Legislature(1999 - 2000)
1999-05-18 Senate Journal
Full Journal pdf1999-05-18 Senate Journal Page 1610 HB 225 Senator Mackie requested that the reconsideration on SENATE CS FOR CS FOR HOUSE BILL NO. 225(JUD) am S An Act relating to election campaigns and legislative ethics; and providing for an effective date be taken up. The bill was before the Senate on reconsideration. Senator Donley moved that the bill be returned to second reading for the purpose of a specific amendment, that being Amendment No. 9. Without objection, the bill was returned to second reading. Senator Donley offered Amendment No. 9 : Page 12, following line 10: Insert a new bill section to read: "* Sec. 16. AS24.60.030(a) is amended to read: (a) A legislator or legislative employee may not 1999-05-18 Senate Journal Page 1611 HB 225 (1) solicit, agree to accept, or accept a benefit other than official compensation for the performance of public duties; this paragraph may not be construed to prohibit lawful solicitation for and acceptance of campaign contributions or the acceptance of a lawful gratuity under AS24.60.080; (2) use public funds, facilities, equipment, services, or another government asset or resource for a nonlegislative purpose, for involvement in or support of or opposition to partisan political activity, or for the private benefit of either the legislator, legislative employee, or another person; this paragraph does not prohibit (A) limited use of state property and resources for personal purposes if the use does not interfere with the performance of public duties and either the cost or value related to the use is nominal or the legislator or legislative employee reimburses the state for the cost of the use; (B) the use of mailing lists, computer data, or other information lawfully obtained from a government agency and available to the general public for nonlegislative purposes; (C) telephone or facsimile use that does not carry a special charge; (D) the legislative council, notwithstanding AS24.05.190, from designating a public facility for use by legislators and legislative employees for health or fitness purposes; when the council designates a facility to be used by legislators and legislative employees for health or fitness purposes, it shall adopt guidelines governing access to and use of the facility; the guidelines may establish times in which use of the facility is limited to specific groups; ¦ORá (E) a legislator from using the legislators private office in the capital city during a legislative session, and for the 10 ¦FIVEá days immediately before and the 10 [FIVEá days immediately after a legislative session, for nonlegislative purposes if the use does not interfere with the performance of public duties and if there is no cost to the state for the use of the space and equipment, other than utility costs and minimal wear and tear, or the legislator promptly reimburses the state for the cost; an office is 1999-05-18 Senate Journal Page 1612 HB 225 considered a legislators private office under this subparagraph if it is the primary space in the capital city reserved for use by the legislator, whether or not it is shared with others; (F) a legislator from use of legislative employees to prepare and send out seasonal greeting cards; (G) a legislator from using state resources to transport computers or other office equipment owned by the legislator but primarily used for a state function; (H) use by a legislator of photographs of that legislator; (I) reasonable use of the Internet by a legislator or a legislative employee except if the use is for election campaign purposes; or (J) a legislator from soliciting, accepting, or receiving a gift on behalf of a recognized, nonpolitical charitable organization in a state facility; (3) knowingly seek, accept, use, allocate, grant, or award public funds for a purpose other than that approved by law, or make a false statement in connection with a claim, request, or application for compensation, reimbursement, or travel allowances from public funds; (4) require a legislative employee to perform services for the private benefit of the legislator or employee at any time, or allow a legislative employee to perform services for the private benefit of a legislator or employee on government time; it is not a violation of this paragraph if the services were performed in an unusual or infrequent situation and the persons services were reasonably necessary to permit the legislator or legislative employee to perform official duties; (5) use or authorize the use of state funds, facilities, equipment, services, or another government asset or resource for the purpose of political fund raising or campaigning; this paragraph does not prohibit 1999-05-18 Senate Journal Page 1613 HB 225 (A) limited use of state property and resources for personal purposes if the use does not interfere with the performance of public duties and either the cost or value related to the use is nominal or the legislator or legislative