HB 39: "An Act relating to the location of legislative sessions; and providing for an effective date."
00HOUSE BILL NO. 39 01 "An Act relating to the location of legislative sessions; and providing for an 02 effective date." 03 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 04 * Section 1. AS 15.13.072(d) is amended to read: 05 (d) A candidate or an individual who has filed with the commission the 06 document necessary to permit that individual to incur election-related expenses under 07 AS 15.13.100 for election or reelection to the state legislature may not solicit or accept 08 a contribution while the legislature is convened in a regular or special legislative 09 session unless the solicitation or acceptance occurs 10 (1) during the 90 days immediately preceding an election in which the 11 candidate or individual is a candidate; and 12 (2) in a place other than the [CAPITAL] city in which the session is 13 being held . 14 * Sec. 2. AS 15.13.072(g) is amended to read:
01 (g) A candidate or an individual who has filed with the commission the 02 document necessary to permit that individual to incur election-related expenses under 03 AS 15.13.100 for election or reelection to the office of governor or lieutenant governor 04 may not , [SOLICIT OR ACCEPT A CONTRIBUTION IN THE CAPITAL CITY] 05 while the legislature is convened in a regular or special legislative session , solicit or 06 accept a contribution in the city in which the session is being held . 07 * Sec. 3. AS 15.13.074(c) is amended to read: 08 (c) A person or group may not make a contribution 09 (1) to a candidate for governor or lieutenant governor or an individual 10 who files with the commission the document necessary to permit that individual to 11 incur certain election-related expenses as authorized by AS 15.13.100 for governor or 12 lieutenant governor before the later of the following dates: 13 (A) the date the individual 14 (i) becomes a candidate; or 15 (ii) files with the commission the document necessary 16 to permit the individual to incur certain election-related expenses 17 as authorized by AS 15.13.100; or 18 (B) January 1 of the year of the election when the office is to 19 be filled at a general election; or 20 (C) the date of the proclamation when the office is to be filled 21 at a special election; 22 (2) to a candidate for the state legislature or an individual who files 23 with the commission the document necessary to permit that individual to incur certain 24 election-related expenses as authorized by AS 15.13.100 for the state legislature while 25 the legislature is convened in a regular or special legislative session, unless the 26 contribution is made in a place other than the [CAPITAL] city in which the session 27 is being held during the 90 days immediately preceding an election in which the 28 candidate or individual is a candidate, or before the later of the following dates: 29 (A) the date the individual 30 (i) becomes a candidate; or 31 (ii) files with the commission the document necessary
01 to permit the individual to incur certain election-related expenses as 02 authorized by AS 15.13.100; or 03 (B) January 1 of the year of the election; 04 (3) to a candidate or an individual who files with the commission the 05 document necessary to permit that individual to incur certain election-related expenses 06 as authorized by AS 15.13.100 for an office that is to be filled at a municipal election 07 before the later of the following dates: 08 (A) the date the individual 09 (i) becomes a candidate; or 10 (ii) files with the commission the document necessary 11 to permit that individual to incur certain election-related expenses as 12 authorized by AS 15.13.100; 13 (B) the date that is nine months before the date of the municipal 14 election; or 15 (4) to any candidate after the earlier of December 31 of the year of the 16 election or the 60th day 17 (A) after the date of a primary election if the candidate 18 (i) has been nominated at the primary election or is 19 running as a write-in candidate; and 20 (ii) is not opposed at the general election; 21 (B) after the date of the primary election if the candidate was not 22 nominated at the primary election; or 23 (C) after the date of the general election, or after the date of a 24 municipal or municipal runoff election, if the candidate was opposed at the 25 general, municipal, or municipal runoff election; 26 (5) in the [CAPITAL] city in which the session is being held to a 27 candidate for governor or lieutenant governor or the state legislature when the 28 legislature is convened in a regular or special legislative session. 29 * Sec. 4. AS 24.05.090 is amended to read: 30 Sec. 24.05.090. Regular sessions. The legislature shall convene in the 31 Municipality of Anchorage [AT THE CAPITAL] each year on the second Monday
