Legislature(2017 - 2018)
2017-04-07 Senate Journal
Full Journal pdf2017-04-07 Senate Journal Page 0830 SB 5 CS FOR SENATE BILL NO. 5(JUD) "An Act 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" which had been held in third reading (page 777) was before the Senate. 2017-04-07 Senate Journal Page 0831 Senator Wielechowski moved that the bill be returned to second reading for the purpose of a specific amendment, that being Amendment No. 1. Without objection, the bill was returned to second reading. Senator Wielechowski offered Amendment No. 1 : Page 1, line 3, following "session;": Insert "prohibiting a legislator from soliciting a contribution to a political party from a lobbyist;" Page 1, line 6: Delete "a new subsection" Insert "new subsections" Page 1, following line 11: Insert a new subsection to read: "(j) A legislator may not solicit a contribution to a political party from an individual required to register as a lobbyist under AS 24.45." Senator Wielechowski moved for the adoption of Amendment No. 1. Senator Micciche objected. The question being: "Shall Amendment No. 1 be adopted?" The roll was taken with the following result: CSSB 5(JUD) Second Reading Amendment No. 1? YEAS: 7 NAYS: 13 EXCUSED: 0 ABSENT: 0 Yeas: Begich, Dunleavy, Egan, Gardner, Kelly, Olson, Wielechowski Nays: Bishop, Coghill, Costello, Giessel, Hoffman, Hughes, MacKinnon, Meyer, Micciche, Stedman, Stevens, von Imhof, Wilson and so, Amendment No. 1 failed. 2017-04-07 Senate Journal Page 0832 CS FOR SENATE BILL NO. 5(JUD) was automatically in third reading. Senator Wielechowski moved that the bill be returned to second reading for the purpose of a specific amendment, that being Amendment No. 2. Without objection, the bill was returned to second reading. Senator Wielechowski offered Amendment No. 2 : Page 1, line 3, following "session;": Insert "prohibiting a political party from soliciting or accepting a contribution from a lobbyist for the purpose of influencing the outcome of the election of a candidate for the legislature;" Page 2, line 21: Delete "restriction" Insert "restrictions" Page 2, line 22, following "(g)": Insert "or (l)" Page 2, following line 24: Insert a new subsection to read: "(l) A political party may not solicit or accept a contribution from an individual required to register as a lobbyist under AS 24.45 for the purpose of influencing the outcome of the election of a candidate for the legislature." Senator Wielechowski moved for the adoption of Amendment No. 2. Senator Micciche objected. The question being: "Shall Amendment No. 2 be adopted?" The roll was taken with the following result: CSSB 5(JUD) Second Reading Amendment No. 2? YEAS: 8 NAYS: 12 EXCUSED: 0 ABSENT: 0 2017-04-07 Senate Journal Page 0833 Yeas: Begich, Dunleavy, Egan, Gardner, Hughes, Olson, Wielechowski, Wilson Nays: Bishop, Coghill, Costello, Giessel, Hoffman, Kelly, MacKinnon, Meyer, Micciche, Stedman, Stevens, von Imhof and so, Amendment No. 2 failed. CS FOR SENATE BILL NO. 5(JUD) was automatically in third reading. Senator Micciche moved that the bill be returned to second reading for the purpose of all amendments offered today. Without objection, the bill was returned to second reading. Senator Wielechowski offered Amendment No. 3 : Page 1, line 3, following "session;": Insert "prohibiting the immediate family of certain lobbyists from making contributions to certain candidates for the legislature;" Page 2, line 22, following "section": Insert ", the restrictions on contributions by an individual who is a member of the immediate family of an individual required to register as a lobbyist under AS 24.45 in (l) of this section," Page 2, following line 24: Insert new subsections to read: "(l) An individual who is a member of the immediate family of an individual required to register as a lobbyist under AS 24.45 may not, at any time that 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. However, an individual who is a member of the immediate family of an individual required to register as a lobbyist under AS 24.45 may make a contribution to a candidate for the legislature in a district in which the individual is eligible to vote or will be eligible to vote on the date of the election. An individual subject to the restrictions under this subsection shall report to the commission, 2017-04-07 Senate Journal Page 0834 on a form provided by the commission, each contribution made while subject to this section. Upon request of the commission, the individual shall submit the information required under this subsection electronically. (m) In this section, "immediate family" has the meaning given in AS 24.60.990." Senator Wielechowski moved for the adoption of Amendment No. 3. Senator Micciche objected. The question being: "Shall Amendment No. 3 be adopted?" The roll was taken with the following result: CSSB 5(JUD) Second Reading Amendment No. 3? YEAS: 7 NAYS: 13 EXCUSED: 0 ABSENT: 0 Yeas: Begich, Dunleavy, Egan, Gardner, Hughes, Olson, Wielechowski Nays: Bishop, Coghill, Costello, Giessel, Hoffman, Kelly, MacKinnon, Meyer, Micciche, Stedman, Stevens, von Imhof, Wilson and so, Amendment No. 3 failed. Senator Wielechowski offered Amendment No. 4 : Page 1, line 3: Delete "and" Page 1, line 4, following "groups": Insert "; requiring a legislator to abstain from taking or withholding official action or exerting official influence that could benefit or harm the legislator, a member of the legislator's immediate family, an employer of the legislator, or an employer of a member of the legislator's immediate family; relating to voting in an instance where the legislator may have a conflict of interest because of a financial or ownership interest of the legislator or a member of the legislator's immediate family, or an employer of the legislator or a member of the legislator's immediate family; and providing for an effective date" 2017-04-07 Senate Journal Page 0835 Page 7, following line 21: Insert new bill sections to read: "* Sec. 6. AS 24.60.030(e) is amended to read: (e) A legislator may not directly, or by authorizing another to act on the legislator's behalf, (1) agree to, threaten to, or state or imply that the legislator will take or withhold a legislative, administrative, or political action, including support for or opposition to a bill, employment, nominations, and appointments, as a result of a person's decision to provide or not provide a political contribution, donate or not donate to a cause favored by the legislator, or provide or not provide a thing of value; (2) state or imply that the legislator will perform or refrain from performing a lawful constituent service as a result of a person's decision to provide or not provide a political contribution, donate or not donate to a cause favored by the legislator, or provide or not provide a thing of value; or (3) [UNLESS REQUIRED BY THE UNIFORM RULES OF THE ALASKA STATE LEGISLATURE,] take or withhold official action or exert official influence that could substantially benefit or harm the financial or ownership interest of the legislator or a [ANOTHER] person (A) who is a member of the legislator's immediate family; (B) by [WITH] whom the legislator or a member of the legislator's immediate family is employed; (C) with whom the legislator or a member of the legislator's immediate family is negotiating for employment; (D) from whom the legislator or a member of the legislator's immediate family has, in the immediately preceding 12-month period, received more than $4,000 of income; (E) from whom the legislator reasonably believes the legislator or a member of the legislator's immediate family will, in the immediately following 12-month period, receive more than $4,000 of income. * Sec. 7. AS 24.60.030(g) is repealed and reenacted to read: (g) Except for action on an appropriation bill that meets the requirements of AS 37.07.020(a) or 37.07.100 (Executive Budget Act) or a budget proposed by the Alaska Mental Health Trust 2017-04-07 Senate Journal Page 0836 Authority under AS 47.30.046(a), when action by the legislature on a question that is before the legislature may substantially benefit or harm the financial or ownership interest of a legislator or another person described under (e)(3) of this section, the legislator shall request to be excused from (1) participating in the action and abstain from expressing a recommendation, objection, or nonobjection relating to the question when it is before a committee of the legislature; (2) voting on the question when it is before a committee of the legislature and, after making the request, abstain from voting unless otherwise permitted or required by a majority vote of the committee; (3) voting on the question when it is before a house of the legislature and, after making the request, abstain from voting if permitted by majority vote of the house. * Sec. 8. AS 24.60.030(j) is amended to read: (j) In this section, (1) "administrative hearing" means a quasi-judicial hearing before an agency; "administrative hearing" does not include an informal conference or review held by an agency before a final decision is issued or a rate-making proceeding or other nonadjudicative public hearing; (2) "substantially benefit or harm" means the effect on the person's financial or ownership interest is greater than the effect on the financial or ownership interest of the general public of the state. * Sec. 9. AS 24.60.990(a) is amended by adding a new paragraph to read: (17) "financial or ownership interest" includes a property interest, a professional or private relationship, or an interest or involvement in a business, that is or may be a source of income, or from which, or as a result of which, a person has received, will receive, or expects to receive a financial benefit; "financial or ownership interest" does not include an interest of the state. * Sec. 10. The uncodified law of the State of Alaska is amended by adding a new section to read: CONDITIONAL EFFECT. Sections 6 - 10 of this Act take effect only if the Thirtieth Alaska State Legislature passes a resolution that amends Rule 34(b), Uniform Rules of the Alaska State Legislature, to require a member to request to be excused from voting on a question 2017-04-07 Senate Journal Page 0837 before a house of the legislature when the member has a conflict of interest that is reasonably likely to influence the member's vote on the question, and to allow a member's abstention from voting to be approved or disapproved by a majority vote. * Sec. 11. If, under sec. 10 of this Act, secs. 6 - 10 of this Act take effect, they take effect on the later of the effective date of the amendment made to Rule 34(b), Uniform Rules of the Alaska State Legislature, as described in sec. 10 of this Act or on the date described in AS 01.10.070(c)." Senator Wielechowski moved for the adoption of Amendment No. 4. Senator Micciche objected. The question being: "Shall Amendment No. 4 be adopted?" The roll was taken with the following result: CSSB 5(JUD) Second Reading Amendment No. 4? YEAS: 6 NAYS: 14 EXCUSED: 0 ABSENT: 0 Yeas: Begich, Dunleavy, Egan, Gardner, Olson, Wielechowski Nays: Bishop, Coghill, Costello, Giessel, Hoffman, Hughes, Kelly, MacKinnon, Meyer, Micciche, Stedman, Stevens, von Imhof, Wilson and so, Amendment No. 4 failed. CS FOR SENATE BILL NO. 5(JUD) was automatically in third reading. The question being: "Shall CS FOR SENATE BILL NO. 5(JUD) "An Act 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" pass the Senate?" The roll was taken with the following result: CSSB 5(JUD) Third Reading - Final Passage YEAS: 20 NAYS: 0 EXCUSED: 0 ABSENT: 0 2017-04-07 Senate Journal Page 0838 Yeas: Begich, Bishop, Coghill, Costello, Dunleavy, Egan, Gardner, Giessel, Hoffman, Hughes, Kelly, MacKinnon, Meyer, Micciche, Olson, Stedman, Stevens, von Imhof, Wielechowski, Wilson and so, CS FOR SENATE BILL NO. 5(JUD) passed the Senate and was referred to the Secretary for engrossment.