Legislature(2019 - 2020)
2019-03-27 Senate Journal
Full Journal pdf2019-03-27 Senate Journal Page 0638 SB 89 SENATE BILL NO. 89 "An Act relating to the Legislative Ethics Act; and providing for an effective date" was read the second time. Senator Hughes, Chair, moved and asked unanimous consent for the adoption of the Judiciary Committee Substitute offered on page 597. Senator Begich objected, then withdrew his objection. There being no further objection, CS FOR SENATE BILL NO. 89(JUD) was adopted. 2019-03-27 Senate Journal Page 0639 Senator Wilson offered Amendment No. 1 : Page 1, line 1: Delete all material and insert: ""An Act repealing provisions relating to certain campaign expenditures and contributions, the withholding of payment to legislators for per diem and travel expenses in certain instances, certain limitations on gifts by lobbyists to legislators and legislative employees, and certain requirements that a legislator abstain from taking or withholding official action or exerting official influence that could benefit or harm an immediate family member or certain employers; requiring lobbyists to report certain gifts of food or beverage provided to a legislator or legislative employee; and relating to a requirement that a legislator request to be excused from voting in certain instances where the legislator has an ownership or equity interest; and providing for an effective date."" Page 1, line 3, through page 2, line 29: Delete all material and insert: "* Section 1. AS 15.13.068(a) is amended to read: (a) A [FOREIGN-INFLUENCED CORPORATION OR] foreign national may not, directly or indirectly, in connection with an election under this chapter, make a contribution or expenditure or make an express or implied promise to make a contribution or expenditure. * Sec. 2. AS 15.13.068(b) is amended to read: (b) The provisions of this section prohibit a [FOREIGN- INFLUENCED CORPORATION OR] foreign national from making a contribution or expenditure in connection with a state election only to the extent (1) federal law prohibits the foreign-influenced corporation or foreign national from making a contribution or expenditure in connection with a state election; and (2) permitted by federal law. * Sec. 3. AS 15.13.068(e) is repealed and reenacted to read: (e) In this section, "foreign national" includes (1) an individual who is not a United States citizen or lawfully admitted for permanent residence under 8 U.S.C. 1101(a)(20); 2019-03-27 Senate Journal Page 0640 (2) a foreign government, every political subdivision of a foreign government, every official, agent, or representative of a foreign government, and every agency, corporation, or instrumentality of the foreign government or of a political subdivision of a foreign government; (3) a person outside of the United States, unless it is established that the person is an individual and a citizen of and domiciled in the United States, or that the person is not an individual and is organized under or created by the laws of the United States or of any state or other place subject to the jurisdiction of the United States and has its principal place of business in the United States; or (4) a partnership, association, corporation, organization, or other combination of persons organized under the laws of or having its principal place of business in a foreign country. * Sec. 4. AS 24.10.120(a) is amended to read: (a) Salaries, per diem, travel expenses, relocation expenses, and additional allowances for members of the legislature shall be paid as approved by the legislative fiscal officer. [THE LEGISLATIVE FISCAL OFFICER MAY NOT APPROVE PAYMENT FOR A MEMBER'S TRAVEL OUTSIDE THE UNITED STATES UNLESS THE MEMBER FIRST PROVIDES A REPORT ESTABLISHING THAT THE TRAVEL HAS A LEGISLATIVE PURPOSE. THE LEGISLATIVE FISCAL OFFICER SHALL PROVIDE A FORM ON WHICH A REPORT UNDER THIS SUBSECTION MUST BE SUBMITTED.] * Sec. 5. AS 24.10.130(b) is amended to read: (b) Legislators and officers and employees of the legislative branch of government may be entitled to a per diem allowance [; HOWEVER, IF A BILL THAT FULLY FUNDS AN OPERATING BUDGET HAS NOT, WITHIN THE FIRST 121 CONSECUTIVE DAYS OF A REGULAR LEGISLATIVE SESSION, INCLUDING THE DAY THE LEGISLATURE FIRST CONVENES IN THAT REGULAR SESSION, BEEN PASSED BY THE LEGISLATURE, A MEMBER OF THE LEGISLATURE IS NOT ENTITLED TO A DAILY PER DIEM ALLOWANCE FOR A DAY THE LEGISLATURE IS IN SESSION AFTER THAT 