HB 341: "An Act relating to the location of legislative sessions after 90 consecutive calendar days of a regular session; relating to grounds for the recall of a legislator; and relating to legislative per diem."
00 HOUSE BILL NO. 341 01 "An Act relating to the location of legislative sessions after 90 consecutive calendar days 02 of a regular session; relating to grounds for the recall of a legislator; and relating to 03 legislative per diem." 04 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 05 * Section 1. The uncodified law of the State of Alaska is amended by adding a new section 06 to read: 07 SHORT TITLE. This Act may be known as the Bring the Legislators Home Act. 08 * Sec. 2. The uncodified law of the State of Alaska is amended by adding a new section to 09 read: 10 LEGISLATIVE FINDINGS. The legislature finds that 11 (1) in 1978, residents of the state overwhelmingly voted in the affirmative to 12 an advisory question that asked whether the Alaska Constitution should be amended to place a 13 limit on the length of legislative sessions; 14 (2) in 1984, residents of the state overwhelmingly ratified a constitutional
01 amendment establishing a 121-day limit on legislative sessions; 02 (3) in 2006, residents of the state narrowly approved a ballot measure limiting 03 regular legislative sessions to not more than 90 days; 04 (4) in 2021, the legislature was in session for a total of 217 days, which was 05 not in keeping with the spirit of the 121-day constitutional limit on regular sessions or the 90- 06 day statutory limit on regular sessions approved by voters; and 07 (5) holding legislative sessions for longer than 90 days in the same location 08 (A) is not in keeping with the will of the people expressed at the last 09 public vote held on the topic; 10 (B) reduces the ability of legislators from other parts of the state to 11 remain connected with their constituents; 12 (C) erodes public trust in the legislative process; 13 (D) increases the amount of legislative travel to and from the location 14 of the session and results in unnecessary public expense; 15 (E) discourages residents from other parts of the state from running for 16 office and serving in the legislative branch of government, resulting in a legislative 17 branch that is less representative of the diversity of the state; and 18 (F) has, on multiple occasions, resulted in the legislature remaining in 19 session for more than 210 days in a single year, which is not conducive to the creation 20 of sound policy. 21 * Sec. 3. AS 15.13.072(d) is amended to read: 22 (d) While the legislature is convened in a regular or special legislative session, 23 a legislator or legislative employee may not solicit or accept a contribution to be used 24 for the purpose of influencing the outcome of an election under this chapter unless 25 (1) it is an election in which the legislator or legislative employee is a 26 candidate and the contribution is for that legislator's or legislative employee's 27 campaign; 28 (2) the solicitation or acceptance occurs during the 90 days 29 immediately preceding that election; and 30 (3) the solicitation or acceptance occurs in a place other than the 31 [CAPITAL CITY OR A] municipality in which the legislature is convened in a
01 regular or special session [IF THE LEGISLATURE IS CONVENED IN A 02 MUNICIPALITY OTHER THAN THE CAPITAL CITY]. 03 * Sec. 4. AS 15.13.072(g) is amended to read: 04 (g) A candidate or an individual who has filed with the commission the 05 document necessary to permit that individual to incur election-related expenses under 06 AS 15.13.100 for election or reelection to the office of governor or lieutenant governor 07 may not solicit or accept a contribution [IN THE CAPITAL CITY] while the 08 legislature is convened in a regular or special legislative session. 09 * Sec. 5. AS 15.45.510 is amended to read: 10 Sec. 15.45.510. Grounds for recall. The grounds for recall are (1) lack of 11 fitness, (2) incompetence, (3) neglect of duties, or (4) corruption. In addition, a 12 legislator who, after the 90th consecutive day of a regular session, including the 13 day the legislature first convenes in that regular session, casts a vote from the 14 same location at which the legislature was convened during the first 90 15 consecutive calendar days of that session shall be subject to recall. 