SB 303: "An Act relating to the location of regular and special legislative sessions; and providing for an effective date."
00 SENATE BILL NO. 303 01 "An Act relating to the location of regular and special legislative sessions; and providing 02 for an 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 session location [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 session location [CAPITAL CITY] 04 while the legislature is convened in a regular or special legislative session. 05 * Sec. 3. AS 24.05.090 is amended to read: 06 Sec. 24.05.090. Regular sessions. The legislature shall convene in the 07 Matanuska-Susitna Borough [AT THE CAPITAL] each year on the second Monday 08 in January at 10:00 a.m.; however, following a gubernatorial election year, the 09 legislature shall convene on the third Tuesday in January at 10:00 a.m. Except as 10 provided in this section, each legislature shall have a duration of two years and shall 11 consist of a "First Regular Session," which shall meet in the odd-numbered years, and 12 a "Second Regular Session," which shall meet in the even-numbered years, and any 13 special session or sessions that the governor or legislature may find necessary to call. 14 * Sec. 4. AS 24.05.100(a) is amended to read: 15 (a) The legislature may hold a special session in the Matanuska-Susitna 16 Borough not exceeding 30 calendar days in length. The special session shall be called 17 in either of the following ways: 18 (1) The governor may call the legislature into special session by 19 issuing a proclamation at least 15 days in advance of the convening date stated in the 20 proclamation. At a special session called by the governor, legislation is limited to the 21 subjects designated by the governor in the proclamation or to the subjects presented by 22 the governor, and to reconsideration of legislation, if any, vetoed following a regular 23 session of that legislature. 24 (2) The legislature may call itself into special session if two-thirds of 25 the membership responds in the affirmative to a poll conducted by the presiding 26 officer of each house. Each presiding officer may initiate a poll by their joint 27 agreement, and each shall initiate a poll upon the request of 25 percent of the 28 membership of each house, expressed in writing and signed by those members. When 29 two-thirds of the membership to which the legislature is entitled responds in the 30 affirmative, the president of the senate and speaker of the house shall jointly announce 31 the result of the poll and a date for the convening of the special session. If one of the
01 presiding officers is deceased, has resigned, or is incapacitated, the presiding officer of 02 the other house may conduct the poll of the members of both houses. 03 * Sec. 5. AS 24.10.030 is amended to read: 04 Sec. 24.10.030. Chief clerk and senate secretary. Each house shall select 05 from outside its membership a person of known stenographic and administrative 06 ability to serve as chief administrative clerk; a chief clerk in the house of 07 representatives and a secretary in the senate. When nominated and elected in 08 conformity with the uniform rules, they continue to serve for the duration of the 09 legislature at the pleasure of the house to which assigned. Pending the organization of 10 a new legislature, they may continue to serve at the request and direction of the 11 legislative council until their respective houses formally reappoint or replace them. 12 The chief clerk and senate secretary are responsible for the performance of duties 13 provided for by law, the uniform rules, and orders of the house. They may be 14 requested to report to the legislative council for duty for a period not to exceed two 15 weeks immediately preceding the convening of the session and shall remain at the 16 session location [CAPITAL] until the completion of their work relating to that 17 session as [IS] determined by the chair [DIRECTOR] of the council. 18 * Sec. 6. AS 24.10.130(a) is amended to read: 19 (a) A member of the legislature is entitled to reimbursement for the expenses 20 of moving between the member's place of residence and the session location 21 [CAPITAL CITY] for the purpose of attending a regular session of the legislature. 22 * Sec. 7. AS 24.45.041(b) is amended to read: 23 (b) The registration form prescribed by the commission must include 24 (1) the lobbyist's full name and complete permanent residence and 25 business address and telephone number, as well as any temporary residential and 26 business address and telephone number in the session location [STATE CAPITAL] 27 during a legislative session; 28 (2) the full name and complete address of each person by whom the 29 lobbyist is retained or employed; 30 (3) whether the person from whom the lobbyist receives compensation 31 employs the person solely as a lobbyist or whether the person is a regular employee
