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Alaska Legislator Conflicts of Interest and Per Diem Limits Initiative (2018)

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Alaska Legislator Conflicts of Interest and Per Diem Limits Initiative
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Election date
Unknown
Topic
Government accountability
Status
Approved by the legislature
Type
State statute		Origin
Citizens

The Alaska Legislator Conflicts of Interest and Per Diem Limits Initiative was not on the ballot in Alaska as an indirect initiated state statute on November 6, 2018. It was approved by the legislature on June 1, 2018.

The initiative was designed to create provisions related to (a) preventing legislator conflicts of interest, (b) making per diems for legislators contingent on passing a budget bill, (c) prohibiting lobbyists from buying meals and drinks for legislators, (d) justifying public expenses for travel to another country, and (e) restricting campaign spending and contributions of foreign-influenced corporations.

Legislation determined to be equivalent to the initiative by state officials was approved by the legislature, which means the initiative was kept off the ballot even though it qualified. House Bill 44 passed in the legislature on May 11, 2018. The lieutenant governor announced on June 1, 2018, that the bill was deemed similar enough to the initiative to replace and preclude an election on it. Rep. Jason Grenn (I-Anchorage), a sponsor of the measure, said, “As soon as the Governor signs the bill, the Alaskans for Integrity group will disband as we have decided not to pursue further action on keeping the initiative on the November ballot.”[1][2][3] Alaska Governor Bill Walker signed the legislation into law on July 19, 2018.[4]

Initiative design

The provisions of the initiative are summarized below. The initiative was written to take effect on July 1, 2019.[5]

Differences between the initiative and HB 44

The initiative was essentially approved by the legislature since House Bill 44 was deemed equivalent enough to replace the initiative and preclude an election on it. There are very few differences between the initiative and HB 44. The main differences between HB44 and the initiative are as follows:[6][7]

  • HB 44 establishes a $15 limit on food or beverage gifts that a lobbyist may give to a legislator or legislative employee, whereas the initiative stated lobbyists may give de minimus gifts of food and beverages.
  • The initiative would have strictly prohibited foreign-influenced corporations from spending money to influence Alaska's elections, but HB 44 does not include such a stipulation. Rather, HB 44 states that foreign spending on campaigns shall only be limited to the extent required by federal law. Therefore, HB 44 does not impact foreign campaign contributions to Alaskan candidates.[8]
  • The initiative would have made reports of legislators receiving per diem for traveling outside of the United States available to the public online, but HB 44 does not include a stipulation about making such reports publicly available online. The initiative would have required that legislative foreign travel "benefit the state," but HB 44 requires that foreign travel only serve a legislative purpose, which is similar to standards already in place.[8]
  • The initiative would have prohibited legislators from collecting per diem unless they pass a budget in 121 days or less, while under HB 44, the Legislative Council adopts the per diem policy.[8]
  • The bill was set to take effect on July 1, 2018, whereas the initiative would have taken effect on July 1, 2019.

According to the Alaska House Majority Coalition, like the initiative, House Bill 44 does the following:[9]

“
  • Establishes a definition of a conflict of interest to include a legislator’s immediate family members and employer;
  • Blocks legislators from receiving per diem after day 121 of the legislative session if the operating budget has not passed;
  • Prohibits a lobbyist from buying a legislator alcoholic beverages and limits food purchases;
  • Implements a stricter foreign travel policy for legislators;
  • Requires a legislator to declare a conflict of interest in committee before acting on legislation;
  • Prohibits foreign corporations and foreign citizens from making political expenditures on behalf of candidates in state elections.[10]
 ”

Conflict of interest provisions

The measure would have made changes to laws related to state legislators' conflicts of interest. The initiative would have prohibited legislators from taking or withholding official actions that could substantially affect the financial interests of the following:[5]

  • the legislator's immediate family;
  • the legislator's employer or an immediate family member's employer;
  • an employer who the legislator is seeking employment with; or
  • a person who gave more than $10,000 to the legislator or legislator's immediate family in the preceding 12 months.