16 * Sec. 6. AS 24.05.100(b) is amended to read: 17 (b) A special session may be held at any location in the state, except that the 18 governor may not call the legislature into special session in the same location at 19 which the legislature was convened in the preceding regular session. If a special 20 session called under (a)(1) of this section is to be convened at a location other than at 21 the capital, the governor shall designate the location in the proclamation. The 22 legislature may change the location of a special session called by the governor 23 under (a)(1) of this section if the presiding officers agree to an alternate location 24 and designate the alternate location in a poll that receives an affirmative vote by 25 two-thirds of the membership of the legislature. If a special session called under 26 (a)(2) of this section is to be convened at a location other than at the capital, the 27 presiding officers shall agree to and designate the location in the poll conducted of the 28 members of both houses. When the legislature conducts a poll under (a)(2) of this 29 section or under this subsection, all members must be polled and the yeas and the 30 nays shall be recorded in the journal of each house. 31 * Sec. 7. AS 24.05.150(b) is amended to read:
01 (b) The legislature shall, after [ADJOURN FROM A REGULAR SESSION 02 WITHIN] 90 consecutive calendar days of convening in a regular session, including 03 the day the legislature first convenes in that regular session, adjourn from the session 04 or reconvene the session in another location. 05 * Sec. 8. AS 24.05.150 is amended by adding new subsections to read: 06 (c) After 90 consecutive calendar days of a regular session, the legislature may 07 not transact business in the location at which the legislature convened during the first 08 90 consecutive calendar days, and a legislative vote taken in the location at which the 09 legislature convened during the first 90 consecutive calendar days is not binding. 10 (d) If the legislature does not adjourn from a regular session within 90 11 consecutive calendar days, including the day the legislature first convenes in that 12 regular session, or designate a location at which to convene after the 90th consecutive 13 calendar day by a majority vote of the full membership of each house, the legislature 14 shall reconvene at the Anchorage Legislative Information Office for the remainder of 15 the regular session. Notwithstanding AS 24.05.090, if the legislature first convenes a 16 regular session in Anchorage and does not adjourn from the regular session within 90 17 consecutive calendar days, including the day the legislature first convenes in that 18 regular session, or designate a location at which to convene after the 90th consecutive 19 calendar day by a majority vote of the full membership of each house, the legislature 20 shall reconvene at the Fairbanks Legislative Information Office for the remainder of 21 the regular session. 22 * Sec. 9. 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 is determined 05 by the director of the council. 06 * Sec. 10. AS 24.10.130(a) is amended to read: 07 (a) A member of the legislature may be entitled to reimbursement for the 08 expenses of moving between the member's place of residence and the location of the 09 session [CAPITAL CITY] for the purpose of attending a regular session of the 10 legislature. 11 * Sec. 11. AS 24.10.130(b) is amended to read: 12 (b) Except as otherwise provided in this subsection, legislators 13 [LEGISLATORS] and officers and employees of the legislative branch of government 14 may be entitled to a per diem allowance. A member of the legislature is not entitled 15 to a daily per diem allowance 16 (1) for a day the legislature is in session in the capital city after the 17 first 90 consecutive days of a regular legislative session; subject to (2) and (3) of 18 this subsection, if the legislature convenes or reconvenes in a location other than 19 the capital city, a member may be entitled to per diem; 20 (2) if the member resides 50 miles or less from the location of the 21 session; and 22 (3) if, for any reason, the member purports to cast a vote after the 23 90th consecutive day of a regular session from the same location at which the 24 legislature was first convened during the first 90 consecutive calendar days, 25 beginning on the date the member's vote is recorded in the journal and 26 continuing until a new legislature convenes [; HOWEVER, IF A BILL THAT 27 FULLY FUNDS AN OPERATING BUDGET HAS NOT, WITHIN THE FIRST 121 28 CONSECUTIVE DAYS OF A REGULAR LEGISLATIVE SESSION, INCLUDING 29 THE DAY THE LEGISLATURE FIRST CONVENES IN THAT REGULAR 30 SESSION, BEEN PASSED BY THE LEGISLATURE, A MEMBER OF THE 31 LEGISLATURE IS NOT ENTITLED TO A DAILY PER DIEM ALLOWANCE
