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HOUSE BILL NO. 2
IN THE LEGISLATURE OF THE STATE OF ALASKA
THIRTY-FIRST LEGISLATURE - FIRST SESSION
BY REPRESENTATIVES RAUSCHER, Sullivan-Leonard
Introduced: 2/20/19
Referred: Community and Regional Affairs, State Affairs, Finance
A BILL
FOR AN ACT ENTITLED
1 "An Act relating to the relocating and convening of the legislature at the Legislative
2 Information Office in Anchorage; relating to the regulation of lobbying; relating to
3 annual student guests of the legislature; relating to locations of sessions of the
4 legislature; relating to the Legislative Ethics Act; relating to the relocation of functions
5 of state government; and providing for an effective date."
6 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA:
7 * Section 1. AS 15.13.072(d) is amended to read:
8 (d) While the legislature is convened in a regular or special legislative session,
9 a legislator or legislative employee may not solicit or accept a contribution to be used
10 for the purpose of influencing the outcome of an election under this chapter unless
11 (1) it is an election in which the legislator or legislative employee is a
12 candidate and the contribution is for that legislator's or legislative employee's
13 campaign;
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1 (2) the solicitation or acceptance occurs during the 90 days
2 immediately preceding that election; and
3 (3) the solicitation or acceptance occurs in a place other than the
4 Municipality of Anchorage during a regular session [CAPITAL CITY] or a
5 municipality in which the legislature is convened in special session if the legislature is
6 convened in a municipality other than the Municipality of Anchorage [CAPITAL
7 CITY].
8 * Sec. 2. AS 15.13.072(g) is amended to read:
9 (g) A candidate or an individual who has filed with the commission the
10 document necessary to permit that individual to incur election-related expenses under
11 AS 15.13.100 for election or reelection to the office of governor or lieutenant governor
12 may not solicit or accept a contribution in the Municipality of Anchorage [CAPITAL
13 CITY] while the legislature is convened in a regular or special legislative session.
14 * Sec. 3. AS 24.05.090 is amended to read:
15 Sec. 24.05.090. Duration of legislature; sessions. The legislature shall
16 convene in the Municipality of Anchorage at the Legislative Information Office
17 [CAPITAL] each year on the third Tuesday in January at 1:00 p.m. Each legislature
18 has a duration of two years and consists of a "First Regular Session" that meets in the
19 odd-numbered years, and a "Second Regular Session" that meets in the even-
20 numbered years, and any special session that the governor or legislature calls.
21 * Sec. 4. AS 24.05.100(b) is amended to read:
22 (b) A special session may be held at any location in the state. If a special
23 session called under (a)(1) of this section is to be convened at a location other than the
24 Legislative Information Office in the Municipality of Anchorage [AT THE
25 CAPITAL], the governor shall designate the location in the proclamation. If a special
26 session called under (a)(2) of this section is to be convened at a location other than the
27 Legislative Information Office in the Municipality of Anchorage [AT THE
28 CAPITAL], the presiding officers shall agree to and designate the location in the poll
29 conducted of the members of both houses.
30 * Sec. 5. AS 24.10.030 is amended to read:
31 Sec. 24.10.030. Chief clerk and senate secretary. Each house shall select
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1 from outside its membership a person of known stenographic and administrative
2 ability to serve as chief administrative clerk; a chief clerk in the house of
3 representatives and a secretary in the senate. When nominated and elected in
4 conformity with the uniform rules, they continue to serve for the duration of the
5 legislature at the pleasure of the house to which assigned. Pending the organization of
6 a new legislature, they may continue to serve at the request and direction of the
7 legislative council until their respective houses formally reappoint or replace them.
8 The chief clerk and senate secretary are responsible for the performance of duties
9 provided for by law, the uniform rules, and orders of the house. They may be
10 requested to report to the legislative council for duty for a period not to exceed two
11 weeks immediately preceding the convening of the session and shall remain at the
12 location of the session [CAPITAL] until the completion of their work relating to
13 that session [IS DETERMINED BY THE DIRECTOR OF THE COUNCIL].