Under the initiative, legislators would have been required to declare to a legislative committee any conflict of interest before voting on any matter that could have a significant financial impact on the legislator or the legislator's immediate family above and beyond the effect on the general public; the legislator would be required to request to be excused from the vote, but could vote if a majority of members in the chamber voted to allow it. Going into the 2018 election, Alaska law required legislators to not vote on any matter that would have a significant impact on businesses, investments, or property owned by the legislator.[5]

Per diems contingent on budget bill approval

The measure would have prohibited legislators from receiving per diem allowances during a special session unless and until a budget bill was passed. Specifically, no per diem would have been given after 121 consecutive days of the regular legislative session, which includes the 30-day add-on allowed by a two-thirds vote, if a budget bill had not been passed by that time. Per diems could have been withheld until such a budget bill was passed or until the next regular legislative session. Legislators would be allowed to start receiving a per diem allowance during a special session the day after a budget bill is passed. In 2017, the per diem for legislators was set at $213 or $247 per day, depending on the time of year, and was tied to the federal rate. The per diem for legislators that live near the Capitol was set at 75 percent of the full rate.[5]

Restrictions on lobbyists paying for meals

The measure would have prohibited lobbyists from purchasing meals and alcoholic drinks for legislators or legislative employees. Going into the 2018 election, Alaska law prohibited lobbyists from giving gifts to legislators and legislative employees but made an exception for food and drink consumed immediately. The initiative would have made that exception only apply to trivial or minor food expenses and non-alcoholic beverages.[5]

Travel expense justification provisions

The measure would also have required legislators who request payment for travel outside the United States to provide reports detailing how the travel benefits the state and serves a legislative purpose. The reports would have been made available to the public.[5]

Campaign finance restrictions on foreign-influenced corporations

The initiative would have prohibited foreign-influenced corporations from making expenditures for candidates, contributions to groups, or contributions to groups that make candidate contributions or political expenditures. The initiative would have provided the following criteria for defining a foreign-influenced corporation:[5]

  • any company owned or controlled by a foreign national or by any entity owned or controlled by a foreign national;
  • any company of which a single foreign national or any entity owned or controlled by a foreign national owns 5 percent or more of the total equity or outstanding voting shares of the company;
  • any company of which two or more foreign nationals or entities owned or controlled by foreign nationals owns 20 percent or more of the total equity or outstanding voting shares of the company;
  • any company for which a foreign national or an entity owned or controlled by a foreign national has control over decisions about campaign expenditures and contributions.

Text of measure

Full text

The full text of the initiative is available here.

Sponsors

Alaskans for Integrity logo

Alaskans for Integrity led the campaign in support of this initiative.[11]

Rep. Jason Grenn (I-22), Rep. Jonathan Kreiss-Tomkins (D-35), and Republican political organizer Bonnie Jack proposed the initiative.[12]

Represent.Us was the top donor to the campaign in support of this initiative.

Arguments

  • Rep. Jason Grenn (I-22) said, "If we’re asking them to trust us, we need to be working to build that trust at all times. Really focusing on, this isn’t about me, this isn’t about how it benefits me, it’s about how I’m working on what’s best for Alaskans."[13]
  • Rep. Jonathan Kreiss-Tomkins (D-35), discussing the initiative's changes to per diem allowances, stated, "I think it is absolutely unacceptable how the Legislature has gone to basically the 59th minute of the 11th hour when it comes to legislative business, to the point of nearly bringing the state to the brink of a government shutdown. I think this initiative will help curb that."[13]

Campaign finance

Total campaign contributions:
Support: $310,932.37
Opposition: $0

One committee—Alaskans for Integrity—was registered to support this initiative. The committee had reported receiving $277,514.99 in cash contributions and $33,417.38 in in-kind services. It reported $272,505.52 in cash expenditures and $79,713 in outstanding debt.[14]

No committees were registered to oppose this initiative.

