00 HOUSE CS FOR CS FOR SENATE BILL NO. 103(JUD) 01 "An Act relating to election campaigns, financial disclosure statements, and legislative 02 ethics." 03 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 04  * Section 1. AS 15.13.030 is amended to read: 05 Sec. 15.13.030. Duties of the commission. The commission shall 06 (1) develop and provide all forms for the reports and statements 07 required to be made under this chapter, AS 24.45, and AS 39.50; the commission  08 shall develop and provide a single form to be used for filings of financial  09 disclosure statements under AS 24.60.200 - 24.60.260 and filings of financial  10 disclosure statements under AS 39.50;  11 (2) prepare and publish a manual setting out uniform methods of 12 bookkeeping and reporting for use by persons required to make reports and statements 13 under this chapter and otherwise assist candidates, groups, and individuals in 14 complying with the requirements of this chapter; 01 (3) receive and hold open for public inspection reports and statements 02 required to be made under this chapter and, upon request, furnish copies at cost to 03 interested persons; 04 (4) compile and maintain a current list of all filed reports and 05 statements; 06 (5) prepare a summary of each report filed under AS 15.13.110 and 07 make copies of this summary available to interested persons at their actual cost; 08 (6) notify, by registered or certified mail, all persons who are 09 delinquent in filing reports and statements required to be made under this chapter; 10 (7) examine, investigate, and compare all reports, statements, and 11 actions required by this chapter, AS 24.45, and AS 39.50; 12 (8) prepare and publish a biennial report concerning the activities of 13 the commission, the effectiveness of this chapter, its enforcement by the attorney 14 general's office, and recommendations and proposals for change; the commission shall 15 notify the legislature that the report is available; 16 (9) adopt regulations necessary to implement and clarify the provisions 17 of AS 24.45, AS 39.50, and this chapter, subject to the provisions of AS 44.62 18 (Administrative Procedure Act). 19  * Sec. 2. AS 15.13.050(b) is amended to read: 20 (b) If a group intends to support only one candidate [,] or to contribute to or 21 expend on behalf of one candidate 33 1/3 percent or more of its funds, the name of the 22 candidate shall be a part of the name of the group. If the group intends to oppose only 23 one candidate [,] or to contribute its funds in opposition to or make expenditures in 24 opposition to a candidate, the group's name must clearly state that it opposes that 25 candidate by using a word such as "opposes," "opposing," "in opposition to," or 26 "against" in the group's name. Promptly upon receiving the registration, the 27 commission shall notify the candidate of the group's organization and intent. A  28 candidate may register more than one group to support the candidate; however,  29 multiple groups controlled by a single candidate shall be treated as a single group  30 for purposes of the contribution limit in AS 15.13.070(b)(1). 31 * Sec. 3. AS 15.13.116(a) is amended to read: 01 (a) A candidate who, after the date of the general, special, municipal, or 02 municipal runoff election or after the date the candidate withdraws as a candidate, 03 whichever comes first, holds unused campaign contributions shall distribute the 04 amount held within 90 days. The distribution may only be made to 05 (1) pay bills incurred for expenditures reasonably related to the 06 campaign and the winding up of the affairs of the campaign, including a victory or 07 thank you party, thank you advertisements, and thank you gifts to campaign 08 employees and volunteers, and to pay expenditures associated with post-election fund 09 raising that may be needed to raise funds to pay off campaign debts; 10 (2) make donations, without condition, to 11 (A) a political party; 12 (B) the state's general fund; 13 (C) a municipality of the state; or 14 (D) the federal government; 15 (3) make donations, without condition, to organizations qualified as 16 charitable organizations under 26 U.S.C. 501(c)(3), provided the organization is not 17 controlled by the candidate or a member of the candidate's immediate family; 18 (4) repay loans from the candidate to the candidate's own campaign 19 under AS 15.13.078(b); 20 (5) repay contributions to contributors, but only if repayment of the 21 contribution is made pro rata in approximate proportion to the contributions made 22 using one of the following, as the candidate determines: 23 (A) to all contributors; 24 (B) to contributors who have