HB 28: "An Act relating to the location of legislative sessions; and providing for an effective date."
00 HOUSE BILL NO. 28 01 "An Act relating to the location of legislative sessions; and providing for an effective 02 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 location of the session [CAPITAL CITY]. 13 * Sec. 2. AS 15.13.072(g) is amended to read: 14 (g) A candidate or an individual who has filed with the commission the
01 document necessary to permit that individual to incur election-related expenses under 02 AS 15.13.100 for election or reelection to the office of governor or lieutenant governor 03 may not, [SOLICIT OR ACCEPT A CONTRIBUTION IN THE CAPITAL CITY] 04 while the legislature is convened in a regular or special legislative session, solicit or 05 accept a contribution in the location in which the session is being held. 06 * Sec. 3. AS 24.05.090 is amended to read: 07 Sec. 24.05.090. Regular sessions. The legislature shall convene [AT THE 08 CAPITAL] each year on the second Monday in January at 10:00 a.m.; however, 09 following a gubernatorial election year, the legislature shall convene on the third 10 Tuesday in January at 10:00 a.m. Except as provided in this section, each legislature 11 shall have a duration of two years and shall consist of a "First Regular Session," which 12 shall meet in the odd-numbered years, and a "Second Regular Session," which shall 13 meet in the even-numbered years, and any special session or sessions that the governor 14 or legislature may find necessary to call. Each first regular session shall be held at 15 the capital, and each second regular session shall be held at a location outside of 16 the Southeast region of the state designated in a concurrent resolution adopted by 17 the legislature. During consideration of the resolution, the legislature shall 18 review each proposal submitted by a municipality seeking to be designated as the 19 location of the session. If the legislature fails to adopt a concurrent resolution 20 designating the location of a second regular session, the session shall be held at 21 the capital. 22 * Sec. 4. AS 24.10.030 is amended to read: 23 Sec. 24.10.030. Chief clerk and senate secretary. Each house shall select 24 from outside its membership a person of known stenographic and administrative 25 ability to serve as chief administrative clerk; a chief clerk in the house of 26 representatives and a secretary in the senate. When nominated and elected in 27 conformity with the uniform rules, they continue to serve for the duration of the 28 legislature at the pleasure of the house to which assigned. Pending the organization of 29 a new legislature, they may continue to serve at the request and direction of the 30 legislative council until their respective houses formally reappoint or replace them. 31 The chief clerk and senate secretary are responsible for the performance of duties
01 provided for by law, the uniform rules, and orders of the house. They may be 02 requested to report to the legislative council for duty for a period not to exceed two 03 weeks immediately preceding the convening of the session and shall remain at the 04 location of the session [CAPITAL] until the completion of their work relating to 05 that session as [IS] determined by the director of the council. 06 * Sec. 5. AS 24.10.130(a) is amended to read: 07 (a) A member of the legislature is entitled to reimbursement for the expenses 08 of moving between the member's place of residence and the location of the session 09 [CAPITAL CITY] for the purpose of attending a regular session of the legislature. 10 * Sec. 6. AS 24.45.041(b) is amended to read: 11 (b) The registration form prescribed by the commission must include 12 (1) the lobbyist's full name and complete permanent residence and 13 business address and telephone number, as well as any temporary residential and 14 business address and telephone number in the location of the session [STATE 15 CAPITAL] during a regular legislative session; 16 (2) the full name and complete address of each person by whom the 17 lobbyist is retained or employed; 18 (3) whether the person from whom the lobbyist receives compensation 19 employs the person solely as a lobbyist or whether the person is a regular employee 20 performing other services for the employer that include but are not limited to the 21 influencing of legislative or administrative action; 22 (4) the nature or form of the lobbyist's compensation for engaging in 23 lobbying, including salary, fees, or reimbursement for expenses received in 24 consideration for, or directly in support of or in connection with, the influencing of 25 legislative or administrative action; 26 (5) a general description of the subjects or matters on which the 27 registrant expects to lobby or to engage in the influencing of legislative or 28 administrative action; 29 (6) the full name and complete address of the person, if other than the 30 registrant, who has custody of the accounts, books, papers, bills, receipts, and other 31 documents required to be maintained under this chapter;
01 (7) the identification of a legislator, legislative employee, or public 02 official to whom the lobbyist is married or who is the spousal equivalent of the 03 lobbyist; in this paragraph, "spousal equivalent" has the meaning given in 04 AS 39.50.030(g). 05 * Sec. 7. AS 24.45.041(e) is amended to read: 06 (e) Within 45 days after the convening of each regular session of the 07 legislature, the commission shall publish a directory of registered lobbyists, containing 08 the information prescribed in (b) of this section for each lobbyist and the photograph, 09 if any, furnished by a lobbyist under (c) of this section. From time to time thereafter 10 the commission shall publish those supplements to the directory that in the 11 commission's judgment may be necessary. The directory shall be made available to 12 public officials and to the public at the following locations: a public place adjacent to 13 the legislative chambers in the location of the session [STATE CAPITOL 14 BUILDING], the office of the lieutenant governor, the legislative reference library of 15 the Legislative Affairs Agency, and the commission's central office. 