Support

The top donor in support of this initiative was Represent.Us. The group provided $193,800.00 in cash contributions and $21,286.38 in in-kind services, providing in total 70 percent of the campaign's contributions.

Committees in support of the Legislator Conflicts of Interest and Per Diem Limits Initiative
Supporting committeesCash contributionsIn-kind servicesCash expenditures
Alaskans for Integrity$277,514.99$33,417.38$272,505.52
Total$277,514.99$33,417.38$272,505.52
Totals in support
Total raised:$310,932.37
Total spent:$305,922.90

Top donors

Donor Cash In-kind Total
Represent.Us $193,800.00 $21,286.38 $215,086.38
End Citizens United $0.00 $12,131.00 $12,131.00
Gwen Sigmund $2,275.00 $0.00 $2,275.00
Muriel Alexandrowski $750.00 $0.00 $750.00
Cheryl Robinson $500.00 $0.00 $500.00

Opposition

No committees were registered to oppose this initiative.

Methodology

To read Ballotpedia's methodology for covering ballot measure campaign finance information, click here.

Background

Aproval of budget bills and session length

Between 2008 and 2018, the Alaska legislature had approved budget bills in under 121 days following the convening of the regular session in seven years. The three years in which the legislature approved budget bills after the 121-day threshold set by this initiative were 2017, 2016, and 2015. In 2017, a budget wasn't approved by the legislature until 155 days after the convening of the session; there were 24 days of special sessions beyond that 121-day threshold in which legislators would have been unable to take per diems under this initiative. In 2016, there were eight days of a special session for which no per diem would have been available. In 2015, a final budget bill was passed 22 days after the 121-day threshold.[15]

  • In 2017, the legislature's regular session convened on January 17 and adjourned 121 days later—the maximum for a regular session—on May 17. A budget bill had not been passed by the adjournment date of the session. A special session was held from May 18 to June 16, at which a budget bill was not passed. A second special session was held that ended on July 15. A compromise budget was passed by the legislature on June 22, thereby preventing a government shutdown. This was 155 days after the legislature convened in January. Under this initiative, legislators would not have been entitled to a per diem for the last 24 of those 155 days.[15]
  • In 2016, the legislature's regular session convened on January 19 and adjourned 121 days later on May 19. A budget bill had not been passed by the adjournment of the session. A special session was held from May 23 to June 19. An operating budget bill was approved by the state legislature on May 31, 2016. This was eight days into the special session at which a per diem would not have been provided under this initiative; it was 133 days after the regular session convened. Ultimately, the governor signed budget bills into law on June 29.[16]
  • In 2015, the regular session convened on January 20. The legislature passed a final budget bill on June 11, which was 22 days after the 121 day limit that this initiative was designed to establish.[17]
  • In 2014, the legislature adjourned on April 25, 94 days after the session convened on January 21.[18]
  • In 2013, the legislature adjourned on April 14, 90 days after the session convened on January 15.[19]
  • In 2012, the legislature adjourned its regular session on April 16 and held a special session from April 18 through April 30. This means the legislature had adjourned for the year 104 days after convening on January 17.[20]
  • In 2011, the legislature adjourned its regular session on April 17 and held a special session—concerning the budget among other things—from April 18 through May 14, which was 116 days after the legislature convened for the year on January 18.[21]
  • In 2010, the legislature adjourned on April 19, which was 90 days after it convened on January 19.[22]
  • In 2009, the legislature adjourned its regular session on May 19, which was 89 days after it convened on January 20. The legislature held a special session in August, at which lawmakers considered the governor's partial vetoes.[23]
  • In 2008, the legislature adjourned its regular session on April 13, and it held a special session from June 3 through August 7. The legislature had passed operating budget and capital budget bills by April 12 and April 13, respectively. April 13 was 88 days after the legislature convened on January 15.[24]