01 performing other services for the employer that include but are not limited to the 02 influencing of legislative or administrative action; 03 (4) the nature or form of the lobbyist's compensation for engaging in 04 lobbying, including salary, fees, or reimbursement for expenses received in 05 consideration for, or directly in support of or in connection with, the influencing of 06 legislative or administrative action; 07 (5) a general description of the subjects or matters on which the 08 registrant expects to lobby or to engage in the influencing of legislative or 09 administrative action; 10 (6) the full name and complete address of the person, if other than the 11 registrant, who has custody of the accounts, books, papers, bills, receipts, and other 12 documents required to be maintained under this chapter; 13 (7) the identification of a legislator, legislative employee, or public 14 official to whom the lobbyist is married or who is the spousal equivalent of the 15 lobbyist; in this paragraph, "spousal equivalent" has the meaning given in 16 AS 39.50.200(a). 17 * Sec. 8. AS 24.45.041(e) is amended to read: 18 (e) Within 45 days after the convening of each regular session of the 19 legislature, the commission shall publish a directory of registered lobbyists, containing 20 the information prescribed in (b) of this section for each lobbyist and the photograph, 21 if any, furnished by a lobbyist under (c) of this section. From time to time thereafter 22 the commission shall publish those supplements to the directory that in the 23 commission's judgment may be necessary. The directory shall be made available to 24 public officials and to the public at the following locations: a public place adjacent to 25 the legislative chambers in the session location [STATE CAPITOL BUILDING], the 26 office of the lieutenant governor, the legislative reference library of the Legislative 27 Affairs Agency, and the commission's central office. 28 * Sec. 9. AS 24.50.010 is amended to read: 29 Sec. 24.50.010. Annual student guests. The legislature may each year while 30 in session serve as host to one member of each high school in the state for a stay of 31 one week [IN THE CAPITAL] to observe and learn the legislative process.
01 * Sec. 10. AS 24.50.040 is amended to read: 02 Sec. 24.50.040. Essay contest. Before leaving [THE STATE CAPITAL], 03 each legislative guest hosted under AS 24.50.010 shall prepare and submit to the 04 director of the Legislative Affairs Agency a paper of not less than 1,000 words entitled 05 "The Legislature Should . . . . . . . . . ." [.] Each paper shall be examined and judged as 06 to content by the governor, the president of the senate, the speaker of the house of 07 representatives, the minority leader of the senate, and the minority leader of the house. 08 The author of the paper determined best by majority vote shall receive a one-year 09 scholarship to the University of Alaska. 10 * Sec. 11. AS 24.60.030(a) is amended to read: 11 (a) A legislator or legislative employee may not 12 (1) solicit, agree to accept, or accept a benefit other than official 13 compensation for the performance of public duties; this paragraph may not be 14 construed to prohibit lawful solicitation for and acceptance of campaign contributions 15 or the acceptance of a lawful gratuity under AS 24.60.080; 16 (2) use public funds, facilities, equipment, services, or another 17 government asset or resource for a nonlegislative purpose, for involvement in or 18 support of or opposition to partisan political activity, or for the private benefit of either 19 the legislator, legislative employee, or another person; this paragraph does not prohibit 20 (A) limited use of state property and resources for personal 21 purposes if the use does not interfere with the performance of public duties and 22 either the cost or value related to the use is nominal or the legislator or 23 legislative employee reimburses the state for the cost of the use; 24 (B) the use of mailing lists, computer data, or other information 25 lawfully obtained from a government agency and available to the general 26 public for nonlegislative purposes; 27 (C) telephone or facsimile use that does not carry a special 28 charge; 29 (D) the legislative council, notwithstanding AS 24.05.190, 30 from designating a public facility for use by legislators and legislative 31 employees for health or fitness purposes; when the council designates a facility
01 to be used by legislators and legislative employees for health or fitness 02 purposes, it shall adopt guidelines governing access to and use of the facility; 03 the guidelines may establish times in which use of the facility is limited to 04 specific groups; 05 (E) a legislator from using the legislator's private office in the 06 session location [CAPITAL CITY] during a legislative session, and for the 10 07 days immediately before and the 10 days immediately after a legislative 08 session, for nonlegislative purposes if the use does not interfere with the 09 performance of public duties and if there is no cost to the state for the use of 10 the space and equipment, other than utility costs and minimal wear and tear, or 11 the legislator promptly reimburses the state for the cost; an office is considered 12 a legislator's private office under this subparagraph if it is the primary space in 13 session location [THE CAPITAL CITY] reserved for use by the legislator, 14 whether or not it is shared with others; 15 (F) a legislator from use of legislative employees to prepare 16 