16 * Sec. 8. AS 24.50.010 is amended to read: 17 Sec. 24.50.010. Annual student guests. The legislature may each year while 18 in session serve as host to one member of each high school in the state for a stay of 19 one week [IN THE CAPITAL] to observe and learn the legislative process. 20 * Sec. 9. AS 24.50.040 is amended to read: 21 Sec. 24.50.040. Essay contest. Before leaving [THE STATE CAPITAL], 22 each legislative guest hosted under AS 24.50.010 shall prepare and submit to the 23 director of the Legislative Affairs Agency a paper of not less than 1,000 words entitled 24 "The Legislature Should . . . . . . . . . .". Each paper shall be examined and judged as to 25 content by the governor, the president of the senate, the speaker of the house of 26 representatives, the minority leader of the senate, and the minority leader of the house. 27 The author of the paper determined best by majority vote shall receive a one-year 28 scholarship to the University of Alaska. 29 * Sec. 10. AS 24.60.030(a) is amended to read: 30 (a) A legislator or legislative employee may not 31 (1) solicit, agree to accept, or accept a benefit other than official
01 compensation for the performance of public duties; this paragraph may not be 02 construed to prohibit lawful solicitation for and acceptance of campaign contributions 03 or the acceptance of a lawful gratuity under AS 24.60.080; 04 (2) use public funds, facilities, equipment, services, or another 05 government asset or resource for a nonlegislative purpose, for involvement in or 06 support of or opposition to partisan political activity, or for the private benefit of either 07 the legislator, legislative employee, or another person; this paragraph does not prohibit 08 (A) limited use of state property and resources for personal 09 purposes if the use does not interfere with the performance of public duties and 10 either the cost or value related to the use is nominal or the legislator or 11 legislative employee reimburses the state for the cost of the use; 12 (B) the use of mailing lists, computer data, or other information 13 lawfully obtained from a government agency and available to the general 14 public for nonlegislative purposes; 15 (C) telephone or facsimile use that does not carry a special 16 charge; 17 (D) the legislative council, notwithstanding AS 24.05.190, 18 from designating a public facility for use by legislators and legislative 19 employees for health or fitness purposes; when the council designates a facility 20 to be used by legislators and legislative employees for health or fitness 21 purposes, it shall adopt guidelines governing access to and use of the facility; 22 the guidelines may establish times in which use of the facility is limited to 23 specific groups; or 24 (E) a legislator from using the legislator's private office in the 25 location in which a legislative session is being held [CAPITAL CITY] 26 during the [A LEGISLATIVE] session, and for the five days immediately 27 before and the five days immediately after the [A] legislative session, for 28 nonlegislative purposes if the use does not interfere with the performance of 29 public duties and if there is no cost to the state for the use of the space and 30 equipment, other than utility costs and minimal wear and tear, or the legislator 31 promptly reimburses the state for the cost; an office is considered a legislator's
01 private office under this subparagraph if it is the primary space [IN THE 02 CAPITAL CITY] reserved for use by the legislator in the location in which 03 the legislative session is being held, whether or not it is shared with others; 04 (3) knowingly seek, accept, use, allocate, grant, or award public funds 05 for a purpose other than that approved by law, or make a false statement in connection 06 with a claim, request, or application for compensation, reimbursement, or travel 07 allowances from public funds; 08 (4) require a legislative employee to perform services for the private 09 benefit of the legislator or employee at any time, or allow a legislative employee to 10 perform services for the private benefit of a legislator or employee on government 11 time; it is not a violation of this paragraph if the services were performed in an 12 unusual or infrequent situation and the person's services were reasonably necessary to 13 permit the legislator or legislative employee to perform official duties; 14 (5) use or authorize the use of state funds, facilities, equipment, 15 services, or another government asset or resource for the purpose of political fund 16 raising or campaigning; this paragraph does not prohibit 17 (A) limited use of state property and resources for personal 18 purposes if the use does not interfere with the performance of public duties and 19 either the cost or value related to the use is nominal or the legislator or 20 legislative employee reimburses the state for the cost of the use; 21 (B) the use of mailing lists, computer data, or other information 22 lawfully obtained from a government agency and available to the general 23 public for nonlegislative purposes; 24 (C) telephone or facsimile use that does not carry a special 25 charge; 26 (D) storing or maintaining, consistent with (b) of this section, 27 election campaign records in a legislator's office; or 28 (E) a legislator from using the legislator's private office in the 29 location in which a legislative session is being held [CAPITAL CITY] 30 during the [A LEGISLATIVE] session, and for the five days immediately 31 before and the five days immediately after the [A] legislative session, for