employee reimburses the state for the cost of the use; (B) the use of mailing lists, computer data, or other information lawfully obtained from a government agency and available to the general public for nonlegislative purposes; (C) telephone or facsimile use that does not carry a special charge; (D) storing or maintaining, consistent with (b) of this section, election campaign records in a legislators office; ¦ORá (E) a legislator from using the legislators private office in the capital city during a legislative session, and for the 10 ¦FIVEá days immediately before and the 10 [FIVEá days immediately after a legislative session, for nonlegislative purposes if the use does not interfere with the performance of public duties and if there is no cost to the state for the use of the space and equipment, other than utility costs and minimal wear and tear, or the legislator promptly reimburses the state for the cost; an office is considered a legislators private office under this subparagraph if it is the primary space in the capital city reserved for use by the legislator, whether or not it is shared with others; (F) use by a legislator of photographs of that legislator; (G) reasonable use of the Internet by a legislator or a legislative employee except if the use is for election campaign purposes; or 1999-05-18 Senate Journal Page 1614 HB 225 (H) use of governmental resources, including paid staff time, to support or oppose a proposed initiative or an amendment to the state or federal constitution; a legislator or legislative employee may support or oppose a proposed initiative or constitutional amendment; however, a legislator or legislative employee may not use governmental resources to solicit contributions for or gather signatures on an initiative petition; a legislative employee may not, on government time, accept or receive contributions relating to a proposed constitutional amendment or initiative." Renumber the following bill sections accordingly. Renumber internal references to bill sections in accordance with this amendment if other floor amendments have caused the renumbering of bill sections in SCS CSHB 225(JUD). Senator Donley moved for the adoption of Amendment No. 9. Objections were heard. The question being: Shall Amendment No. 9 be adopted? The roll was taken with the following result: SCS CSHB 225(JUD) am S Second Reading Amendment No. 9 YEAS: 14 NAYS: 4 EXCUSED: 0 ABSENT: 2 Yeas: Donley, Green, Halford, Hoffman, Kelly Pete, Leman, Mackie, Miller, Parnell, Pearce, Taylor, Torgerson, Ward, Wilken Nays: Ellis, Elton, Lincoln, Phillips Absent: Adams, Kelly Tim and so, Amendment No. 9 was adopted. The bill was automatically in third reading. 1999-05-18 Senate Journal Page 1615 HB 225 Senator Ellis moved that the bill be returned to second reading for the purpose of a specific amendment, that being Amendment No. 10. Without objection, the bill was returned to second reading. Senator Ellis offered Amendment No. 10 : Page 4, line 21, through page 5, line 9: Delete all material. Renumber the following bill sections accordingly. Page 6, line 22, through page 7, line 18: Delete all material and insert: "(7) transfer all or a portion of the unused campaign contributions to an account for a future election campaign; a transfer under this paragraph is limited to (A) $50,000, if the transfer is made by a candidate for governor or lieutenant governor; (B) $10,000, if the transfer is made by a candidate for the state senate; (C) $5,000, if the transfer is made by a candidate for the state house of representatives; and (D) $5,000, if the transfer is made by a candidate for an office not described in (A) - (C) of this paragraph; (8) transfer all or a portion of the unused campaign contributions to a public office expense term account or to a public office expense term account reserve in accordance with (d) of this section; a transfer under this paragraph is subject to the following: (A) the authority to transfer is limited to candidates who are elected to the state legislature; (B) the public office expense term account established under this paragraph may be used only for expenses associated with the candidates serving as a member of the legislature; (C) all amounts expended from the public office expense term account shall be annually accounted for under AS15.13.110(a)(4); and 1999-05-18 Senate Journal Page 1616 HB 225 (D) a transfer under this paragraph is limited to $5,000 multiplied by the number of years in the term to which the candidate is elected; and" Page 8, line 10: Delete "AS 15.13.118 ¦(a)(8) OF THIS SECTIONá" Insert "(a)(8) of this section" Page 8, line 29, through page 11, line 6: Delete all material. Renumber the following bill sections accordingly. Page 16, line 22: Delete all material. Renumber the following bill sections accordingly. Page 16, line 24: Delete "sec. 22" Insert "sec. 19" Page 16, line 26: Delete "sec. 21" Insert "sec. 18" Senator Ellis moved for the adoption of Amendment No. 10. Objections were heard.