contributed most recently; or 25 (C) to contributors who have made larger contributions; 26 (6) establish a fund for, and from that fund to pay, attorney fees or 27 costs incurred in the prosecution or defense of an administrative or civil judicial action 28 that directly concerns a challenge to the victory or defeat of the candidate in the 29 election; 30 (7) transfer all or a portion of the unused campaign contributions to an 31 account for a future election campaign; a transfer under this paragraph is limited to 01 (A) $50,000, if the transfer is made by a candidate for governor 02 or lieutenant governor; 03 (B) $10,000, if the transfer is made by a candidate for the state 04 senate; 05 (C) $5,000, if the transfer is made by a candidate for the state 06 house of representatives; and 07 (D) $5,000, if the transfer is made by a candidate for an office 08 not described in (A) - (C) of this paragraph; 09 (8) transfer all or a portion of the unused campaign contributions to a 10 public office expense term account [OR TO A PUBLIC OFFICE EXPENSE TERM 11 ACCOUNT RESERVE IN ACCORDANCE WITH (d) OF THIS SECTION]; a 12 transfer under this paragraph is subject to the following: 13 (A) the authority to transfer is limited to candidates who are 14 elected to the state legislature; 15 (B) the public office expense term account established under 16 this paragraph may be used only for expenses associated with the candidate's 17 serving as a member of the legislature; 18 (C) all amounts expended from the public office expense term 19 account shall be annually accounted for under AS 15.13.110(a)(4); [AND] 20 (D) a transfer under this paragraph is limited to $10,000 for a  21 candidate for the house of representatives and $20,000 for a candidate for  22 the senate; and  23 (E) at the end of the candidate's term of office, a balance in  24 the public office expense term account must be disposed of as provided in  25 this subsection but may not be disposed of as provided in (1), (4), or (6) -  26 (9) of this subsection [$5,000 MULTIPLIED BY THE NUMBER OF YEARS 27 IN THE TERM TO WHICH THE CANDIDATE IS ELECTED]; and 28 (9) transfer all or a portion of the unused campaign contributions to a 29 municipal office account; a transfer under this paragraph is subject to the following: 30 (A) the authority to transfer is limited to candidates who are 31 elected to municipal office, including a municipal school board; 01 (B) the municipal office account established under this 02 paragraph may be used only for expenses associated with the candidate's 03 serving as mayor or as a member of the assembly, city council, or school 04 board; 05 (C) all amounts expended from the municipal office account 06 shall be annually accounted for under AS 15.13.110(a)(4); and 07 (D) a transfer under this paragraph is limited to $5,000. 08 * Sec. 4. AS 15.13.116(b) is amended to read: 09 (b) After a general, special, municipal, or municipal runoff election, a 10 candidate may retain the ownership of one computer and one printer and of personal 11 property, except money, that was acquired by and for use in the campaign. The 12 current fair market value of the property retained, exclusive of the computer and 13 printer, may not exceed $5,000 [$2,500]. All other property shall be disposed of, or 14 sold and the sale proceeds disposed of, in accordance with (a) or (c) of this section. 15 Notwithstanding any other provision of this chapter, 16 (1) a candidate may (A) [(1)] retain a bulk mailing permit that was 17 paid for with campaign funds, and (B) [(2)] use personal funds, campaign funds, or 18 unused campaign contributions transferred to a public office expense term account 19 under (a)(8) of this section to pay the continuing charges for the permit after the 20 election; money [. MONEY] used to continue the life of the permit is not considered 21 to be a contribution under this chapter; in [. IN] addition to any other use permitted 22 under this chapter, during the candidate's term of office, the candidate may use the 23 bulk mailing permit for mailings associated with service in the office to which the 24 candidate was elected; during [. DURING] the candidate's term of office, if the 25 candidate files a declaration of candidacy or the document necessary to permit the  26 candidate to incur election-related expenses under AS 15.13.100 [A LETTER OF 27 INTENT TO BECOME A CANDIDATE] for the same or a different elective office, 28 the candidate may also use the bulk mailing permit in that election campaign; 29 (2) a candidate may retain campaign photographs and use the  30 photographs for any purpose associated with service in the office to which the  31 candidate was elected;  01 (3) a candidate may retain seasonal greeting cards purchased with  02 campaign funds; and 03 (4) campaign signs prepared for an election that has already taken  04 place have no monetary value and may be retained or disposed of at the  05 candidate's discretion. 