Legislative salaries and per diems in the United States

See also: Comparison of state legislative salaries

This initiative would have made Alaska the first state to have per diems contingent on passing a budget. While Arizona law does provide a maximum number of days for which state legislators can take a per diem in a given year, no state features rules making per diems contingent on passing a budget or any other specific bill. Forty-three states provide some form of a per diem or transportation, lodging, and meal cost reimbursement. Seven states do not provide a per diem. The per diem rate for Alaska is tied to the federal rate and, in 2018, was $213 or $247 per day, with rates varying based on the time of the year. Moreover, legislators who live in or near Denver get 75 percent of the standard per diem.[25]

A chart comparing compensation, including per diem policy, for state legislators in all 50 states is expandible below. The information was current as of 2017.[25]

2018 legislation

The state legislature passed House Bill 44, legislation similar to this initiative, which replaced the initiative and precluded an election on it.[30][31] HB44 passed in the legislature on May 11, 2018. The lieutenant governor announced on June 1, 2018, that the bill was deemed similar enough to the initiative to replace and preclude an election on it.[2][32]

Path to the ballot

See also: Laws governing the initiative process in Alaska

The state process

In Alaska, the number of signatures required for an indirect initiated state statute is equal to 10 percent of the votes cast in the preceding gubernatorial election. Alaska also has a signature distribution requirement, which requires that signatures equal to 7 percent of the vote in the last general election must be collected in each of three-fourths of the 40 state House districts. Petitions are allowed to circulate for 365 days from the date the lieutenant governor issues petition booklets to be distributed for signature gathering. Signatures must be submitted 365 days after the lieutenant governor issued petition booklets to be distributed for signature gathering or before the legislative session begins, whichever comes first.

The requirements to get an indirectly initiated state statute certified for the 2018 ballot:

  • Signatures: 32,127 valid signatures were required.
  • Deadline: The deadline to submit signatures was January 16, 2018, or 365 days after the lieutenant governor prepared petitions, whichever comes first.

In Alaska, when enough signatures are verified for an initiative, the initiative is not certified for the ballot until after "a legislative session has convened and adjourned." This gives the Legislature a timeframe to consider the proposal or similar legislation. The initiative is void when “an act of the legislature that is substantially the same as the proposed law was enacted after the petition had been filed, and before the date of the election," according to state law.[33] Otherwise, the initiative is certified to appear on the ballot for the first statewide election 120 days after the legislature's adjournment.

Details about this initiative/referendum

An application for this initiative was filed with the lieutenant governor on August 29, 2017.[12] On October 6, 2017, Lt. Gov. Byron Mallott (D) approved the initiative for signature gathering.[34]

Alaskans for Integrity, the group behind this initiative, submitted approximately 45,171 signatures on Friday, January 12, 2018. Of those submitted, 32,127 needed to be valid for the initiative to move forward in the process. On March 5, 2018, the Alaska division of elections officially reported that 40,867—or 90.8 percent—verified, qualifying this initiative for the ballot. This means the initiative would have appeared on the ballot if the legislature did not pass equivalent legislation.[35]

In Alaska, a ballot measure will not be on the ballot if the legislature passes a bill deemed substantially similar to the initiative. That was the case with House Bill 44, which passed in the legislature on May 11, 2018. The lieutenant governor announced on June 1, 2018, that the bill was deemed similar enough to the initiative to replace and preclude an election on it.[2][36]

Rep. Jason Grenn (I-Anchorage), a sponsor of the measure, said, “As soon as the Governor signs the bill later this month [July 2018], the Alaskans for Integrity group will disband as we have decided not to pursue further action on keeping the initiative on the November ballot.”[37]