14 * Sec. 6. AS 24.10.130(a) is amended to read:
15 (a) A member of the legislature may be entitled to reimbursement for the
16 expenses of moving between the member's place of residence and the Municipality of
17 Anchorage [CAPITAL CITY] for the purpose of attending a regular session of the
18 legislature.
19 * Sec. 7. AS 24.45.041(b) is amended to read:
20 (b) The registration form prescribed by the commission must include
21 (1) the lobbyist's full name and complete permanent residence and
22 business address and telephone number, as well as any temporary residential and
23 business address and telephone number in the location of the session [STATE
24 CAPITAL] during a legislative session;
25 (2) the full name and complete address of each person by whom the
26 lobbyist is retained or employed;
27 (3) whether the person from whom the lobbyist receives compensation
28 employs the person solely as a lobbyist or whether the person is a regular employee
29 performing other services for the employer that include but are not limited to the
30 influencing of legislative or administrative action;
31 (4) the nature or form of the lobbyist's compensation for engaging in
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1 lobbying, including salary, fees, or reimbursement for expenses received in
2 consideration for, or directly in support of or in connection with, the influencing of
3 legislative or administrative action;
4 (5) a general description of the subjects or matters on which the
5 registrant expects to lobby or to engage in the influencing of legislative or
6 administrative action;
7 (6) the full name and complete address of the person, if other than the
8 registrant, who has custody of the accounts, books, papers, bills, receipts, and other
9 documents required to be maintained under this chapter;
10 (7) the identification of a legislative employee or public official to
11 whom the lobbyist is married or who is the domestic partner of the lobbyist;
12 (8) a sworn affirmation by the lobbyist that the lobbyist has completed
13 the training course administered by the commission under AS 24.45.031(a) within the
14 12-month period preceding the date of registration or registration renewal under this
15 chapter, except that this paragraph does not apply to a person who is a representational
16 lobbyist as defined under regulations of the commission;
17 (9) a sworn affirmation by the lobbyist that the lobbyist has not been
18 previously convicted of a felony involving moral turpitude; in this paragraph, "felony
19 involving moral turpitude" has the meaning given in AS 15.80.010, and includes
20 convictions for a violation of the law of this state or a violation of the law of another
21 jurisdiction with elements similar to a felony involving moral turpitude in this state.
22 * Sec. 8. AS 24.45.041(e) is amended to read:
23 (e) Within 15 days after the convening of each regular session of the
24 legislature, the commission shall publish a directory of registered lobbyists, containing
25 the information prescribed in (b) of this section for each lobbyist and the photograph,
26 if any, furnished by a lobbyist under (c) of this section. From time to time thereafter,
27 the commission shall publish those supplements to the directory that in the
28 commission's judgment may be necessary. The directory shall be made available to
29 public officials and to the public at the following locations: a public place adjacent to
30 the legislative chambers in the Legislative Information Office in the Municipality
31 of Anchorage [STATE CAPITOL BUILDING], the office of the lieutenant governor,
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1 the legislative reference library of the Legislative Affairs Agency, and the
2 commission's central office.
3 * Sec. 9. AS 24.50.010 is amended to read:
4 Sec. 24.50.010. Annual student guests. The legislature may each year while
5 in session serve as host to one member of each high school in the state for a stay of
6 one week in the Municipality of Anchorage [CAPITAL] to observe and learn the
7 legislative process.