06 * Sec. 5. AS 15.13.145(b) is amended to read: 07 (b) Money held by an entity identified in (a)(1) - (3) of this section may be 08 used to influence the outcome of an election concerning a ballot proposition or 09 question if the use is permitted under AS 24.60.030(a)(5)(G) or [, BUT ONLY] if 10 the funds have been specifically appropriated for that purpose by a state law or a 11 municipal ordinance. 12 * Sec. 6. AS 15.13.400(3) is amended to read: 13 (3) "contribution" 14 (A) means a purchase, payment, promise or obligation to pay, 15 loan or loan guarantee, deposit or gift of money, goods, or services for which 16 charge is ordinarily made and that is made for the purpose of influencing the 17 nomination or election of a candidate, and in AS 15.13.010(b) for the purpose 18 of influencing a ballot proposition or question, including the payment by a 19 person other than a candidate or political party, or compensation for the 20 personal services of another person, that are rendered to the candidate or 21 political party; 22 (B) does not include 23 (i) services provided without compensation by 24 individuals volunteering a portion or all of their time on behalf of a 25 political party, candidate, or ballot proposition or question, but it does 26 include professional services, other than legal or accounting services, 27 volunteered by individuals for which they ordinarily would be paid a 28 fee or wage; 29 (ii) [SERVICES PROVIDED BY AN ACCOUNTANT 30 OR OTHER PERSON TO PREPARE REPORTS AND 31 STATEMENTS REQUIRED BY THIS CHAPTER; OR 01 (iii)] ordinary hospitality in a home; 02 (iii) two or fewer mass mailings before each election  03 by each political party describing the party's slate of candidates for  04 election, which may include photographs, biographies, and  05 information about the party's candidates;  06 (iv) the results of a poll limited to issues and not  07 mentioning any candidate, unless the poll was requested by or  08 designed primarily to benefit the candidate or provided by an  09 individual required to register as a lobbyist under AS 24.45; or 10 (v) any communication in the form of a newsletter  11 from a legislator to the legislator's constituents, except a  12 communication expressly advocating the election or defeat of a  13 candidate or a newsletter or material in a newsletter that is clearly  14 only for the private benefit of a legislator or a legislative employee; 15 * Sec. 7. AS 15.13.400(4) is amended to read: 16 (4) "expenditure" 17 (A) means a purchase or a transfer of money or anything of 18 value, or promise or agreement to purchase or transfer money or anything of 19 value, incurred or made for the purpose of 20 (i) influencing the nomination or election of a candidate 21 or of any individual who files for nomination at a later date and 22 becomes a candidate; 23 (ii) use by a political party; 24 (iii) the payment by a person other than a candidate or 25 political party of compensation for the personal services of another 26 person that are rendered to a candidate or political party; or 27 (iv) influencing the outcome of a ballot proposition or 28 question; 29 (B) does not include 30 (i) a candidate's filing fee or the cost of preparing 31 reports and statements required by this chapter; or  01 (ii) communications with a value of $500 or less a  02 year on any subject made by a corporation to its stockholders and  03 employees and their families or by a nonprofit corporation, labor  04 organization, or unincorporated business or trade association to its  05 employees and members and their families; 06  * Sec. 8. AS 24.60.030(a) is amended to read: 07 (a) A legislator or legislative employee may not 08 (1) solicit, agree to accept, or accept a benefit other than official 09 compensation for the performance of public duties; this paragraph may not be 10 construed to prohibit lawful solicitation for and acceptance of campaign contributions 11 or the acceptance of a lawful gratuity under AS 24.60.080; 12 (2) use public funds, facilities, equipment, services, or another 13 government asset or resource for a nonlegislative purpose, for involvement in or 14 support of or opposition to partisan political activity, or for the private benefit of either 15 the legislator, legislative employee, or another person; this paragraph does not prohibit 16 (A) limited use of state property and resources for personal 17 