Legislature(2017 - 2018)
2017-04-08 House Journal
Full Journal pdf2017-04-08 House Journal Page 0931 HB 44 The following, which was advanced to third reading from the April 7 calendar (page 900), was read the third time: CS FOR SPONSOR SUBSTITUTE FOR HOUSE BILL NO. 44(STA) "An Act requiring a legislator to abstain from taking or withholding official action or exerting official influence that could benefit or harm an immediate family member or certain employers; and requiring a legislator to request to be excused from voting in an instance where the legislator may have a financial conflict of interest." 2017-04-08 House Journal Page 0932 Representative Birch moved and asked unanimous consent that CSSSHB 44(STA) be returned to second reading for the specific purpose of considering Amendment No. 1. There being no objection, it was so ordered. Amendment No. 1 was offered by Representatives Birch, Millett, Wilson, Neuman, Johnson, Tilton, Saddler, Pruitt, Kopp, Talerico, Sullivan-Leonard, Knopp, Johnston, Chenault, Rauscher, Thompson, and Reinbold: Page 1, line 1, following "Act" (title amendment): Insert "prohibiting certain groups from soliciting and accepting contributions or from making certain contributions and expenditures during a regular or special legislative session; and prohibiting some lobbyists from making campaign contributions to certain groups;" Page 1, following line 5: Insert new bill sections to read: "* Section 1. AS 15.13.072 is amended by adding a new subsection to read: (i) A group that makes expenditures or receives contributions with the authorization or consent, express or implied, or under the control, direct or indirect, of a person who is a legislator may not solicit or accept a contribution for the purpose of influencing the outcome of an election under this chapter while the legislature is convened in a regular or special legislative session. * Sec. 2. AS 15.13.074(g) is repealed and reenacted to read: (g) Except as provided in (j) of this section, an individual required to register as a lobbyist under AS 24.45 may not, at any time the individual is subject to the registration requirement under AS 24.45 and for one year after the date of the individual's initial registration or its renewal, make a contribution to a candidate for the legislature or to a group that makes expenditures or receives contributions (1) with the authorization or consent, express or implied, or under the control, direct or indirect, of (A) a member of the legislature; or (B) an individual who files for election to the state legislature or campaigns as a write-in candidate for the state 2017-04-08 House Journal Page 0933 legislature; and (2) to influence the outcome of an election under this chapter. * Sec. 3. AS 15.13.074 is amended by adding new subsections to read: (j) An individual required to register as a lobbyist under AS 24.45 may make a contribution to a candidate for the legislature in the district in which the individual is eligible to vote or will be eligible to vote on the date of the election. An individual who makes a contribution under this subsection shall report to the commission, on a form provided by the commission, each contribution made while required to register as a lobbyist under AS 24.45 and for one year after the date of the individual's initial registration or renewal. Upon request of the commission, the information required under this subsection shall be submitted electronically. In this subsection, "candidate" means an individual who files for election to the legislature or who campaigns as a write-in candidate for the legislature. (k) The restriction on contributions by an individual required to register as a lobbyist under AS 24.45 in (g) of this section and the reporting requirement of (j) of this section do not apply to a representational lobbyist as defined in regulations of the commission. * Sec. 4. AS 15.13.082 is amended by adding a new subsection to read: (d) A group that makes expenditures or receives contributions with the authorization or consent, express or implied, or under the control, direct or indirect, of a person who is a legislator may not make a contribution or expenditure for the purpose of influencing the outcome of an election under this chapter while the legislature is convened in a regular or special session. * Sec. 5. AS 15.13.400 is amended to read: Sec. 15.13.400. Definitions. In this chapter, unless the context clearly requires otherwise, (1) "candidate" (A) means an individual who files for election to the state legislature, for governor, for lieutenant governor, for municipal office, for retention in judicial office, or for constitutional convention delegate, or who campaigns as a write-in candidate for any of these offices; and 2017-04-08 House Journal Page 0934 (B) when used in a provision of this chapter that limits or prohibits the donation, solicitation, or acceptance of campaign