CSSB 103(JUD): "An Act relating to election campaigns and legislative ethics."
00 CS FOR SENATE BILL NO. 103(JUD) 01 "An Act relating to election campaigns and legislative ethics." 02 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 03 * Section 1. AS 15.13.050(b) is amended to read: 04 (b) If a group intends to support only one candidate [,] or to contribute to or 05 expend on behalf of one candidate 33 1/3 percent or more of its funds, the name of the 06 candidate shall be a part of the name of the group. If the group intends to oppose only 07 one candidate [,] or to contribute its funds in opposition to or make expenditures in 08 opposition to a candidate, the group's name must clearly state that it opposes that 09 candidate by using a word such as "opposes," "opposing," "in opposition to," or 10 "against" in the group's name. Promptly upon receiving the registration, the 11 commission shall notify the candidate of the group's organization and intent. A 12 candidate may register more than one group to support the candidate; however, 13 multiple groups controlled by a single candidate shall be treated as a single group 14 for purposes of the contribution limit in AS 15.13.070(b)(1). 15 * Sec. 2. 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. 3. 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. 4. 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. 5. 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 26 DOES INCLUDE PROFESSIONAL SERVICES VOLUNTEERED 27 BY INDIVIDUALS FOR WHICH THEY ORDINARILY WOULD 28 BE PAID A 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 and biographies of the 05 party's candidates; or 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; 10 * Sec. 6. AS 15.13.400(4) is amended to read: 11 (4) "expenditure" 12 (A) means a purchase or a transfer of money or anything of 13 value, or promise or agreement to purchase or transfer money or anything of 14 value, incurred or made for the purpose of 15 (i) influencing the nomination or election of a candidate 16 or of any individual who files for nomination at a later date and 17 becomes a candidate; 18 (ii) use by a political party; 19 (iii) the payment by a person other than a candidate or 20 political party of compensation for the personal services of another 21 person that are rendered to a candidate or political party; or 22 (iv) influencing the outcome of a ballot proposition or 23 question; 24 (B) does not include 25 (i) a candidate's filing fee or the cost of preparing 26 reports and statements required by this chapter; or 27 (ii) communications with a value of $500 or less on 28 any subject made by a corporation to its stockholders and 29 employees and their families or by a nonprofit corporation, labor 30 organization, or unincorporated business or trade association to its 31 employees and members and their families;
01 * Sec. 7. AS 24.60.030(a) is amended to read: 02 (a) A legislator or legislative employee may not 03 (1) solicit, agree to accept, or accept a benefit other than official 04 compensation for the performance of public duties; this paragraph may not be 05 construed to prohibit lawful solicitation for and acceptance of campaign contributions 06 or the acceptance of a lawful gratuity under AS 24.60.080; 07 (2) use public funds, facilities, equipment, services, or another 08 government asset or resource for a nonlegislative purpose, for involvement in or 09 support of or opposition to partisan political activity, or for the private benefit of either 10 the legislator, legislative employee, or another person; this paragraph does not prohibit 11 (A) limited use of state property and resources for personal 12 purposes if the use does not interfere with the performance of public duties and 13 either the cost or value related to the use is nominal or the legislator or 14 legislative employee reimburses the state for the cost of the use; 15 (B) the use of mailing lists, computer data, or other information 16 lawfully obtained from a government agency and available to the general 17 public for nonlegislative purposes; 18 (C) telephone or facsimile use that does not carry a special 19 charge; 20 (D) the legislative council, notwithstanding AS 24.05.190, 21 from designating a public facility for use by legislators and legislative 22 employees for health or fitness purposes; when the council designates a facility 23 to be used by legislators and legislative employees for health or fitness 24 purposes, it shall adopt guidelines governing access to and use of the facility; 25 the guidelines may establish times in which use of the facility is limited to 26 specific groups; [OR] 27 (E) a legislator from using the legislator's private office in the 28 capital city during a legislative session, and for the 10 [FIVE] days 29 immediately before and the 10 [FIVE] days immediately after a legislative 30 session, for nonlegislative purposes if the use does not interfere with the 31 performance of public duties and if there is no cost to the state for the use of
01 the space and equipment, other than utility costs and minimal wear and tear, or 02 the legislator promptly reimburses the state for the cost; an office is considered 03 a legislator's private office under this subparagraph if it is the primary space in 04 the capital city reserved for use by the legislator, whether or not it is shared 05 with others; 06 (F) a legislator from use of legislative employees to prepare 07 and send out seasonal greeting cards; 08 (G) a legislator from using state resources to transport 09 computers or other office equipment owned by the legislator but primarily 10 used for a state function; 11 (H) use by a legislator of photographs of that legislator; 12 (I) reasonable use of the Internet by a legislator or a 13 legislative employee except if the use is for election campaign purposes; or 14 (J) a legislator from soliciting, accepting, or receiving a gift 15 on behalf of a recognized, nonpolitical charitable organization in a state 16 facility; 17 (3) knowingly seek, accept, use, allocate, grant, or award public funds 18 for a purpose other than that approved by law, or make a false statement in connection 19 with a claim, request, or application for compensation, reimbursement, or travel 20 allowances from public funds; 21 (4) require a legislative employee to perform services for the private 22 benefit of the legislator or employee at any time, or allow a legislative employee to 23 perform services for the private benefit of a legislator or employee on government 24 time; it is not a violation of this paragraph if the services were performed in an 25 unusual or infrequent situation and the person's services were reasonably necessary to 26 permit the legislator or legislative employee to perform official duties; 27 (5) use or authorize the use of state funds, facilities, equipment, 28 services, or another government asset or resource for the purpose of political fund 29 raising or campaigning; this paragraph does not prohibit 30 (A) limited use of state property and resources for personal 31 purposes if the use does not interfere with the performance of public duties and
01 either the cost or value related to the use is nominal or the legislator or 02 legislative employee reimburses the state for the cost of the use; 03 (B) the use of mailing lists, computer data, or other information 04 lawfully obtained from a government agency and available to the general 05 public for nonlegislative purposes; 06 (C) telephone or facsimile use that does not carry a special 07 charge; 08 (D) storing or maintaining, consistent with (b) of this section, 09 election campaign records in a legislator's office; [OR] 10 (E) a legislator from using the legislator's private office in the 11 capital city during a legislative session, and for the 10 [FIVE] days 12 immediately before and the 10 [FIVE] days immediately after a legislative 13 session, for nonlegislative purposes if the use does not interfere with the 14 performance of public duties and if there is no cost to the state for the use of 15 the space and equipment, other than utility costs and minimal wear and tear, or 16 the legislator promptly reimburses the state for the cost; an office is considered 17 a legislator's private office under this subparagraph if it is the primary space in 18 the capital city reserved for use by the legislator, whether or not it is shared 19 with others; 20 (F) use by a legislator of photographs of that legislator; or 21 (G) use of governmental resources by a legislator or 22 legislative employee to support or oppose a proposed amendment to the 23 state or federal constitution; a legislator or legislative employee may 24 support or oppose a proposed constitutional amendment; however, a 25 legislator or legislative employee may not use governmental resources to 26 solicit contributions for a proposed constitutional amendment. 27 * Sec. 8. AS 15.13.116(d) is repealed. 28 * Sec. 9. The uncodified law of the State of Alaska is amended by adding a new section to 29 read: 30 TRANSITIONAL PROVISION. A candidate for the state legislature who was elected 31 to the state legislature before the effective date of this Act and who holds funds in a public
01 office expense term account reserve shall transfer those funds to a public office expense term 02 account before January 1, 2002.