Legislature(1999 - 2000)

1999-05-18 Senate Journal

Full Journal pdf

1999-05-18                     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.