contributions, or limits or prohibits an expenditure, includes (i) a candidate's campaign treasurer and a deputy campaign treasurer; (ii) a member of the candidate's immediate family; (iii) a person acting as agent for the candidate; (iv) the candidate's campaign committee; and (v) a group that makes expenditures or receives contributions with the authorization or consent, express or implied, or under the control, direct or indirect, of the candidate; (2) "commission" means the Alaska Public Offices Commission; (3) "communication" means an announcement or advertisement disseminated through print or broadcast media, including radio, television, cable, and satellite, the Internet, or through a mass mailing, excluding those placed by an individual or nongroup entity and costing $500 or less and those that do not directly or indirectly identify a candidate or proposition, as that term is defined in AS 15.13.065(c); (4) "contribution" (A) means a purchase, payment, promise or obligation to pay, loan or loan guarantee, deposit or gift of money, goods, or services for which charge is ordinarily made, and includes the payment by a person other than a candidate or political party, or compensation for the personal services of another person, that is rendered to the candidate or political party, and that is made for the purpose of (i) influencing the nomination or election of a candidate; (ii) influencing a ballot proposition or question; or (iii) supporting or opposing an initiative proposal application filed with the lieutenant governor under AS 15.45.020; (B) does not include (i) services provided without compensation by 2017-04-08 House Journal Page 0935 individuals volunteering a portion or all of their time on behalf of a political party, candidate, or ballot proposition or question; (ii) ordinary hospitality in a home; (iii) two or fewer mass mailings before each election by each political party describing the party's slate of candidates for election, which may include photographs, biographies, and information about the party's candidates; (iv) the results of a poll limited to issues and not mentioning any candidate, unless the poll was requested by or designed primarily to benefit the candidate; (v) any communication in the form of a newsletter from a legislator to the legislator's constituents, except a communication expressly advocating the election or defeat of a candidate or a newsletter or material in a newsletter that is clearly only for the private benefit of a legislator or a legislative employee; (vi) a fundraising list provided without compensation by one candidate or political party to a candidate or political party; or (vii) an opportunity to participate in a candidate forum provided to a candidate without compensation to the candidate by another person and for which a candidate is not ordinarily charged; (5) "electioneering communication" means a communication that (A) directly or indirectly identifies a candidate; (B) addresses an issue of national, state, or local political importance and attributes a position on that issue to the candidate identified; and (C) occurs within the 30 days preceding a general or municipal election; (6) "expenditure" (A) means a purchase or a transfer of money or anything of value, or promise or agreement to purchase or transfer money or anything of value, incurred or made for the purpose of (i) influencing the nomination or election of a candidate or of any individual who files for nomination at 2017-04-08 House Journal Page 0936 a later date and becomes a candidate; (ii) use by a political party; (iii) the payment by a person other than a candidate or political party of compensation for the personal services of another person that are rendered to a candidate or political party; (iv) influencing the outcome of a ballot proposition or question; or (v) supporting or opposing an initiative proposal application filed with the lieutenant governor under AS 15.45.020; (B) does not include a candidate's filing fee or the cost of preparing reports and statements required by this chapter; (C) includes an express communication and an electioneering communication, but does not include an issues communication; (7) "express communication" means a communication that, when read as a whole and with limited reference to outside events, is susceptible of no other reasonable interpretation but as an exhortation to vote for or against a specific candidate; (8) "group" means (A) every state and regional executive committee of a political party; (B) any combination of two or more individuals acting jointly who organize for the principal purpose of influencing the outcome of one or more elections and who take action the major purpose of which is to influence the outcome of an election; a group that makes expenditures or receives contributions with the authorization or consent, express or implied, or under the control, direct