SB 103: "An Act relating to election campaigns and legislative ethics; and providing for an effective date."
00 SENATE BILL NO. 103 01 "An Act relating to election campaigns and legislative ethics; and providing for an 02 effective date." 03 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 04 * Section 1. AS 15.13.050(b) is amended to read: 05 (b) If a group intends to support only one candidate [,] or to contribute to or 06 expend on behalf of one candidate 33 1/3 percent or more of its funds, the name of the 07 candidate shall be a part of the name of the group. If the group intends to oppose only 08 one candidate [,] or to contribute its funds in opposition to or make expenditures in 09 opposition to a candidate, the group's name must clearly state that it opposes that 10 candidate by using a word such as "opposes," "opposing," "in opposition to," or 11 "against" in the group's name. Promptly upon receiving the registration, the 12 commission shall notify the candidate of the group's organization and intent. A 13 candidate may register more than one group to support the candidate; however, 14 multiple groups controlled by a single candidate shall be treated as a single group
01 for purposes of the contribution limit in AS 15.13.070(b)(1). 02 * Sec. 2. AS 15.13.116(a) is amended to read: 03 (a) A candidate who, after the date of the general, special, municipal, or 04 municipal runoff election or after the date the candidate withdraws as a candidate, 05 whichever comes first, holds unused campaign contributions shall distribute the 06 amount held within 90 days. The distribution may only be made to 07 (1) pay bills incurred for expenditures reasonably related to the 08 campaign and the winding up of the affairs of the campaign, including a victory or 09 thank you party, thank you advertisements, and thank you gifts to campaign 10 employees and volunteers, and to pay expenditures associated with post-election fund 11 raising that may be needed to raise funds to pay off campaign debts; 12 (2) make donations, without condition, to 13 (A) a political party; 14 (B) the state's general fund; 15 (C) a municipality of the state; or 16 (D) the federal government; 17 (3) make donations, without condition, to organizations qualified as 18 charitable organizations under 26 U.S.C. 501(c)(3), provided the organization is not 19 controlled by the candidate or a member of the candidate's immediate family; 20 (4) repay loans from the candidate to the candidate's own campaign 21 under AS 15.13.078(b); 22 (5) repay contributions to contributors, but only if repayment of the 23 contribution is made pro rata in approximate proportion to the contributions made 24 using one of the following, as the candidate determines: 25 (A) to all contributors; 26 (B) to contributors who have contributed most recently; or 27 (C) to contributors who have made larger contributions; 28 (6) establish a fund for, and from that fund to pay, attorney fees or 29 costs incurred in the prosecution or defense of an administrative or civil judicial action 30 that directly concerns a challenge to the victory or defeat of the candidate in the 31 election;
01 (7) transfer all or a portion of the unused campaign contributions to an 02 account for a future election campaign; a transfer under this paragraph is limited to 03 (A) $50,000, if the transfer is made by a candidate for governor 04 or lieutenant governor; 05 (B) $10,000, if the transfer is made by a candidate for the state 06 senate; 07 (C) $5,000, if the transfer is made by a candidate for the state 08 house of representatives; and 09 (D) $5,000, if the transfer is made by a candidate for an office 10 not described in (A) - (C) of this paragraph; 11 (8) transfer all or a portion of the unused campaign contributions to a 12 public office expense term account or to a public office expense term account reserve 13 in accordance with (d) of this section; a transfer under this paragraph is subject to the 14 following: 15 (A) the authority to transfer is limited to candidates who are 16 elected to the state legislature; 17 (B) the public office expense term account established under 18 this paragraph may be used only for expenses associated with the candidate's 19 serving as a member of the legislature; 20 (C) all amounts expended from the public office expense term 21 account shall be annually accounted for under as 15.13.110(a)(4); and 22 (D) a transfer under this paragraph is limited to $5,000 23 multiplied by the number of years in the term to which the candidate is elected; 24 and 25 (9) transfer all or a portion of the unused campaign contributions to a 26 municipal office account; a transfer under this paragraph is subject to the following: 27 (A) the authority to transfer is limited to candidates who are 28 elected to municipal office, including a municipal school board; 29 (B) the municipal office account established under this 30 paragraph may be used only for expenses associated with the candidate's 31 serving as mayor or as a member of the assembly, city council, or school