01 nonlegislative purposes if the use does not interfere with the performance of 02 public duties and if there is no cost to the state for the use of the space and 03 equipment, other than utility costs and minimal wear and tear, or the legislator 04 promptly reimburses the state for the cost; an office is considered a legislator's 05 private office under this subparagraph if it is the primary space [IN THE 06 CAPITAL CITY] reserved for use by the legislator in the location in which 07 the legislative session is being held, whether or not it is shared with others. 08 * Sec. 11. AS 24.60.031(a) is amended to read: 09 (a) A legislator or legislative employee may not 10 (1) on a day when either house of the legislature is in regular or special 11 session, solicit or accept a contribution or a promise or pledge to make a contribution 12 for a campaign for the state legislature; however, a legislator or legislative employee 13 may, except in the location in which the session is being held [CAPITAL CITY], 14 solicit or accept a contribution, promise, or pledge for a campaign for the state 15 legislature that occurs during the 90 days immediately preceding an election; 16 (2) accept money from an event held on a day when either house of the 17 legislature is in regular or special session if a substantial purpose of the event is to 18 raise money on behalf of the member or legislative employee for state legislative 19 political purposes; however, this paragraph does not prohibit a legislator or legislative 20 employee from accepting money from an event held in a place other than the location 21 in which the session is being held [CAPITAL CITY] during the 90 days immediately 22 preceding an election; or 23 (3) in a campaign for the state legislature, expend money that was 24 raised on a day when either house of the legislature was in a legislative session by or 25 on behalf of a legislator under a declaration of candidacy or a general letter of intent to 26 become a candidate for public office; however, this paragraph does not apply to 27 money raised in a place other than the location in which the session is being held 28 [CAPITAL CITY] during the 90 days immediately preceding an election. 29 * Sec. 12. AS 24.60.080(c) is amended to read: 30 (c) Notwithstanding (a) of this section, it is not a violation of this section for a 31 legislator or legislative employee to accept
01 (1) hospitality, other than hospitality described in (4) of this 02 subsection, 03 (A) with incidental transportation at the residence of a person; 04 however, a vacation home located outside the state is not considered a 05 residence for the purposes of this subparagraph; or 06 (B) at a social event or meal; 07 (2) discounts that are available 08 (A) generally to the public or to a large class of persons to 09 which the person belongs; or 10 (B) when on official state business, but only if receipt of the 11 discount benefits the state; 12 (3) food or foodstuffs indigenous to the state that are shared generally 13 as a cultural or social norm; 14 (4) travel and hospitality primarily for the purpose of obtaining 15 information on matters of legislative concern; 16 (5) gifts from the immediate family of the person; 17 (6) gifts that are not connected with the recipient's legislative status; 18 (7) a discount for all or part of a legislative session, including time 19 immediately preceding or following the session, or other gift to welcome a legislator 20 or legislative employee who is employed on the personal staff of a legislator or by a 21 standing or special committee to the location in which the session is being held 22 [CAPITAL CITY] or in recognition of the beginning of a legislative session if the gift 23 or discount is available generally to all legislators and the personal staff of legislators 24 and staff of standing and special committees; this paragraph does not apply to 25 legislative employees who are employed by the Legislative Affairs Agency, the office 26 of the chief clerk, the office of the senate secretary, the legislative budget and audit 27 committee, or the office of the ombudsman; or 28 (8) a gift of legal services in a matter of legislative concern and a gift 29 of other services related to the provision of legal services in a matter of legislative 30 concern. 31 * Sec. 13. AS 44.06.050 is amended to read:
01 Sec. 44.06.050. Purpose of AS 44.06.050 - 44.06.060. The purpose of 02 AS 44.06.050 - 44.06.060 is to guarantee to the people their right to know and to 03 approve in advance all costs of relocating the capital [OR THE LEGISLATURE]; to 04 insure that the people will have an opportunity to make an informed and objective 05 decision on relocating the capital [OR THE LEGISLATURE] with all pertinent data 06 concerning the costs to the state; and to insure that the costs of relocating the capital 07 [OR THE LEGISLATURE] will not be incurred by the state without the approval of 08 the electorate. 09 * Sec. 14. AS 44.06.055 is amended to read: 10 Sec. 44.06.055. Relocation expenditures. State money may be expended to 11 relocate physically the capital [OR THE LEGISLATURE] from the present location 12 only after a majority of those voting in a statewide election have approved a bond 13 issue that includes all bondable costs to the state of the relocation of a functional state 14 [LEGISLATURE OR] capital to the new site over the twelve-year period following 15 such approval. The commission established in AS 44.06.060 shall determine all 16 bondable costs and total costs including, but not limited to, the costs of moving 17 personnel and offices to the relocation site; the social, economic, and environmental 18 costs to the present and relocation sites; and the costs to the state of planning, building, 19 furnishing, using, and financing facilities at least equal to those provided by the 20 present capital city. 21 * Sec. 15. AS 44.06.060 is amended to read: 22 Sec. 44.06.060. Commission. The legislature shall establish a commission 23 composed of nine members, including a chairperson and two persons from each 24 judicial district, appointed by the governor and confirmed by the legislature, to 25 determine the costs required by initiatives or legislative enactments authorizing 26 relocation of any of the present functions of the executive or judicial branches of 27 state government. 28 * Sec. 16. The uncodified law of the State of Alaska is amended by adding a new section to 29 read: 30 APPLICABILITY. This Act applies beginning with the convening of the Second 31 Session of the Twenty-Third Alaska State Legislature.