00 Enrolled SB 24 01 Relating to the applicability of the Legislative Ethics Act to legislative interns, legislative 02 volunteers, legislative consultants, legislative independent contractors, sole proprietorships, 03 and other legal entities; and excluding contractors and persons who work for contractors from 04 participating in certain benefit plans provided by the state, certain political subdivisions, or 05 certain public organizations based on performing fee-based or contract services. 06 _______________ 07  * Section 1. AS 24.60.112 is repealed and reenacted to read: 08 Sec. 24.60.112. Applicability to legislative interns, volunteers, consultants,  09 and independent contractors. (a) A legislative intern or legislative volunteer shall 10 comply with AS 24.60.030 - 24.60.039, 24.60.060, 24.60.080, 24.60.085, and 11 24.60.155, and the committee shall apply AS 24.60.158 - 24.60.170, 24.60.176, and 12 24.60.178 to a legislative intern or legislative volunteer. 01 (b) A legislative consultant or legislative independent contractor shall comply 02 with AS 24.60.030(a)(1) and (3), 24.60.031(a), 24.60.033, 24.60.060, and 03 24.60.080(a), (c)(1) - (6), (g), and (j), and the committee shall apply AS 24.60.158 - 04 24.60.170, 24.60.176, and 24.60.178 to a legislative consultant or legislative 05 independent contractor. 06 (c) If a person believes that a legislative intern, legislative volunteer, 07 legislative consultant, or legislative independent contractor has violated a provision of 08 this chapter that is made applicable by this section, the person may file a complaint 09 under AS 24.60.170. 10  * Sec. 2. AS 24.60.134(c) is amended to read: 11 (c) A person under contract to provide personal services to the committee who 12 does so as [IS] part of a sole proprietorship, corporation, [OR] partnership, or other  13 legal entity that includes individuals who will not be participating directly in the work 14 performed by the entity for the committee may request the committee to exclude 15 members of the entity from some or all of the provisions of this section. The 16 committee may grant the request if it finds that 17 (1) doing so will not lead to the appearance that the committee is 18 subject to undue political influence; and 19 (2) [IF] there is no appearance of impropriety. 20  * Sec. 3. AS 24.60.990(a)(11) is amended to read: 21 (11) "legislative employee" means a person, other than a legislator, 22 who is compensated by the legislative branch in return for providing regular or 23 substantial personal services, regardless of the person's pay level or technical status as 24 full time or part time; "legislative employee" [A FULL-TIME OR PART-TIME 25 EMPLOYEE, INDEPENDENT CONTRACTOR, OR CONSULTANT; IT 26 INCLUDES PUBLIC MEMBERS AND STAFF OF THE COMMITTEE; IT] does 27 not include legislative interns, legislative volunteers, legislative consultants,  28 legislative independent contractors, individuals who perform functions that are 29 incidental to legislative functions, and other employees designated by the committee; 30  * Sec. 4. AS 39.35 is amended by adding a new section to read: 31 Sec. 39.35.605. Contractors and employees of contractors excluded from  01 plan. (a) A person or legal entity providing services to the state or to a political 02 subdivision or public organization on a contractual or fee basis may not participate as 03 an employer in the plan based on those services. 04 (b) A person may not participate in the plan as an employee or member as the 05 result of performing work for a person providing services under (a) of this section. 06  * Sec. 5. AS 39.35 is amended by adding a new section to read: 07 Sec. 39.35.956. Contractors and employees of contractors excluded from  08 plan. (a) A person or legal entity providing services to the state or to a political 09 subdivision or public organization on a contractual or fee basis may not participate as 10 an employer in the plan based on those services. 11 (b) A person may not participate in the plan as an employee or member as the 12 result of performing work for a person providing services under (a) of this section. 13  * Sec. 6. AS 39.35.990(16) is amended to read: 14 (16) "member" or "employee" means a person who is eligible to 15 participate in the plan and who is covered by the plan, including the governor, the 16 lieutenant governor, and a member of the legislature, but does not include 17 (A) a full-time or part-time instructor [INSTRUCTORS] of 18 the Department of Labor and Workforce Development or [AND] the 19 Department of Education and Early Development in a position [POSITIONS] 20 that requires [REQUIRE] a teaching certificate; or  21 (B) a person who is compensated on a contractual or fee  22 basis; 23  * Sec. 7. AS 39.35.990(17) is amended to read: 24 (17) "membership service" means full-time or part-time employment 25 of a member or employee with an employer in the plan; 26  * Sec. 8. The uncodified law of the State of Alaska is amended by adding a new section to 27 read: 28 APPLICABILITY. AS 39.35.605, enacted by sec. 4 of this Act, AS 39.35.956, 29 enacted by sec. 5 of this Act, AS 39.35.990(16), as amended by sec. 6 of this Act, and 30 AS 39.35.990(17), as amended by sec. 7 of this Act, apply to contracts entered into on or after 31 the effective date of secs. 4 - 7 of this Act. 01  * Sec. 9. The uncodified law of the State of Alaska is amended by adding a new section to 02 read: 03 SEVERABILITY. If a final decision by a court of competent jurisdiction finds that 04 this Act violates the state constitutional requirement under art. II, sec. 13, Constitution of the 05 State of Alaska, requiring that every bill shall be confined to one subject, then AS 39.35.605, 06 enacted by sec. 4 of this Act, AS 39.35.956, enacted by sec. 5 of this Act, AS 39.35.990(16), 07 as amended by sec. 6 of this Act, AS 39.35.990(17), as amended by sec. 7 of this Act, and sec. 08 8 of this Act are severed from this Act, and the remainder of this Act and the application to 09 other persons or circumstances are not affected.