYS:  12   EXCUSED:  0   ABSENT:  0                                                                               
                                                                                                                                
Yeas:  Bunde, Davis, Dyson, Elton, McGuire, Therriault, Wagoner,                                                                
Wilken                                                                                                                          
                                                                                                                                
Nays:  Cowdery, Ellis, French, Green, Hoffman, Huggins, Kookesh,                                                                
Olson, Stedman, Stevens, Thomas, Wielechowski                                                                                   

2007-05-09                     Senate Journal                      Page 1161
                                                                                                                                
and so, Amendment No. 2 failed.                                                                                                 
                                                                                                                                
Senator Therriault offered Amendment No. 3 :                                                                                     
                                                                                                                                
Page 20, line 28:                                                                                                               
      Delete "a new subsection"                                                                                                 
      Insert "new subsections"                                                                                                  
                                                                                                                                
Page 21, following line 3:                                                                                                      
      Insert a new subsection to read:                                                                                          
                       "(d)  A member of the legislature may not accept or                                                      
             solicit compensation for performing or agreeing to perform a                                                       
             personal service outside of the member's legislative duties                                                        
             unless the service is of a type ordinarily performed in the                                                        
             member's work, practice, or experience outside of the                                                              
             member's legislative duties."                                                                                      
                                                                                                                                
Senator Therriault moved for the adoption of Amendment No. 3.                                                                   
Senator Stevens objected.                                                                                                       
                                                                                                                                
The question being: "Shall Amendment No. 3 be adopted?" The roll                                                                
was taken with the following result:                                                                                            
                                                                                                                                
SCS CSHB 109(FIN) am S                                                                                                          
Second Reading                                                                                                                  
Amendment No. 3                                                                                                                 
                                                                                                                                
YEAS:  6   NAYS:  14   EXCUSED:  0   ABSENT:  0                                                                               
                                                                                                                                
Yeas:  Bunde, Dyson, Ellis, Therriault, Wagoner, Wilken                                                                         
                                                                                                                                
Nays:  Cowdery, Davis, Elton, French, Green, Hoffman, Huggins,                                                                  
Kookesh, McGuire, Olson, Stedman, Stevens, Thomas, Wielechowski                                                                 
                                                                                                                                
and so, Amendment No. 3 failed.                                                                                                 
                                                                                                                                
Senators Dyson, Huggins offered Amendment No. 4 :                                                                                
                                                                                                                                
Page 42, line 31, through page 43, line 19:                                                                                     
      Delete all material.                                                                                                      
                                                                                                                                
Renumber the following bill sections accordingly.                                                                               
                                                                                                                                

2007-05-09                     Senate Journal                      Page 1162
Page 44, line 19:                                                                                                               
      Delete "secs. 78 and 79"                                                                                                  
      Insert "secs. 77 and 78"                                                                                                  
                                                                                                                                
Senator Dyson moved for the adoption of Amendment No. 4.                                                                        
Objections were heard, then withdrawn. There being no further                                                                   
objections, Amendment No. 4 was adopted.                                                                                        
                                                                                                                                
Senator French offered Amendment No. 5 :                                                                                         
                                                                                                                                
Page 7, line 24, following "legislators":                                                                                       
 Delete "and"                                                                                                                   
 Insert "or"                                                                                                                    
                                                                                                                                
Senator French moved for the adoption of Amendment No. 5. Without                                                               
objection, Amendment No. 5 was adopted.                                                                                         
                                                                                                                                
Amendment No. 6 was not offered.                                                                                                
                                                                                                                                
Senator Stevens moved and asked unanimous consent that the bill be                                                              
considered engrossed, advanced to third reading and placed on final                                                             
passage. Senator Therriault objected, then withdrew his objection.                                                              
There being no further objection, SENATE CS FOR CS FOR HOUSE                                                                    
BILL NO. 109(FIN) am S advanced to third reading.                                                                               
                                                                                                                                
SENATE CS FOR CS FOR HOUSE BILL NO. 109(FIN) am S was                                                                           
read the third time.                                                                                                            
                                                                                                                                
The question being: "Shall SENATE CS FOR CS FOR HOUSE BILL                                                                      
NO. 109(FIN) am S "An Act relating to bribery, receiving unlawful                                                               
gratuities, and campaign contributions; denying public employee                                                                 
retirement pension benefits to certain legislators, legislative directors,                                                      
and public officers who commit certain offenses, and adding to the                                                              
duties of the Alaska Retirement Management Board and to the list of                                                             
matters governed by the Administrative Procedure Act concerning that                                                            
denial; relating to campaign financing and ethics, including                                                                    
disclosures, in state and municipal government, to lobbying, and to                                                             
employment, service on boards, and disclosures by certain public                                                                
officers and employees who leave state or municipal service or leave                                                            
certain positions in state or municipal government; restricting                                                                 

2007-05-09                     Senate Journal                      Page 1163
representation of others by legislators; relating to blind trusts approved                                                      
by the Alaska Public Offices Commission; and providing for an                                                                   
effective date" pass the Senate?" The roll was taken with the following                                                         
result:                                                                                                                         
                                                                                                                                
SCS CSHB 109(FIN) am S                                                                                                          
Third Reading - Final Passage                                                                                                   
Effective Dates                                                                                                                 
                                                                                                                                
YEAS:  20   NAYS:  0   EXCUSED:  0   ABSENT:  0                                                                               
                                                                                                                                
Yeas:  Bunde, Cowdery, Davis, Dyson, Ellis, Elton, French, Green,                                                               
Hoffman, Huggins, Kookesh, McGuire, Olson, Stedman, Stevens,                                                                    
Therriault, Thomas, Wagoner, Wielechowski, Wilken                                                                               
                                                                                                                                
and so, SENATE CS FOR CS FOR HOUSE BILL NO. 109(FIN)                                                                            
am S passed the Senate.                                                                                                         
                                                                                                                                
Senator Stevens 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 Therriault gave notice of reconsideration.