and send out seasonal greeting cards; 17 (G) a legislator from using state resources to transport 18 computers or other office equipment owned by the legislator but primarily used 19 for a state function; 20 (H) use by a legislator of photographs of that legislator; 21 (I) reasonable use of the Internet by a legislator or a legislative 22 employee except if the use is for election campaign purposes; 23 (J) a legislator from soliciting, accepting, or receiving a gift on 24 behalf of a recognized, nonpolitical charitable organization in a state facility; 25 or 26 (K) a legislator from sending any communication in the form of 27 a newsletter to the legislator's constituents, except a communication expressly 28 advocating the election or defeat of a candidate or a newsletter or material in a 29 newsletter that is clearly only for the private benefit of a legislator or a 30 legislative employee; 31 (3) knowingly seek, accept, use, allocate, grant, or award public funds
01 for a purpose other than that approved by law, or make a false statement in connection 02 with a claim, request, or application for compensation, reimbursement, or travel 03 allowances from public funds; 04 (4) require a legislative employee to perform services for the private 05 benefit of the legislator or employee at any time, or allow a legislative employee to 06 perform services for the private benefit of a legislator or employee on government 07 time; it is not a violation of this paragraph if the services were performed in an 08 unusual or infrequent situation and the person's services were reasonably necessary to 09 permit the legislator or legislative employee to perform official duties; 10 (5) use or authorize the use of state funds, facilities, equipment, 11 services, or another government asset or resource for the purpose of political fund 12 raising or campaigning; this paragraph does not prohibit 13 (A) limited use of state property and resources for personal 14 purposes if the use does not interfere with the performance of public duties and 15 either the cost or value related to the use is nominal or the legislator or 16 legislative employee reimburses the state for the cost of the use; 17 (B) the use of mailing lists, computer data, or other information 18 lawfully obtained from a government agency and available to the general 19 public for nonlegislative purposes; 20 (C) telephone or facsimile use that does not carry a special 21 charge; 22 (D) storing or maintaining, consistent with (b) of this section, 23 election campaign records in a legislator's office; 24 (E) a legislator from using the legislator's private office in the 25 session location [CAPITAL CITY] during a legislative session, and for the 10 26 days immediately before and the 10 days immediately after a legislative 27 session, for nonlegislative purposes if the use does not interfere with the 28 performance of public duties and if there is no cost to the state for the use of 29 the space and equipment, other than utility costs and minimal wear and tear, or 30 the legislator promptly reimburses the state for the cost; an office is considered 31 a legislator's private office under this subparagraph if it is the primary space in
01 session location [THE CAPITAL CITY] reserved for use by the legislator, 02 whether or not it is shared with others; or 03 (F) use by a legislator of photographs of that legislator. 04 * Sec. 12. AS 24.60.031(a) is amended to read: 05 (a) A legislator or legislative employee may not 06 (1) on a day when either house of the legislature is in regular or special 07 session, solicit or accept a contribution or a promise or pledge to make a contribution 08 for a campaign for the state legislature; however, a legislator or legislative employee 09 may, except in the session location [CAPITAL CITY], solicit or accept a contribution, 10 promise, or pledge for a campaign for the state legislature that occurs during the 90 11 days immediately preceding an election; 12 (2) accept money from an event held on a day when either house of the 13 legislature is in regular or special session if a substantial purpose of the event is to 14 raise money on behalf of the member or legislative employee for state legislative 15 political purposes; however, this paragraph does not prohibit a legislator or legislative 16 employee from accepting money from an event held in a place other than the session 17 location [CAPITAL CITY] during the 90 days immediately preceding an election; or 18 (3) in a campaign for the state legislature, expend money that was 19 raised on a day when either house of the legislature was in a legislative session by or 20 on behalf of a legislator under a declaration of candidacy or a general letter of intent to 21 become a candidate for public office; however, this paragraph does not apply to 22 money raised in a place other than the session location [CAPITAL CITY] during the 23 90 days immediately preceding an election. 24 * Sec. 13. AS 24.60.080(c) is amended to read: 25 (c) Notwithstanding (a) of this section, it is not a violation of this section for a 26 legislator or legislative employee to accept 27 (1) hospitality, other than hospitality described in (4) of this 28 subsection, 29 (A) with incidental transportation at the residence of a person; 30 however, a vacation home located outside the state is not considered a 31 residence for the purposes of this subparagraph; or