01 in January at 10:00 a.m.; however, following a gubernatorial election year, the 02 legislature shall convene on the third Tuesday in January at 10:00 a.m. The legislative 03 council shall arrange for an appropriate location in Anchorage for each regular 04 session. Except as provided in this section, each legislature shall have a duration of 05 two years and shall consist of a "First Regular Session," which shall meet in the odd- 06 numbered years, and a "Second Regular Session," which shall meet in the even- 07 numbered years, and any special session or sessions that the governor or legislature may find 08 necessary to call. 09 * Sec. 5. AS 24.10.030 is amended to read: 10 Sec. 24.10.030. Chief clerk and senate secretary. Each house shall select 11 from outside its membership a person of known stenographic and administrative ability 12 to serve as chief administrative clerk; a chief clerk in the house of representatives and 13 a secretary in the senate. When nominated and elected in conformity with the uniform 14 rules, they continue to serve for the duration of the legislature at the pleasure of the 15 house to which assigned. Pending the organization of a new legislature, they may 16 continue to serve at the request and direction of the legislative council until their 17 respective houses formally reappoint or replace them. The chief clerk and senate 18 secretary are responsible for the performance of duties provided for by law, the 19 uniform rules, and orders of the house. They may be requested to report to the 20 legislative council for duty for a period not to exceed two weeks immediately 21 preceding the convening of the session and shall remain at the location of the session 22 [CAPITAL] until the completion of their work relating to that session as [IS] 23 determined by the director of the council. 24 * Sec. 6. AS 24.10.130(a) is amended to read: 25 (a) A member of the legislature is entitled to reimbursement for the expenses 26 of moving between the member's place of residence and the Municipality of 27 Anchorage [CAPITAL CITY] for the purpose of attending a regular session of the 28 legislature. 29 * Sec. 7. AS 24.45.041(b) is amended to read: 30 (b) The registration form prescribed by the commission must include 31 (1) the lobbyist's full name and complete permanent residence and
01 business address and telephone number, as well as any temporary residential and 02 business address and telephone number in the City of Anchorage [STATE CAPITAL] 03 during a regular legislative session; 04 (2) the full name and complete address of each person by whom the 05 lobbyist is retained or employed; 06 (3) whether the person from whom the lobbyist receives compensation 07 employs the person solely as a lobbyist or whether the person is a regular employee 08 performing other services for the employer that include but are not limited to the 09 influencing of legislative or administrative action; 10 (4) the nature or form of the lobbyist's compensation for engaging in 11 lobbying, including salary, fees, or reimbursement for expenses received in 12 consideration for, or directly in support of or in connection with, the influencing of 13 legislative or administrative action; 14 (5) a general description of the subjects or matters on which the 15 registrant expects to lobby or to engage in the influencing of legislative or 16 administrative action; 17 (6) the full name and complete address of the person, if other than the 18 registrant, who has custody of the accounts, books, papers, bills, receipts, and other 19 documents required to be maintained under this chapter; 20 (7) the identification of a legislator, legislative employee, or public 21 official to whom the lobbyist is married or who is the spousal equivalent of the 22 lobbyist; in this paragraph, "spousal equivalent" has the meaning given in 23 AS 39.50.030(g). 24 * Sec. 8. AS 24.45.041(e) is amended to read: 25 (e) Within 45 days after the convening of each regular session of the 26 legislature, the commission shall publish a directory of registered lobbyists, containing 27 the information prescribed in (b) of this section for each lobbyist and the photograph, 28 if any, furnished by a lobbyist under (c) of this section. From time to time thereafter 29 the commission shall publish those supplements to the directory that in the 30 commission's judgment may be necessary. The directory shall be made available to 31 public officials and to the public at the following locations: a public place adjacent to