01 FOR A DAY THE LEGISLATURE IS IN SESSION AFTER THAT 121-DAY 02 PERIOD UNTIL THE FIRST DAY AFTER A BILL THAT FULLY FUNDS AN 03 OPERATING BUDGET IS PASSED BY THE LEGISLATURE OR THE FIRST 04 DAY OF THE NEXT REGULAR LEGISLATIVE SESSION, WHICHEVER 05 OCCURS EARLIER. IN THIS SUBSECTION, "PASSED BY THE 06 LEGISLATURE" HAS THE MEANING GIVEN IN AS 01.10.070]. 07 * Sec. 12. AS 24.10.130 is amended by adding a new subsection to read: 08 (d) The Legislative Affairs Agency may not disburse a daily per diem 09 allowance to a member who is not entitled to an allowance under (b) of this section. 10 * Sec. 13. 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 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 legislative employee or public official to 02 whom the lobbyist is married or who is the domestic partner of the lobbyist; 03 (8) a sworn affirmation by the lobbyist that the lobbyist has completed 04 the training course administered by the commission under AS 24.45.031(a) within the 05 12-month period preceding the date of registration or registration renewal under this 06 chapter, except that this paragraph does not apply to a person who is a representational 07 lobbyist as defined under regulations of the commission; 08 (9) a sworn affirmation by the lobbyist that the lobbyist has not been 09 previously convicted of a felony involving moral turpitude; in this paragraph, "felony 10 involving moral turpitude" has the meaning given in AS 15.80.010, and includes 11 convictions for a violation of the law of this state or a violation of the law of another 12 jurisdiction with elements similar to a felony involving moral turpitude in this state. 13 * Sec. 14. AS 24.50.010 is amended to read: 14 Sec. 24.50.010. Annual student guests. The legislature may each year, while 15 in session, serve as host to one member of each high school in the state for a stay of 16 one week in the location of the session [CAPITAL] to observe and learn the 17 legislative process. 18 * Sec. 15. AS 24.50.040 is amended to read: 19 Sec. 24.50.040. Essay contest. Before leaving [THE STATE CAPITAL], each 20 legislative guest hosted under AS 24.50.010 shall prepare and submit to the director 21 of the Legislative Affairs Agency a paper of not less than 1,000 words entitled "The 22 Legislature Should . . . . . . . . . .". Each paper shall be examined and judged as to 23 content by the governor, the president of the senate, the speaker of the house of 24 representatives, the minority leader of the senate, and the minority leader of the house. 25 The author of the paper determined best by majority vote shall receive a one-year 26 scholarship to the University of Alaska. 27 * Sec. 16. AS 24.60.030(a) is amended to read: 28 (a) A legislator or legislative employee may not 29 (1) solicit, agree to accept, or accept a benefit other than official 30 compensation for the performance of public duties; this paragraph may not be 31 construed to prohibit lawful solicitation for and acceptance of campaign contributions,
01 solicitation or acceptance of contributions for a charity event, as defined in 02 AS 24.60.080(a)(2)(B), or the acceptance of a gift under AS 24.60.075 or 24.60.080; 03 (2) use public funds, facilities, equipment, services, or another 04 government asset or resource for a nonlegislative purpose, for involvement in or 05 support of or opposition to partisan political activity, or for the private benefit of the 06 legislator, legislative employee, or another person; this paragraph does not prohibit 07 (A) limited use of state property and resources for personal 08 purposes if the use does not interfere with the performance of public duties and 09 either the cost or value related to the use is nominal or the legislator or 10 legislative employee reimburses the state for the cost of the use; 11 (B) the use of mailing lists, computer data, or other information 12 lawfully obtained from a government agency and available to the general 13 public for nonlegislative purposes; 14 (C) the legislative council, notwithstanding AS 24.05.190, from 15 designating a public facility for use by legislators and legislative employees for 16 health or fitness purposes; when the council designates a facility to be used by 17 legislators and legislative employees for health or fitness purposes, it shall 18 adopt guidelines governing access to and use of the facility; the guidelines may 19 establish times in which use of the facility is limited to specific groups; 20 (D) a legislator from using the legislator's private office [IN 21 THE CAPITAL CITY] during a legislative session, and for the 10 days 22 immediately before and the 10 days immediately after a legislative session, for 23 nonlegislative purposes if the use does not interfere with the performance of 24 public duties and if there is no cost to the state for the use of the space and 25 equipment, other than utility costs and minimal wear and tear, or the legislator 26 promptly reimburses the state for the cost; an office is considered a legislator's 27 private office under this subparagraph if it is the primary space in the location 28 of the session [CAPITAL CITY] reserved for use by the legislator, whether or 29 not it is shared with others; 30 (E) a legislator from use of legislative employees to prepare 31 and send out seasonal greeting cards;