01 (B) at a social event or meal; 02 (2) discounts that are available 03 (A) generally to the public or to a large class of persons to 04 which the person belongs; or 05 (B) when on official state business, but only if receipt of the 06 discount benefits the state; 07 (3) food or foodstuffs indigenous to the state that are shared generally 08 as a cultural or social norm; 09 (4) travel and hospitality primarily for the purpose of obtaining 10 information on matters of legislative concern; 11 (5) gifts from the immediate family of the person; 12 (6) gifts that are not connected with the recipient's legislative status; 13 (7) a discount for all or part of a legislative session, including time 14 immediately preceding or following the session, or other gift to welcome a legislator 15 or legislative employee who is employed on the personal staff of a legislator or by a 16 standing or special committee to the session location [CAPITAL CITY] or in 17 recognition of the beginning of a legislative session if the gift or discount is available 18 generally to all legislators and the personal staff of legislators and staff of standing and 19 special committees; this paragraph does not apply to legislative employees who are 20 employed by the Legislative Affairs Agency, the office of the chief clerk, the office of 21 the senate secretary, the legislative budget and audit committee, or the office of the 22 ombudsman; 23 (8) a gift of legal services in a matter of legislative concern and a gift 24 of other services related to the provision of legal services in a matter of legislative 25 concern; or 26 (9) a gift of transportation from a legislator to a legislator if the 27 transportation takes place in the state on or in an aircraft, boat, motor vehicle, or other 28 means of transport owned or under the control of the donor; this paragraph does not 29 apply to travel described in (4) of this subsection or travel for political campaign 30 purposes. 31 * Sec. 14. 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. 15. 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 12-year [TWELVE-YEAR] 15 period following such approval. The commission established in AS 44.06.060 shall 16 determine all bondable costs and total costs including, but not limited to, the costs of 17 moving personnel and offices to the relocation site; the social, economic, and 18 environmental costs to the present and relocation sites; and the costs to the state of 19 planning, building, furnishing, using, and financing facilities at least equal to those 20 provided by the present capital city. 21 * Sec. 16. 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 state government, except for relocation 27 of legislative sessions. 28 * Sec. 17. AS 44.99.007 is amended by adding a new subsection to read: 29 (b) Notwithstanding (a) of this section, when due to an emergency, it becomes 30 impossible for the legislature to hold sessions and meet at the usual session location, 31 the two presiding officers shall jointly designate an emergency temporary location for
01 the convening and meeting of the legislature in regular or special sessions. 02 * Sec. 18. AS 24.05.100(b) is repealed. 03 * Sec. 19. The uncodified law of the State of Alaska is amended by adding new sections to 04 read: 05 APPLICABILITY. (a) Except as provided in (b) of this section, sessions of the 06 legislature that begin on or after January 1, 2005, shall be convened in accordance with this 07 Act. If the Matanuska-Susitna Borough assembly determines that it is practicable, the 08 legislature shall convene sessions that begin before January 1, 2005, in accordance with this 09 Act, but otherwise sessions that begin before January 1, 2005, shall be convened in the capital 10 city, and statutes amended or repealed in this Act shall apply as they read before the effective 11 date of this Act. 12 (b) If the Matanuska-Susitna Borough assembly determines that suitable facilities for 13 legislative sessions are not available in the Matanuska-Susitna Borough, the legislature shall 14 convene sessions that begin on or after January 1, 2005, in the Municipality of Anchorage. If 15 sessions are convened in Anchorage under this subsection, references in AS 24.05.090, as 16 amended by sec. 3 of this Act, and AS 24.05.100(a), as amended by sec. 4 of this Act to "the 17 Matanuska-Susitna Borough" shall apply as though they read "Municipality of Anchorage" 18 until the date the legislature first convenes in the Matanuska-Susitna Borough under (c) of this 19 section. 20 (c) The legislature may continue to hold sessions in the Municipality of Anchorage 21 under (b) of this section only until the Matanuska-Susitna Borough assembly determines that 22 suitable facilities have become available in the Matanuska-Susitna Borough. Sessions that 23 begin after that determination shall be held in accordance with AS 24.05.090, as amended in 24 sec. 3 of this Act, or with AS 24.05.100(a), as amended in sec. 4 of this Act. 25 * Sec. 20. This Act takes effect July 1, 2003.