purposes if the use does not interfere with the performance of public duties and 18 either the cost or value related to the use is nominal or the legislator or 19 legislative employee reimburses the state for the cost of the use; 20 (B) the use of mailing lists, computer data, or other information 21 lawfully obtained from a government agency and available to the general 22 public for nonlegislative purposes; 23 (C) telephone or facsimile use that does not carry a special 24 charge; 25 (D) the legislative council, notwithstanding AS 24.05.190, 26 from designating a public facility for use by legislators and legislative 27 employees for health or fitness purposes; when the council designates a facility 28 to be used by legislators and legislative employees for health or fitness 29 purposes, it shall adopt guidelines governing access to and use of the facility; 30 the guidelines may establish times in which use of the facility is limited to 31 specific groups; [OR] 01 (E) a legislator from using the legislator's private office in the 02 capital city during a legislative session, and for the 10 [FIVE] days 03 immediately before and the 10 [FIVE] days immediately after a legislative 04 session, for nonlegislative purposes if the use does not interfere with the 05 performance of public duties and if there is no cost to the state for the use of 06 the space and equipment, other than utility costs and minimal wear and tear, or 07 the legislator promptly reimburses the state for the cost; an office is considered 08 a legislator's private office under this subparagraph if it is the primary space in 09 the capital city reserved for use by the legislator, whether or not it is shared 10 with others; 11 (F) a legislator from use of legislative employees to prepare  12 and send out seasonal greeting cards;  13 (G) a legislator from using state resources to transport  14 computers or other office equipment owned by the legislator but primarily  15 used for a state function;  16 (H) use by a legislator of photographs of that legislator;  17 (I) reasonable use of the Internet by a legislator or a  18 legislative employee except if the use is for election campaign purposes;  19 (J) a legislator from soliciting, accepting, or receiving a gift  20 on behalf of a recognized, nonpolitical charitable organization in a state  21 facility; or  22 (K) a legislator from sending any communication in the  23 form of a newsletter to the legislator's constituents, except a  24 communication expressly advocating the election or defeat of a candidate  25 or a newsletter or material in a newsletter that is clearly only for the  26 private benefit of a legislator or a legislative employee; 27 (3) knowingly seek, accept, use, allocate, grant, or award public funds 28 for a purpose other than that approved by law, or make a false statement in connection 29 with a claim, request, or application for compensation, reimbursement, or travel 30 allowances from public funds; 31 (4) require a legislative employee to perform services for the private 01 benefit of the legislator or employee at any time, or allow a legislative employee to 02 perform services for the private benefit of a legislator or employee on government 03 time; it is not a violation of this paragraph if the services were performed in an 04 unusual or infrequent situation and the person's services were reasonably necessary to 05 permit the legislator or legislative employee to perform official duties; 06 (5) use or authorize the use of state funds, facilities, equipment, 07 services, or another government asset or resource for the purpose of political fund 08 raising or campaigning; this paragraph does not prohibit 09 (A) limited use of state property and resources for personal 10 purposes if the use does not interfere with the performance of public duties and 11 either the cost or value related to the use is nominal or the legislator or 12 legislative employee reimburses the state for the cost of the use; 13 (B) the use of mailing lists, computer data, or other information 14 lawfully obtained from a government agency and available to the general 15 public for nonlegislative purposes; 16 (C) telephone or facsimile use that does not carry a special 17 charge; 18 (D) storing or maintaining, consistent with (b) of this section, 19 election campaign records in a legislator's office; [OR] 20 (E) a legislator from using the legislator's private office in the 21 capital city during a legislative session, and for the 10 [FIVE] days 22 immediately before and the 10 [FIVE] days immediately after a legislative 23 session, for nonlegislative purposes if the use does not interfere with the 24 performance