01 (F) a legislator from using state resources to transport 02 computers or other office equipment owned by the legislator but primarily used 03 for a state function; 04 (G) use by a legislator of photographs of that legislator; 05 (H) reasonable use of the Internet by a legislator or a legislative 06 employee except if the use is for election campaign purposes; 07 (I) a legislator or legislative employee from soliciting, 08 accepting, or receiving a gift on behalf of a recognized, nonpolitical charitable 09 organization in a state facility; 10 (J) a legislator from sending any communication in the form of 11 a newsletter to the legislator's constituents, except a communication expressly 12 advocating the election or defeat of a candidate or a newsletter or material in a 13 newsletter that is clearly only for the private benefit of a legislator or a 14 legislative employee; or 15 (K) full participation in a charity event approved in advance by 16 the Alaska Legislative Council; 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) storing or maintaining, consistent with (b) of this section, 07 election campaign records in a legislator's office; 08 (D) a legislator from using the legislator's private office [IN 09 THE CAPITAL CITY] during a legislative session, and for the 10 days 10 immediately before and the 10 days immediately after a legislative session, for 11 nonlegislative purposes if the use does not interfere with the performance of 12 public duties and if there is no cost to the state for the use of the space and 13 equipment, other than utility costs and minimal wear and tear, or the legislator 14 promptly reimburses the state for the cost; an office is considered a legislator's 15 private office under this subparagraph if it is the primary space in the location 16 of the session [CAPITAL CITY] reserved for use by the legislator, whether or 17 not it is shared with others; or 18 (E) use by a legislator of photographs of that legislator. 19 * Sec. 17. AS 24.60.031(a) is amended to read: 20 (a) A legislative employee may not 21 (1) on a day when either house of the legislature is in regular or special 22 session, solicit or accept a contribution or a promise or pledge to make a contribution 23 for a campaign for state or municipal office; however, a legislative employee may, 24 except in the [CAPITAL CITY OR IN THE] municipality in which the legislature is 25 convened in a regular or special session [IF THE LEGISLATURE IS CONVENED 26 IN A MUNICIPALITY OTHER THAN THE CAPITAL CITY], solicit or accept a 27 contribution, promise, or pledge for a campaign for state or municipal office that 28 occurs during the 90 days immediately preceding the election for that office; or 29 (2) accept money from an event held on a day when either house of the 30 legislature is in regular or special session if a substantial purpose of the event is to 31 raise money on behalf of the legislative employee for political purposes; however, this
01 paragraph does not prohibit a legislative employee from accepting money from an 02 event held in a place other than the [CAPITAL CITY OR A] municipality in which the 03 legislature is convened in a regular or special session [IF THE LEGISLATURE IS 04 CONVENED IN A MUNICIPALITY OTHER THAN THE CAPITAL CITY] during 05 the 90 days immediately preceding an election for state or municipal public office in 06 which the legislative employee is a candidate. 07 * Sec. 18. AS 24.60.031(b) is amended to read: 08 (b) A legislator may not 09 (1) on a day when either house of the legislature is in regular or special 10 session, solicit or accept a contribution or a promise or pledge to make a contribution 11 (A) for the legislator's own campaign for state or municipal 12 public office, unless the solicitation, acceptance, promise, or pledge occurs in a 13 place other than the [CAPITAL CITY OR A] municipality in which the 14 legislature is convened in a regular or special session [IF THE 15 LEGISLATURE IS CONVENED IN A MUNICIPALITY OTHER THAN 16 THE CAPITAL CITY] during the 90 days immediately preceding the election 17 in which the legislator is a candidate; 18 (B) for another candidate in an election for municipal, state, or 19 federal office; 20 (C) to influence a state ballot proposition or question; or 21 (D) for a