or indirect, of a candidate shall be considered to be controlled by that candidate; a group whose major purpose is to further the nomination, election, or candidacy of only one individual, or intends to expend more than 50 percent of its money on a single candidate, shall be considered to be controlled by that candidate and its actions done with the candidate's knowledge and consent unless, within 10 days from the date the candidate learns of the existence of the group the candidate files with the commission, on a form provided by the commission, an 2017-04-08 House Journal Page 0937 affidavit that the group is operating without the candidate's control; a group organized for more than one year preceding an election and endorsing candidates for more than one office or more than one political party is presumed not to be controlled by a candidate; however, a group that contributes more than 50 percent of its money to or on behalf of one candidate shall be considered to support only one candidate for purposes of AS 15.13.070, whether or not control of the group has been disclaimed by the candidate; and (C) any combination of two or more individuals acting jointly who organize for the principal purpose of filing an initiative proposal application under AS 15.45.020 or who file an initiative proposal application under AS 15.45.020; (9) "immediate family" means the spouse, parent, child, including a stepchild and an adopted child, and sibling of an individual; (10) "independent expenditure" means an expenditure that is made without the direct or indirect consultation or cooperation with, or at the suggestion or the request of, or with the prior consent of, a candidate, a candidate's campaign treasurer or deputy campaign treasurer, or another person acting as a principal or agent of the candidate; (11) "individual" means a natural person; (12) "issues communication" means a communication that (A) directly or indirectly identifies a candidate; and (B) addresses an issue of national, state, or local political importance and does not support or oppose a candidate for election to public office; (13) "nongroup entity" means a person, other than an individual, that takes action the major purpose of which is to influence the outcome of an election, and that (A) cannot participate in business activities; (B) does not have shareholders who have a claim on corporate earnings; and (C) is independent from the influence of business corporations. (14) "person" has the meaning given in AS 01.10.060, and includes a labor union, nongroup entity, and a group; (15) "political party" means any group that is a political 2017-04-08 House Journal Page 0938 party under AS 15.80.010 and any subordinate unit of that group if, consistent with the rules or bylaws of the political party, the unit conducts or supports campaign operations in a municipality, neighborhood, house district, or precinct; (16) "publicly funded entity" means a person, other than an individual, that receives half or more of the money on which it operates during a calendar year from government, including a public corporation." Page 1, line 6: Delete"Section 1" Insert "Sec. 6" Renumber the following bill sections accordingly. Representative Birch moved and asked unanimous consent that Amendment No. 1 be adopted. Representative Grenn objected and rose to a point of order stating that the amendment violates the constitution on the single subject rule. The Speaker ruled that the amendment violates Rule 35 of the Uniform Rules. Representative Millett objected. The question being: "Shall the ruling of the Chair be sustained?" The roll was taken with the following result: CSSSHB 44(STA) Second Reading Amendment No. 1 Sustain Ruling of the Chair YEAS: 23 NAYS: 16 EXCUSED: 1 ABSENT: 0 Yeas: Claman, Drummond, Edgmon, Fansler, Foster, Gara, Grenn, Guttenberg, Josephson, Kawasaki, Kito, Knopp, Kreiss-Tomkins, LeDoux, Ortiz, Parish, Seaton, Spohnholz, Stutes, Tarr, Tuck, Westlake, Wool 2017-04-08 House Journal Page 0939 Nays: Birch, Chenault, Eastman, Johnson, Johnston, Kopp, Millett, Pruitt, Rauscher, Reinbold, Saddler, Sullivan-Leonard, Talerico, Thompson, Tilton, Wilson Excused: Neuman And so, the ruling of the Chair was sustained, and Amendment No. 1 was ruled out of order. Amendment No. 2 was offered by Representative Reinbold: Page 1, line 3, following "legislator to" (title amendment): Insert "declare a conflict of interest or" Page 1, line 4 (title amendment): Delete "financial" Insert "certain" Page 2, line 20, following "legislature,": Insert "if the question concerns a proposed appropriation and the outcome of the proposal would benefit or harm the legislator or a member of the legislator's immediate family or" Page 2, lines 26 - 27: Delete "an appropriation bill that meets the requirements of AS 37.07.020(a) or 37.07.100 (Executive Budget Act)" Insert "a question concerning the pay, benefits, or