01 board; 02 (C) all amounts expended from the municipal office account 03 shall be annually accounted for under AS 15.13.110(a)(4); and 04 (D) a transfer under this paragraph is limited to $5,000. 05 * Sec. 3. AS 15.13.116(b) is amended to read: 06 (b) After a general, special, municipal, or municipal runoff election, a 07 candidate may retain the ownership of one computer and one printer and of personal 08 property, except money, that was acquired by and for use in the campaign. The 09 current fair market value of the property retained, exclusive of the computer and 10 printer, may not exceed $5,000 [$2,500]. All other property shall be disposed of, or 11 sold and the sale proceeds disposed of, in accordance with (a) or (c) of this section. 12 Notwithstanding any other provision of this chapter, 13 (1) a candidate may (A) [(1)] retain a bulk mailing permit that was 14 paid for with campaign funds, and (B) [(2)] use personal funds, campaign funds, or 15 unused campaign contributions transferred to a public office expense term account 16 under (a)(8) of this section to pay the continuing charges for the permit after the 17 election; money [. MONEY] used to continue the life of the permit is not considered 18 to be a contribution under this chapter; in [. IN] addition to any other use permitted 19 under this chapter, during the candidate's term of office, the candidate may use the 20 bulk mailing permit for mailings associated with service in the office to which the 21 candidate was elected; during [. DURING] the candidate's term of office, if the 22 candidate files a declaration of candidacy or the document necessary to permit the 23 candidate to incur election-related expenses under AS 15.13.100 [A LETTER OF 24 INTENT TO BECOME A CANDIDATE] for the same or a different elective office, 25 the candidate may also use the bulk mailing permit in that election campaign; 26 (2) a candidate may retain campaign photographs and use the 27 photographs for any purpose associated with service in the office to which the 28 candidate was elected; 29 (3) a candidate may retain seasonal greeting cards purchased with 30 campaign funds; and 31 (4) campaign signs prepared for an election that has already taken
01 place have no monetary value and may be retained or disposed of at the 02 candidate's discretion. 03 * Sec. 4. AS 15.13.116(d) is amended to read: 04 (d) After a general or special election, a candidate for the state legislature who 05 has been elected to the state legislature in that election may, from the amount retained 06 in the public office expense term account reserve under this subsection, transfer to a 07 public office expense term account not more than $5,000 each calendar year plus any 08 interest that has accrued in the public office expense term account reserve for use 09 only for expenses associated with the candidate's serving as a member of the 10 legislature. A candidate for the senate may transfer up to $20,000 from unused 11 campaign contributions to a public office expense term account reserve. A candidate 12 for the house of representatives may transfer up to $10,000 from unused campaign 13 contributions to a public office expense term account reserve. The public office 14 expense term account reserve may only be used to make transfers to the public office 15 expense term account. At the end of the candidate's term of office, a balance in the 16 public office expense term account reserve must be disposed of as provided in (a) of 17 this section but may not be disposed of as provided in (a)(1), (4), or (6) - (9) of this 18 section. All amounts expended under this subsection shall be annually accounted for 19 under AS 15.13.110(a)(4). 20 * Sec. 5. AS 15.13.145(b) is amended to read: 21 (b) Money held by an entity identified in (a)(1) - (3) of this section may be 22 used to influence the outcome of an election concerning a ballot proposition or 23 question if the use is permitted under AS 24.60.030(a)(5)(H) or [, BUT ONLY] if 24 the funds have been specifically appropriated for that purpose by a state law or a 25 municipal ordinance. 26 * Sec. 6. AS 15.13.400(3) is amended to read: 27 (3) "contribution" 28 (A) means a purchase, payment, promise or obligation to pay, 29 loan or loan guarantee, deposit or gift of money, goods, or services for which 30 charge is ordinarily made and that is made for the purpose of influencing the 31 nomination or election of a candidate, and in AS 15.13.010(b) for the purpose
01 of influencing a ballot proposition or question, including the payment by a 02 person other than a candidate or political party, or compensation for the 03 personal services of another person, that are rendered to the candidate or 04 political party; 05 (B) does not include 06 (i) services provided without compensation by 07 individuals volunteering a portion or all of their time on behalf of a 08 political party, candidate, or ballot proposition or question, but it does 09 include professional services volunteered by individuals for which they 10 ordinarily would be paid a fee or wage; 11 (ii) services provided by an accountant or other person 12 to prepare reports and statements required by this chapter; [OR] 13 (iii) ordinary hospitality in a home; 14 (iv) for purposes of the limitations on the amount of 15 contributions in this chapter, professional legal or accounting 16 services that are provided to a political party without 17 compensation by an attorney or accountant; the nature or form of 18 the entity under which the attorney or accountant conducts the 19 attorney's or accountant's professional practice does not affect the 20 exception; however, the value of services provided, calculated at 21 the attorney's or accountant's customary rate, shall be reported as 22 a contribution by the state or regional executive committee of the 23 political party under this chapter; 24 (v) mass mailings by each political party describing 25 the party's slate of candidates for election, which may include 26 photographs and biographies of the party's candidates; or 27 (vi) the results of a poll limited to issues and not 28 mentioning any candidate unless the poll was requested by or 29 designed primarily to benefit the candidate; 30 * Sec. 7. AS 24.60.030(a) is amended to read: 31 (a) A legislator or legislative employee may not
