Legislature(2017 - 2018)

2017-04-07 Senate Journal

Full Journal pdf

2017-04-07                     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.