political party; 22 (2) accept money from an event held on a day when either house of the 23 legislature is in regular or special session if a substantial purpose of the event is to 24 raise money on behalf of the legislator's campaign for state or municipal public office; 25 however, this paragraph does not prohibit a legislator from accepting money from an 26 event held in a place other than the [CAPITAL CITY OR A] municipality in which the 27 legislature is convened in a regular or special session [IF THE LEGISLATURE IS 28 CONVENED IN A MUNICIPALITY OTHER THAN THE CAPITAL CITY] during 29 the 90 days immediately preceding a state or municipal election in which the legislator 30 is a candidate; or 31 (3) in a campaign for state or municipal office, expend money that was
01 raised on a day when either house of the legislature was in a legislative session by or 02 on behalf of a legislator under a declaration of candidacy or a general letter of intent to 03 become a candidate for public office; however, this paragraph does not apply to 04 money raised in a place other than the [CAPITAL CITY OR A] municipality in which 05 the legislature is convened in a regular or special session [IF THE LEGISLATURE 06 IS CONVENED IN A MUNICIPALITY OTHER THAN THE CAPITAL CITY] 07 during the 90 days immediately preceding an election in which the legislator is a 08 candidate. 09 * Sec. 19. AS 24.60.080(c) is amended to read: 10 (c) Notwithstanding (a)(1) of this section, it is not a violation of this section 11 for a person who is a legislator or legislative employee to accept 12 (1) hospitality, other than hospitality described in (4) of this 13 subsection, 14 (A) with incidental transportation at the residence of a person; 15 however, a vacation home located outside the state is not considered a 16 residence for the purposes of this subparagraph; or 17 (B) at a social event or meal; 18 (2) discounts that are available 19 (A) generally to the public or to a large class of persons to 20 which the person belongs; or 21 (B) when on official state business, but only if receipt of the 22 discount benefits the state; 23 (3) food or foodstuffs indigenous to the state that are shared generally 24 as a cultural or social norm; 25 (4) travel and hospitality primarily for the purpose of obtaining 26 information on matters of legislative concern; 27 (5) gifts from the immediate family of the person; in this paragraph, 28 "immediate family" means 29 (A) the spouse of the person; 30 (B) the person's domestic partner; 31 (C) a child, including a stepchild and an adopted child, of the
01 person or of the person's domestic partner; 02 (D) a parent, sibling, grandparent, aunt, or uncle of the person; 03 (E) a parent, sibling, grandparent, aunt, or uncle of the person's 04 spouse or the person's domestic partner; and 05 (F) a stepparent, stepsister, stepbrother, step-grandparent, step- 06 aunt, or step-uncle of the person, the person's spouse, or the person's domestic 07 partner; 08 (6) gifts that are not connected with the recipient's legislative status; 09 (7) a discount for all or part of a legislative session, including time 10 immediately preceding or following the session, or other gift to welcome a legislator 11 or legislative employee who is employed on the personal staff of a legislator or by a 12 standing or special committee to the location of the session [CAPITAL CITY] or in 13 recognition of the beginning of a legislative session if the gift or discount is available 14 generally to all legislators and the personal staff of legislators and staff of standing and 15 special committees; this paragraph does not apply to legislative employees who are 16 employed by the Legislative Affairs Agency, the office of the chief clerk, the office of 17 the senate secretary, the legislative budget and audit committee, the office of victims' 18 rights, or the office of the ombudsman; 19 (8) a gift of legal services in a matter of legislative concern and a gift 20 of other services related to the provision of legal services in a matter of legislative 21 concern; 22 (9) a gift of transportation from a legislator or a legislative employee to 23 a legislator or a legislative employee if the transportation takes place in the state on or 24 in an aircraft, boat, motor vehicle, or other means of transport owned or under the 25 control of the donor; this paragraph does not apply to travel described in (4) of this 26 subsection or travel for political campaign purposes; or 27 (10) a contribution to a charity event, a ticket to a charity event, or a 28 gift in connection with a charity event; in this paragraph, "charity event" has the 29 meaning given in (a)(2)(B) of this section.