of public duties and if there is no cost to the state for the use of 25 the space and equipment, other than utility costs and minimal wear and tear, or 26 the legislator promptly reimburses the state for the cost; an office is considered 27 a legislator's private office under this subparagraph if it is the primary space in 28 the capital city reserved for use by the legislator, whether or not it is shared 29 with others;  30 (F) use by a legislator of photographs of that legislator; or  31 (G) incidental use of governmental resources by a legislator  01 or legislative employee to support or oppose a proposed amendment to the  02 state or federal constitution; a legislator or legislative employee may  03 support or oppose a proposed constitutional amendment; however, a  04 legislator or legislative employee may not use governmental resources to  05 solicit or receive contributions for a proposed constitutional amendment. 06  * Sec. 9. AS 24.60.080(c) is amended to read: 07 (c) Notwithstanding (a) of this section, it is not a violation of this section for a 08 legislator or legislative employee to accept 09 (1) hospitality, other than hospitality described in (4) of this 10 subsection, 11 (A) with incidental transportation at the residence of a person; 12 however, a vacation home located outside the state is not considered a 13 residence for the purposes of this subparagraph; or 14 (B) at a social event or meal; 15 (2) discounts that are available 16 (A) generally to the public or to a large class of persons to 17 which the person belongs; or 18 (B) when on official state business, but only if receipt of the 19 discount benefits the state; 20 (3) food or foodstuffs indigenous to the state that are shared generally 21 as a cultural or social norm; 22 (4) travel and hospitality primarily for the purpose of obtaining 23 information on matters of legislative concern; 24 (5) gifts from the immediate family of the person; 25 (6) gifts that are not connected with the recipient's legislative status; 26 (7) a discount for all or part of a legislative session, including time 27 immediately preceding or following the session, or other gift to welcome a legislator 28 or legislative employee who is employed on the personal staff of a legislator or by a 29 standing or special committee to the capital city or in recognition of the beginning of a 30 legislative session if the gift or discount is available generally to all legislators and the 31 personal staff of legislators and staff of standing and special committees; this 01 paragraph does not apply to legislative employees who are employed by the 02 Legislative Affairs Agency, the office of the chief clerk, the office of the senate 03 secretary, the legislative budget and audit committee, or the office of the ombudsman; 04 [OR] 05 (8) a gift of legal services in a matter of legislative concern and a gift 06 of other services related to the provision of legal services in a matter of legislative 07 concern; or  08 (9) a gift of transportation from a legislator to a legislator if the  09 transportation takes place in the state on or in an aircraft, boat, motor vehicle, or  10 other means of transport owned or under the control of the donor; this  11 paragraph does not apply to travel described in (4) of this subsection or travel for  12 political campaign purposes. 13  * Sec. 10. AS 24.60.200 is amended by adding a new subsection to read: 14 (b) The form for financial disclosure statements by legislators and legislative 15 directors under this chapter shall be the same form as the form for financial disclosure 16 statements by public officials under AS 39.50, as required by AS 15.13.030(1). 17  * Sec. 11. AS 39.50.050(a) is amended to read: 18 (a) The Alaska Public Offices Commission created under AS 15.13.020(a) 19 shall administer the provisions of this chapter. The commission shall prepare and 20 keep available for distribution [,] standardized forms on which the reports required by 21 this chapter shall be filed. The form for financial disclosure statements under this  22 chapter shall be the same form as the form for financial disclosure statements  23 under AS 24.60.200 - 24.60.260, as required by AS 15.13.030(1). 24  * Sec. 12. AS 15.13.116(d) is repealed. 25  * Sec. 13. The uncodified law of the State of Alaska is amended by adding a new section to 26 read: 27 TRANSITIONAL PROVISION. A candidate for the state legislature who was elected 28 to the state legislature before the effective date of this Act and who holds funds in a public 29 office expense term account reserve shall transfer those funds to a public office expense term 30 account before January 1, 2002.