allowances for members of the legislature" Representative Reinbold moved and asked unanimous consent that Amendment No. 2 be adopted. Representative Grenn objected. The question being: "Shall Amendment No. 2 be adopted?" The roll was taken with the following result: CSSSHB 44(STA) Second Reading Amendment No. 2 YEAS: 15 NAYS: 24 EXCUSED: 1 ABSENT: 0 2017-04-08 House Journal Page 0940 Yeas: Birch, Chenault, Johnson, Johnston, Kopp, Millett, Pruitt, Rauscher, Reinbold, Saddler, Sullivan-Leonard, Talerico, Thompson, Tilton, Wilson Nays: Claman, Drummond, Eastman, Edgmon, Fansler, Foster, Gara, Grenn, Guttenberg, Josephson, Kawasaki, Kito, Knopp, Kreiss-Tomkins, LeDoux, Ortiz, Parish, Seaton, Spohnholz, Stutes, Tarr, Tuck, Westlake, Wool Excused: Neuman And so, Amendment No. 2 was not adopted. The Speaker stated that, without objection, CSSSHB 44(STA) would remain in second reading for all amendments. Amendment No. 3 was offered by Representative Reinbold: Page 1, line 3 (title amendment): Delete "and" Page 1, line 3, following "legislator to" (title amendment): Insert "declare a conflict of interest or" Page 1, line 4, following "interest;" (title amendment): Insert "and relating to required financial disclosures by legislators;" Page 2, lines 24 - 27: Delete ". However, notwithstanding (e)(3) of this section and the limitations of this subsection, a legislator may vote on an appropriation bill that meets the requirements of AS 37.07.020(a) or 37.07.100 (Executive Budget Act)" Page 3, following line 7: Insert new bill sections to read: "* Sec. 4. AS 24.60.030 is amended by adding new subsections to read: (k) A member of the legislature who is a lawyer shall declare a conflict of interest before voting on a question before a committee of the legislature, and shall request to be excused from 2017-04-08 House Journal Page 0941 voting on a question before a house of the legislature, if legislative action on the question will substantially affect the legal profession, the legislator's private practice of law, or the administrative operations of the Alaska Court System. (l) Notwithstanding (e)(3), (g), and (k) of this section, a legislator may vote on an appropriation bill that meets the requirements of AS 37.07.020(a) or 37.07.100 (Executive Budget Act). * Sec. 5. AS 24.60.200 is amended by adding a new subsection to read: (b) A legislator who represents a client as a lawyer and is required under (a)(2) of this section to disclose the income received from the client or owed to the lawyer by the client shall disclose the name of the client." Renumber the following bill section accordingly. Representative Reinbold moved and asked unanimous consent that Amendment No. 3 be adopted. Representative Grenn objected. The question being: "Shall Amendment No. 3 be adopted?" The roll was taken with the following result: CSSSHB 44(STA) Second Reading Amendment No. 3 YEAS: 10 NAYS: 29 EXCUSED: 1 ABSENT: 0 Yeas: Birch, Chenault, Johnson, Johnston, Millett, Pruitt, Reinbold, Saddler, Tilton, Wilson Nays: Claman, Drummond, Eastman, Edgmon, Fansler, Foster, Gara, Grenn, Guttenberg, Josephson, Kawasaki, Kito, Knopp, Kopp, Kreiss-Tomkins, LeDoux, Ortiz, Parish, Rauscher, Seaton, Spohnholz, Stutes, Sullivan-Leonard, Talerico, Tarr, Thompson, Tuck, Westlake, Wool Excused: Neuman And so, Amendment No. 3 was not adopted. 2017-04-08 House Journal Page 0942 Amendment No. 4 was offered by Representative Reinbold: Page 1, line 3 (title amendment): Delete "and" Page 1, line 4, following "interest" (title amendment): Insert "; and requiring a legislator to disclose information relating to the involvement of a lobbyist in certain legislation" Page 3, following line 7: Insert a new bill section to read: "* Sec. 4. AS 24.60.030 is amended by adding a new subsection to read: (k) A legislator who sponsors legislation, including a bill, resolution, or amendment, that the legislator knows a registered lobbyist under AS 24.45 has promoted to one or more legislators, shall disclose in a sponsor statement, and on the house floor, the name and profession of the lobbyist who has promoted the legislation." Renumber the following bill section accordingly. Representative Reinbold moved and asked unanimous consent that Amendment No. 4 be adopted. Representative Gara objected. The question being: "Shall Amendment No. 4 be adopted?" The roll was taken with the following result: CSSSHB 44(STA) Second Reading Amendment No. 4 YEAS: 7 NAYS: 32 EXCUSED: 1 ABSENT: 0 Yeas: Birch, Johnson, Rauscher, Reinbold, Sullivan-Leonard, Tilton, Wilson Nays: Chenault, Claman, Drummond, Eastman, Edgmon, Fansler, Foster, Gara, Grenn, Guttenberg, Johnston, Josephson, Kawasaki, Kito, Knopp, Kopp, Kreiss-Tomkins, LeDoux, Millett, Ortiz, Parish, 2017-04-08 House Journal Page 0943 Pruitt, Saddler, Seaton, Spohnholz, Stutes, Talerico, Tarr, Thompson, Tuck, Westlake, Wool Excused: Neuman And so, Amendment No. 4 was not adopted.