8 * Sec. 10. AS 24.50.040 is amended to read:
9 Sec. 24.50.040. Essay contest. Before leaving the location of the session
10 [STATE CAPITAL], each legislative guest hosted under AS 24.50.010 shall prepare
11 and submit to the director of the Legislative Affairs Agency a paper of not less than
12 1,000 words entitled "The Legislature Should . . . . . . . . . .". Each paper shall be
13 examined and judged as to content by the governor, the president of the senate, the
14 speaker of the house of representatives, the minority leader of the senate, and the
15 minority leader of the house. The author of the paper determined best by majority vote
16 shall receive a one-year scholarship to the University of Alaska.
17 * Sec. 11. AS 24.60.030(a) is amended to read:
18 (a) A legislator or legislative employee may not
19 (1) solicit, agree to accept, or accept a benefit other than official
20 compensation for the performance of public duties; this paragraph may not be
21 construed to prohibit lawful solicitation for and acceptance of campaign contributions,
22 solicitation or acceptance of contributions for a charity event, as defined in
23 AS 24.60.080(a)(2)(B), or the acceptance of a gift under AS 24.60.075 or 24.60.080;
24 (2) use public funds, facilities, equipment, services, or another
25 government asset or resource for a nonlegislative purpose, for involvement in or
26 support of or opposition to partisan political activity, or for the private benefit of the
27 legislator, legislative employee, or another person; 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;
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1 (B) the use of mailing lists, computer data, or other information
2 lawfully obtained from a government agency and available to the general
3 public for nonlegislative purposes;
4 (C) the legislative council, notwithstanding AS 24.05.190, from
5 designating a public facility for use by legislators and legislative employees for
6 health or fitness purposes; when the council designates a facility to be used by
7 legislators and legislative employees for health or fitness purposes, it shall
8 adopt guidelines governing access to and use of the facility; the guidelines may
9 establish times in which use of the facility is limited to specific groups;
10 (D) a legislator from using the legislator's private office [IN
11 THE CAPITAL CITY] during a legislative session, and for the 10 days
12 immediately before and the 10 days immediately after a legislative session, for
13 nonlegislative purposes if the use does not interfere with the performance of
14 public duties and if there is no cost to the state for the use of the space and
15 equipment, other than utility costs and minimal wear and tear, or the legislator
16 promptly reimburses the state for the cost; an office is considered a legislator's
17 private office under this subparagraph if it is the primary space in the location
18 of the session [CAPITAL CITY] reserved for use by the legislator, whether or
19 not it is shared with others;
20 (E) a legislator from use of legislative employees to prepare
21 and send out seasonal greeting cards;
22 (F) a legislator from using state resources to transport
23 computers or other office equipment owned by the legislator but primarily used
24 for a state function;
25 (G) use by a legislator of photographs of that legislator;
26 (H) reasonable use of the Internet by a legislator or a legislative
27 employee except if the use is for election campaign purposes;
28 (I) a legislator or legislative employee from soliciting,
29 accepting, or receiving a gift on behalf of a recognized, nonpolitical charitable
30 organization in a state facility;
31 (J) a legislator from sending any communication in the form of
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1 a newsletter to the legislator's constituents, except a communication expressly
2 advocating the election or defeat of a candidate or a newsletter or material in a
3 newsletter that is clearly only for the private benefit of a legislator or a
4 legislative employee; or
5 (K) full participation in a charity event approved in advance by
6 the Alaska Legislative Council;
7 (3) knowingly seek, accept, use, allocate, grant, or award public funds
8 for a purpose other than that approved by law, or make a false statement in connection
9 with a claim, request, or application for compensation, reimbursement, or travel
10 allowances from public funds;
11 (4) require a legislative employee to perform services for the private
12 benefit of the legislator or employee at any time, or allow a legislative employee to
13 perform services for the private benefit of a legislator or employee on government
14 time; it is not a violation of this paragraph if the services were performed in an
15 unusual or infrequent situation and the person's services were reasonably necessary to
16 permit the legislator or legislative employee to perform official duties;
17 (5) use or authorize the use of state funds, facilities, equipment,
18 services, or another government asset or resource for the purpose of political fund
19 raising or campaigning; 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