See also

External links

Support

Footnotes

  1. ↑ Jackie Mitchell, Email Communication with Jason Grenn, June 13, 2018
  2. ↑ 2.0 2.1 2.2 Alaska Legislature, "House Bill 44" accessed May 14, 2018
  3. ↑ Juneau Empire, "Lt. Gov. nixes good governance ballot measure," accessed June 6, 2018
  4. ↑ Juneau Empire, "Walker signs bill that will block lawmakers’ per diem expenses if budget is late," accessed July 20, 2018
  5. ↑ 5.0 5.1 5.2 5.3 5.4 5.5 5.6 Alaska Division of Elections, "Initiative Petition 17AKGA," accessed August 31, 2017
  6. ↑ Alaska Legislature Legal Services, "March 21 Memorandum," accessed June 7, 2018
  7. ↑ Alaska Legislature, "House Bill 44 final text," accessed June 7, 2018
  8. ↑ 8.0 8.1 8.2 Jackie Mitchell, "Email communication with Catherine Schlingheyde of the Alaska Legislature," June 11, 2018]
  9. ↑ [https://akhouse.org/house-strengthens-conflict-of-interest-standards-limits-per-diem-for-legislators/ Alaska House Majority Coalition, " House Strengthens Conflict of Interest Standards, Limits Per Diem for Legislators," accessed June 7, 2018]
  10. ↑ Note: This text is quoted verbatim from the original source. Any inconsistencies are attributable to the original source.
  11. ↑ Facebook: Alaskans for Integrity, "About," accessed January 9, 2018
  12. ↑ 12.0 12.1 Alaska Division of Elections, "Initiative Petition List," accessed August 28, 2017
  13. ↑ 13.0 13.1 Daily News Miner, "Proposed ballot initiative would cut legislators per diem after first session," August 29, 2017
  14. ↑ Alaska Public Offices Commission, "Campaign finance document search," accessed March 26, 2018
  15. ↑ 15.0 15.1 Anchorage Daily News, 'Alaska lawmakers approve budget compromise to avert government shutdown," June 22, 2017
  16. ↑ Alaska Journal of Commerce, "Alaska Legislature passes operating budget," May 31, 2016
  17. ↑ Anchorage Daily News, "Alaska Legislature passes budget and 'Erin's Law,' then adjourns overtime session," June 11, 2015
  18. ↑ NCSL, "2014 Legislative Session Calendar," accessed January 11, 2017
  19. ↑ NCSL, "2013 Legislative Session Calendar," accessed January 11, 2017
  20. ↑ NCSL, "2012 Legislative Session Calendar," accessed January 11, 2017
  21. ↑ NCSL, "2011 Legislative Session Calendar," accessed January 11, 2017
  22. ↑ NCSL, "2010 Legislative Session Calendar," accessed January 11, 2017
  23. ↑ Alaska Legislature, "Bill Actions By Date; August 10, 2009," accessed January 12, 2018
  24. ↑ Alaska Legislature, "25th Legislature (2007-2008); Passed Legislation," accessed January 12, 2018
  25. ↑ 25.0 25.1 NCSL, "2017 Legislator Compensation Information," February 28, 2017
  26. ↑ Full-time legislatures devote at least 82 percent of a full-time job to legislative duties. Hybrid legislatures devote 70 percent of a full-time job. Part-time legislatures devote 54 percent of a full-time job.
  27. ↑ Members are required to forfeit one day of compensation per month
  28. ↑ Information submitted by a Michigan legislative aide on April 7, 2017.
  29. ↑ In a vote on March 10, 2017, the Minnesota Legislative Salary Council approved raising legislator salaries to $45,000 per year.
  30. ↑ Juneau Empire, "Bill advancing in Alaska Senate could nix ‘good governance’ ballot measure," March 29, 2018
  31. ↑ Alaska State Legislature, "House Bill 44," accessed March 29, 2018
  32. ↑ Juneau Empire, "Lt. Gov. nixes good governance ballot measure," accessed June 6, 2018
  33. ↑ Alaska Department of Elections, "Public Information Packet on Initiatives," accessed January 24, 2024
  34. ↑ Juneau Empire, "Lt. Gov. Mallott approves per diem ballot measure," October 9, 2017
  35. ↑ Facebook: Alaskans for Integrity, "Home," accessed January 9, 2018
  36. ↑ Juneau Empire, "Lt. Gov. nixes good governance ballot measure," accessed June 6, 2018
  37. ↑ Jackie Mitchell, Email Communication with Jason Grenn, June 13, 2018
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