01 the legislative chambers in the Municipality of Anchorage [STATE CAPITOL 02 BUILDING], the office of the lieutenant governor, the legislative reference library of 03 the Legislative Affairs Agency, and the commission's central office. 04 * Sec. 9. AS 24.50.010 is amended to read: 05 Sec. 24.50.010. Annual student guests. The legislature may each year while 06 in session serve as host to one member of each high school in the state for a stay of 07 one week [IN THE CAPITAL] to observe and learn the legislative process. 08 * Sec. 10. AS 24.50.040 is amended to read: 09 Sec. 24.50.040. Essay contest. Before leaving [THE STATE CAPITAL], each 10 legislative guest hosted under AS 24.50.010 shall prepare and submit to the director 11 of the Legislative Affairs Agency a paper of not less than 1,000 words entitled "The 12 Legislature Should . . . . . . . . . . .". Each paper shall be examined and judged as to 13 content by the governor, the president of the senate, the speaker of the house of 14 representatives, the minority leader of the senate, and the minority leader of the house. 15 The author of the paper determined best by majority vote shall receive a one-year 16 scholarship to the University of Alaska. 17 * Sec. 11. AS 24.60.030(a) is amended to read: 18 (a) A legislator or legislative employee may not 19 (1) solicit, agree to accept, or accept a benefit other than official 20 compensation for the performance of public duties; this paragraph may not be 21 construed to prohibit lawful solicitation for and acceptance of campaign contributions 22 or the acceptance of a lawful gratuity under AS 24.60.080; 23 (2) use public funds, facilities, equipment, services, or another 24 government asset or resource for a nonlegislative purpose, for involvement in or 25 support of or opposition to partisan political activity, or for the private benefit of either 26 the legislator, legislative employee, or another person; this paragraph does not prohibit 27 (A) limited use of state property and resources for personal 28 purposes if the use does not interfere with the performance of public duties and 29 either the cost or value related to the use is nominal or the legislator or 30 legislative employee reimburses the state for the cost of the use; 31 (B) the use of mailing lists, computer data, or other information
01 lawfully obtained from a government agency and available to the general public 02 for nonlegislative purposes; 03 (C) telephone or facsimile use that does not carry a special 04 charge; 05 (D) the legislative council, notwithstanding AS 24.05.190, from 06 designating a public facility for use by legislators and legislative employees for 07 health or fitness purposes; when the council designates a facility to be used by 08 legislators and legislative employees for health or fitness purposes, it shall 09 adopt guidelines governing access to and use of the facility; the guidelines may 10 establish times in which use of the facility is limited to specific groups; or 11 (E) a legislator from using the legislator's private office in the 12 [CAPITAL] city in which a legislative session is being held during the [A 13 LEGISLATIVE] session, and for the five days immediately before and the five 14 days immediately after the [A] legislative session, for nonlegislative purposes 15 if the use does not interfere with the performance of public duties and if there 16 is no cost to the state for the use of the space and equipment, other than utility 17 costs and minimal wear and tear, or the legislator promptly reimburses the state 18 for the cost; an office is considered a legislator's private office under this 19 subparagraph if it is the primary space [IN THE CAPITAL CITY] reserved for 20 use by the legislator in the city in which the legislative session is being held , 21 whether or not it is shared with others; 22 (3) knowingly seek, accept, use, allocate, grant, or award public funds 23 for a purpose other than that approved by law, or make a false statement in connection 24 with a claim, request, or application for compensation, reimbursement, or travel 25 allowances from public funds; 26 (4) require a legislative employee to perform services for the private 27 benefit of the legislator or employee at any time, or allow a legislative employee to 28 perform services for the private benefit of a legislator or employee on government 29 time; it is not a violation of this paragraph if the services were performed in an 30 unusual or infrequent situation and the person's services were reasonably necessary to 31 permit the legislator or legislative employee to perform official duties;