01 (1) solicit, agree to accept, or accept a benefit other than official 02 compensation for the performance of public duties; this paragraph may not be 03 construed to prohibit lawful solicitation for and acceptance of campaign contributions 04 or the acceptance of a lawful gratuity under AS 24.60.080; 05 (2) use public funds, facilities, equipment, services, or another 06 government asset or resource for a nonlegislative purpose, for involvement in or 07 support of or opposition to partisan political activity, or for the private benefit of either 08 the legislator, legislative employee, or another person; 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) the legislative council, notwithstanding AS 24.05.190, 19 from designating a public facility for use by legislators and legislative 20 employees for health or fitness purposes; when the council designates a facility 21 to be used by legislators and legislative employees for health or fitness 22 purposes, it shall adopt guidelines governing access to and use of the facility; 23 the guidelines may establish times in which use of the facility is limited to 24 specific groups; [OR] 25 (E) a legislator from using the legislator's private office in the 26 capital city during a legislative session, and for the 10 [FIVE] days 27 immediately before and the 10 [FIVE] days immediately after a legislative 28 session, for nonlegislative purposes if the use does not interfere with the 29 performance of public duties and if there is no cost to the state for the use of 30 the space and equipment, other than utility costs and minimal wear and tear, or 31 the legislator promptly reimburses the state for the cost; an office is considered
01 a legislator's private office under this subparagraph if it is the primary space in 02 the capital city reserved for use by the legislator, whether or not it is shared 03 with others; 04 (F) a legislator from use of legislative employees to prepare 05 and send out seasonal greeting cards; 06 (G) a legislator from using state resources to transport 07 computers or other office equipment owned by the legislator but primarily 08 used for a state function; 09 (H) use by a legislator of photographs of that legislator; 10 (I) reasonable use of the Internet by a legislator or a 11 legislative employee except if the use is for election campaign purposes; or 12 (J) a legislator from soliciting, accepting, or receiving a gift 13 on behalf of a recognized, nonpolitical charitable organization in a state 14 facility; 15 (3) knowingly seek, accept, use, allocate, grant, or award public funds 16 for a purpose other than that approved by law, or make a false statement in connection 17 with a claim, request, or application for compensation, reimbursement, or travel 18 allowances from public funds; 19 (4) require a legislative employee to perform services for the private 20 benefit of the legislator or employee at any time, or allow a legislative employee to 21 perform services for the private benefit of a legislator or employee on government 22 time; it is not a violation of this paragraph if the services were performed in an 23 unusual or infrequent situation and the person's services were reasonably necessary to 24 permit the legislator or legislative employee to perform official duties; 25 (5) use or authorize the use of state funds, facilities, equipment, 26 services, or another government asset or resource for the purpose of political fund 27 raising or campaigning; this paragraph does not prohibit 28 (A) limited use of state property and resources for personal 29 purposes if the use does not interfere with the performance of public duties and 30 either the cost or value related to the use is nominal or the legislator or 31 legislative employee reimburses the state for the cost of the use;
01 (B) the use of mailing lists, computer data, or other information 02 lawfully obtained from a government agency and available to the general 03 public for nonlegislative purposes; 04 (C) telephone or facsimile use that does not carry a special 05 charge; 06 (D) storing or maintaining, consistent with (b) of this section, 07 election campaign records in a legislator's office; [OR] 08 (E) a legislator from using the legislator's private office in the 09 capital city during a legislative session, and for the 10 [FIVE] days 10 immediately before and the 10 [FIVE] days immediately after a legislative 11 session, for nonlegislative purposes if the use does not interfere with the 12 performance of public duties and if there is no cost to the state for the use of 13 the space and equipment, other than utility costs and minimal wear and tear, or 14 the legislator promptly reimburses the state for the cost; an office is considered 15 a legislator's private office under this subparagraph if it is the primary space in 16 the capital city reserved for use by the legislator, whether or not it is shared 17 with others; 18 (F) use by a legislator of photographs of that legislator; 19 (G) reasonable use of the Internet by a legislator or a 20 legislative employee except if the use is for election campaign purposes; or 21 (H) use of governmental resources to support or oppose a 22 proposed initiative or an amendment to the state or federal constitution; a 23 legislator or legislative employee may support or oppose a proposed 24 initiative or constitutional amendment; however, a legislator or legislative 25 employee may not use governmental resources to solicit contributions for 26 or gather signatures on an initiative petition; a legislative employee may 27 not, on government time, accept or receive contributions relating to a 28 proposed constitutional amendment or initiative. 29 * Sec. 8. This Act takes effect January 1, 2002.