121-DAY PERIOD UNTIL THE FIRST DAY AFTER A BILL THAT FULLY FUNDS AN OPERATING BUDGET IS PASSED BY THE LEGISLATURE 2019-03-27 Senate Journal Page 0641 OR THE FIRST DAY OF THE NEXT REGULAR LEGISLATIVE SESSION, WHICHEVER OCCURS EARLIER. IN THIS SUBSECTION, "PASSED BY THE LEGISLATURE" HAS THE MEANING GIVEN IN AS 01.10.070]. * Sec. 6. AS 24.10.130(c) is amended to read: (c) The Alaska Legislative Council shall adopt a policy in accordance with [(b) OF THIS SECTION AND] AS 39.23.540(d) regarding reimbursement for moving expenses applicable to all legislators and an applicable [PAYMENT OF A] per diem allowance policy. The policy must set conditions for the reimbursement for moving expenses and payment of per diem and prescribe the amounts of reimbursement adapted to the special needs of the legislative branch as determined by the council. * Sec. 7. AS 24.45.051 is amended by adding a new subsection to read: (c) A lobbyist required to report to the commission under (a) of this section, who provides or pays for food or beverage for immediate consumption by a legislator or legislative employee or a spouse or domestic partner of a legislator or legislative employee shall report the date the food or beverage was provided or paid for and the recipient's name and relationship to the legislator or legislative employee, unless the food and beverage (1) cost $15 or less; or (2) are provided as part of an event that is open to all legislators or legislative employees. * Sec. 8. AS 24.45.121(a) is amended to read: (a) A lobbyist may not (1) engage in any activity as a lobbyist before registering under AS 24.45.041; (2) do anything with the intent of placing a public official under personal obligation to the lobbyist or to the lobbyist's employer; (3) intentionally deceive or attempt to deceive any public official with regard to any material fact pertinent to pending or proposed legislative or administrative action; (4) cause or influence the introduction of a legislative measure solely for the purpose of thereafter being employed to secure its passage or its defeat; (5) cause a communication to be sent to a public official in the name of any fictitious person or in the name of any real 2019-03-27 Senate Journal Page 0642 person, except with the consent of that person; (6) accept or agree to accept any payment in any way contingent upon the defeat, enactment, or outcome of any proposed legislative or administrative action; (7) serve as a member of a state board or commission, if the lobbyist's employer may receive direct economic benefit from a decision of that board or commission; (8) serve as a campaign manager or director, serve as a campaign treasurer or deputy campaign treasurer on a finance or fund-raising committee, host a fund-raising event, directly or indirectly collect contributions for, or deliver contributions to, a candidate, or otherwise engage in the fund-raising activity of a legislative campaign or campaign for governor or lieutenant governor if the lobbyist has registered, or is required to register, as a lobbyist under this chapter, during the calendar year; this paragraph does not apply to a representational lobbyist as defined in the regulations of the Alaska Public Offices Commission, and does not prohibit a lobbyist from making personal contributions to a candidate as authorized by AS 15.13 or personally advocating on behalf of a candidate; (9) offer, solicit, initiate, facilitate, or provide to or on behalf of a person covered by AS 24.60 a gift, other than food or [A NONALCOHOLIC] beverage for immediate consumption [UNDER AS 24.60.080(a)(2)(A),] or a compassionate gift under AS 24.60.075; however, this paragraph does not prohibit a lobbyist from providing (A) a gift to a legislator or legislative employee who is a member of the lobbyist's immediate family as defined in AS 24.60.990(a), if the gift is unconnected to the recipient's legislative status; (B) tickets to a charity event described in AS 24.60.080(a)(2)(B); or (C) a contribution to a charity event under AS 24.60.080(c)(10); (10) make or offer a gift or a campaign contribution whose acceptance by the person to whom it is offered would violate AS 24.60 or AS 39.52. * Sec. 9. 