01 (5) use or authorize the use of state funds, facilities, equipment, 02 services, or another government asset or resource for the purpose of political fund 03 raising or campaigning; this paragraph does not prohibit 04 (A) limited use of state property and resources for personal 05 purposes if the use does not interfere with the performance of public duties and 06 either the cost or value related to the use is nominal or the legislator or 07 legislative employee reimburses the state for the cost of the use; 08 (B) the use of mailing lists, computer data, or other information 09 lawfully obtained from a government agency and available to the general public 10 for nonlegislative purposes; 11 (C) telephone or facsimile use that does not carry a special 12 charge; 13 (D) storing or maintaining, consistent with (b) of this section, 14 election campaign records in a legislator's office; or 15 (E) a legislator from using the legislator's private office in the 16 [CAPITAL] city in which a legislative session is being held during the [A 17 LEGISLATIVE] session, and for the five days immediately before and the five 18 days immediately after the [A] legislative session, for nonlegislative purposes 19 if the use does not interfere with the performance of public duties and if there 20 is no cost to the state for the use of the space and equipment, other than utility 21 costs and minimal wear and tear, or the legislator promptly reimburses the state 22 for the cost; an office is considered a legislator's private office under this 23 subparagraph if it is the primary space [IN THE CAPITAL CITY] reserved for 24 use by the legislator in the city in which the legislative session is being held , 25 whether or not it is shared with others. 26 * Sec. 12. AS 24.60.031(a) is amended to read: 27 (a) A legislator or legislative employee may not 28 (1) on a day when either house of the legislature is in regular or special 29 session, solicit or accept a contribution or a promise or pledge to make a contribution 30 for a campaign for the state legislature; however, a legislator or legislative employee 31 may, except in the [CAPITAL] city in which the session is being held , solicit or
01 accept a contribution, promise, or pledge for a campaign for the state legislature that 02 occurs during the 90 days immediately preceding an election; 03 (2) accept money from an event held on a day when either house of the 04 legislature is in regular or special session if a substantial purpose of the event is to 05 raise money on behalf of the member or legislative employee for state legislative 06 political purposes; however, this paragraph does not prohibit a legislator or legislative 07 employee from accepting money from an event held in a place other than the 08 [CAPITAL] city in which the session is being held during the 90 days immediately 09 preceding an election; or 10 (3) in a campaign for the state legislature, expend money that was 11 raised on a day when either house of the legislature was in a legislative session by or 12 on behalf of a legislator under a declaration of candidacy or a general letter of intent 13 to become a candidate for public office; however, this paragraph does not apply to 14 money raised in a place other than the [CAPITAL] city in which the session is being 15 held during the 90 days immediately preceding an election. 16 * Sec. 13. AS 24.60.080(c) is amended to read: 17 (c) Notwithstanding (a) of this section, it is not a violation of this section for 18 a legislator or legislative employee to accept 19 (1) hospitality, other than hospitality described in (4) of this subsection, 20 (A) with incidental transportation at the residence of a person; 21 however, a vacation home located outside the state is not considered a 22 residence for the purposes of this subparagraph; or 23 (B) at a social event or meal; 24 (2) discounts that are available 25 (A) generally to the public or to a large class of persons to 26 which the person belongs; or 27 (B) when on official state business, but only if receipt of the 28 discount benefits the state; 29 (3) food or foodstuffs indigenous to the state that are shared generally 30 as a cultural or social norm; 31 (4) travel and hospitality primarily for the purpose of obtaining
01 information on matters of legislative concern; 02 (5) gifts from the immediate family of the person; 03 (6) gifts that are not connected with the recipient's legislative status; 04 (7) a discount for all or part of a legislative session, including time 05 immediately preceding or following the session, or other gift to welcome a legislator 06 or legislative employee who is employed on the personal staff of a legislator or by a 07 standing or special committee to the [CAPITAL] city in which the session is being 08 held or in recognition of the beginning of a legislative session if the gift or discount 09 is available generally to all legislators and the personal staff of legislators and staff of 10 standing and special committees; this paragraph does not apply to legislative 11 employees who are employed by the Legislative Affairs Agency, the office of the chief 12 clerk, the office of the senate secretary, the legislative budget and audit committee, or 13 the office of the ombudsman; or 14 (8) a gift of legal services in a matter of legislative concern and a gift 15 of other services related to the provision of legal services in a matter of legislative 16 concern. 17 * Sec. 14. This Act applies beginning with the convening of the Second Session of the 18 Twenty-Second Alaska State Legislature. 19 * Sec. 15. This Act takes effect July 1, 2001.