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, 2019-03-27 Senate Journal Page 0643 (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 [EXCEPT AS PROVIDED IN (g) OF THIS SECTION OR WHILE PARTICIPATING IN A PUBLIC DISCUSSION OR DEBATE], take or withhold official action or exert official influence that could substantially benefit or harm the financial interest of a person [(A) WHO IS A MEMBER OF THE LEGISLATOR'S IMMEDIATE FAMILY; (B) BY WHOM THE LEGISLATOR OR A MEMBER OF THE LEGISLATOR'S IMMEDIATE FAMILY IS EMPLOYED; (C)] with whom the legislator 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 $10,000 OF INCOME]. * Sec. 10. AS 24.60.030(g) is amended to read: (g) Unless [OTHERWISE] required by the Uniform Rules of the Alaska State Legislature, a legislator may not vote [SHALL DECLARE A CONFLICT OF INTEREST BEFORE VOTING] on a question [BEFORE A COMMITTEE OF THE LEGISLATURE, AND SHALL REQUEST TO BE EXCUSED FROM VOTING ON A QUESTION BEFORE A HOUSE OF THE LEGISLATURE,] if the legislator [OR A MEMBER OF THE LEGISLATOR'S IMMEDIATE FAMILY] has an equity or ownership [A FINANCIAL] interest in a business, investment, 2019-03-27 Senate Journal Page 0644 real property, lease, or other enterprise if the interest is substantial and the effect on that interest of the action to be voted on is greater than the effect on a substantial class of persons to which the legislator belongs as a member of a profession, occupation, industry, or region [THE GENERAL PUBLIC OF THE STATE. 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]. * Sec. 11. AS 24.60.080(a) is amended to read: (a) Except as otherwise provided in this section, a legislator or legislative employee may not (1) solicit, accept, or receive, directly or indirectly, a gift worth $250 or more, whether in the form of money, services, a loan, travel, entertainment, hospitality, promise, or other form, or gifts from the same person worth less than $250 that in a calendar year aggregate to $250 or more in value; (2) solicit, accept, or receive a gift with any monetary value from a lobbyist, an immediate family member of a lobbyist, or a person acting on behalf of a lobbyist, except (A) food or [NONALCOHOLIC] beverage for immediate consumption [(i) WITH A VALUE OF $15 OR LESS; OR (ii) PROVIDED AS PART OF AN EVENT THAT IS OPEN TO ALL LEGISLATORS OR LEGISLATIVE EMPLOYEES]; (B) a contribution to a charity event, tickets to a charity event, and gifts to which the tickets may entitle the bearer; however, under this subparagraph a legislator or legislative employee may not solicit, accept, or receive from the same lobbyist, an immediate family member of the lobbyist, or a person acting on behalf of the lobbyist, tickets to a charity event, gifts to which the tickets may entitle the bearer, or both, that in a calendar year aggregate to $250 or more in value; in this subparagraph, "charity event" means an event the proceeds of which go to a charitable organization with tax- free status under 26 U.S.C. 501(c)(3) and that the Alaska legislative council has approved in advance; the tickets may entitle the bearer to admission to the event, to 2019-03-27 Senate Journal Page 0645 entertainment, to food or beverages, or to other gifts or services in connection with the charity event; (C) a gift that is unconnected with the recipient's legislative status and is from a member of the legislator's or legislative employee's immediate family; (D) a gift delivered on the premises of a state facility and accepted on behalf of a recognized nonpolitical charitable organization; or (E) a compassionate gift under AS 24.60.075. * Sec. 12. AS 39.23.540(d) is amended to read: (d) The commission shall make available to the governor and presiding officers of each house of the legislature a final report of its findings and recommendations as to the rate and form of compensation, benefits, and allowances for legislators, the governor, the lieutenant governor, and each principal executive department head during the first 10 days of a legislative session. Subject to [AS 24.10.130(b) AND] (g) of this section, and unless a bill disapproving all the recommendations for all officers listed in this section is enacted into law within 60 days after the recommendations are submitted to the governor and presiding officers of each house of the legislature, a recommendation as to the compensation, benefits, and allowances for (1) a legislator has the force of law and becomes effective on the first day of the next regular legislative session; and (2) the governor, the lieutenant governor, and each principal executive department head has the force of law and becomes effective on the first day of the fiscal year following the fiscal year in which the recommendation is submitted. * Sec. 13. AS 15.13.068(c), 15.13.068(d); AS 24.60.030(j)(2), and 24.60.990(a)(6) are repealed. *Sec. 14. This Act takes effect immediately under AS 01.10.070(c)." Senator Wilson moved for the adoption of Amendment No. 1. Senator Coghill objected. 2019-03-27 Senate Journal Page 0646 The question being: "Shall Amendment No. 1 be adopted?" The roll was taken with the following result: CSSB 89(JUD) Second Reading Amendment No. 1? YEAS: 2 NAYS: 17 EXCUSED: 1 ABSENT: 0 Yeas: Olson, Wilson Nays: Begich, Birch, Bishop, Coghill, Costello, Giessel, Hoffman, Hughes, Kawasaki, Kiehl, Micciche, Reinbold, Shower, Stedman, Stevens, von Imhof, Wielechowski Excused: Gray-Jackson and so, Amendment No. 1 failed. Senator Kiehl offered Amendment No. 2 : Page 2, line 18: Delete "[OR A" Insert "or the legislator's spouse, domestic partner, or dependent child, or nondependent child living with the legislator, [A" Page 2, line 23, following "legislator": Insert "or the legislator's spouse, domestic partner, or dependent child, or nondependent child living with the legislator," Senator Kiehl moved for the adoption of Amendment No. 2. Senator Coghill objected. The question being: "Shall Amendment No. 2 be adopted?" The roll was taken with the following result: CSSB 89(JUD) Second Reading Amendment No. 2? 2019-03-27 Senate Journal Page 0647 YEAS: 5 NAYS: 14 EXCUSED: 1 ABSENT: 0 Yeas: Begich, Kawasaki, Kiehl, Olson, Wielechowski Nays: Birch, Bishop, Coghill, Costello, Giessel, Hoffman, Hughes, Micciche, Reinbold, Shower, Stedman, Stevens, von Imhof, Wilson Excused: Gray-Jackson and so, Amendment No. 2 failed. Senator Kiehl offered Amendment No. 3 : Page 2, lines 14 - 27: Delete all material and insert: "* Sec. 2. AS 24.60.030(g) is amended to read: (g) Unless otherwise required by the Uniform Rules of the Alaska State Legislature, a legislator shall declare a conflict of interest before voting on a question before a committee of the legislature [,] and shall request to be excused from voting on a question before a house of the legislature if action on the question by the committee or that house could affect the legislator by a financial loss or gain that is (1) $1,000 or more; and (2) greater than the resulting financial loss or gain by a substantial class of persons to which the legislator belongs as a member of a profession, occupation, industry, or region [, IF THE LEGISLATOR OR A MEMBER OF THE LEGISLATOR'S IMMEDIATE FAMILY HAS A FINANCIAL INTEREST IN A BUSINESS, INVESTMENT, REAL PROPERTY, LEASE, OR OTHER ENTERPRISE IF THE INTEREST IS SUBSTANTIAL AND THE EFFECT ON THAT INTEREST OF THE ACTION TO BE VOTED ON IS GREATER THAN THE EFFECT ON THE GENERAL PUBLIC OF THE STATE. 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]." Senator Kiehl moved for the adoption of Amendment No. 3. Senator Costello objected. 2019-03-27 Senate Journal Page 0648 The question being: "Shall Amendment No. 3 be adopted?" The roll was taken with the following result: CSSB 89(JUD) Second Reading Amendment No. 3? YEAS: 5 NAYS: 14 EXCUSED: 1 ABSENT: 0 Yeas: Begich, Kawasaki, Kiehl, Olson, Wielechowski Nays: Birch, Bishop, Coghill, Costello, Giessel, Hoffman, Hughes, Micciche, Reinbold, Shower, Stedman, Stevens, von Imhof, Wilson Excused: Gray-Jackson and so, Amendment No. 3 failed. Senator Costello moved and asked unanimous consent the bill be considered engrossed, advanced to third reading and placed on final passage. Without objection, it was so ordered. CS FOR SENATE BILL NO. 89(JUD) was read the third time. The question being: "Shall CS FOR SENATE BILL NO. 89(JUD) "An Act relating to the Legislative Ethics Act; and providing for an effective date" pass the Senate?" The roll was taken with the following result: CSSB 89(JUD) Third Reading - Final Passage Effective Date YEAS: 15 NAYS: 4 EXCUSED: 1 ABSENT: 0 Yeas: Begich, Birch, Bishop, Coghill, Costello, Giessel, Hoffman, Hughes, Micciche, Reinbold, Shower, Stedman, Stevens, von Imhof, Wilson Nays: Kawasaki, Kiehl, Olson, Wielechowski Excused: Gray-Jackson and so, CS FOR SENATE BILL NO. 89(JUD) passed the Senate. 2019-03-27 Senate Journal Page 0649 Senator Costello moved and asked unanimous consent the vote on the passage of the bill be considered the vote on the effective date clause. Without objection, it was so ordered and the bill was referred to the Secretary for engrossment.