HB 289: "An Act relating to legislative ethics; and providing for an effective date."
00HOUSE BILL NO. 289 01 "An Act relating to legislative ethics; and providing for an effective date." 02 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 03 * Section 1. AS 24.25.010(e) is amended to read: 04 (e) This section does not apply to the legislative council, the Select 05 Committee on Legislative Ethics, or [NOR TO] the Legislative Budget and Audit 06 Committee. 07 * Sec. 2. AS 24.60.030(c) is repealed and reenacted to read: 08 (c) Unless approved by the committee, during a campaign period for an 09 election in which the legislator or legislative employee is a candidate, a legislator or 10 legislative employee may not use or permit another to use state funds, other than funds 11 to which the legislator is entitled as an office allowance, to print or distribute a 12 political mass mailing to individuals eligible to vote for the candidate. In this 13 subsection, 14 (1) a "campaign period" is the period that
01 (A) begins 90 days before an election to the board of an electric 02 or telephone cooperative organized under AS 10.25, a municipal election or a 03 primary election or that begins on the date of the governor's proclamation 04 calling a special election; and 05 (B) ends the day after the cooperative election, municipal 06 election, or the general or special election; 07 (2) a mass mailing is considered to be political if it is from or about 08 a 09 (A) legislator who is a candidate for reelection to the legislature 10 or election to another federal, state, or municipal office or to the board of a 11 telephone or electric cooperative; 12 (B) legislative employee who is a candidate for election to the 13 legislature or another federal, state, or municipal elective office or to the board 14 of a telephone or electric cooperative; 15 (C) person other than a legislator or a legislative employee who 16 is a candidate for election to the legislature. 17 * Sec. 3. AS 24.60.030(d) is amended to read: 18 (d) A legislator, a legislative employee, or another person on behalf of the 19 legislator or legislative employee, or a campaign committee of the legislator or 20 legislative employee, may not distribute or post campaign literature, placards, posters, 21 fund-raising notices, or other communications intended to influence the election of 22 a candidate in an election in public areas in a facility ordinarily used to conduct state 23 government business. 24 * Sec. 4. AS 24.60.030(f) is amended to read: 25 (f) A legislative employee may not serve in a position that requires 26 confirmation by the legislature. A legislator or legislative employee may serve on a 27 board of an organization, including a governmental entity, that regularly has a 28 substantial interest in the legislative activities of the legislator or employee, if the 29 legislator or employee discloses the board membership to the committee. A legislator 30 or legislative employee who is required to make a disclosure under this subsection 31 shall file an annual written report with the committee by February 15 of each
01 year stating the name of each organization on whose board the person serves. If 02 the legislator or legislative employee becomes a member of a board after filing the 03 annual disclosure statement, or after February 15 if no annual disclosure 04 statement is filed, the legislator or legislative employee shall file a supplemental 05 disclosure within 60 days after appointment or election to the board. The 06 committee shall maintain a public record of the disclosure and forward the 07 disclosure to the appropriate house for inclusion in the journal. This subsection 08 does not require a legislator or legislative employee who is appointed to a board 09 by the presiding officer to make a disclosure of the appointment to the committee 10 if the appointment has been published in the appropriate legislative journal 11 during the calendar year. 12 * Sec. 5. AS 24.60.030 is amended by adding a new subsection to read: 13 (h) In this section, when determining whether an employee is considered to be 14 performing a task on government time, the committee shall consider the employee's 15 work schedule as set by the employee's immediate supervisor. An employee who 16 engages in political campaign activities other than minimal, incidental campaign 17 activities as described in this subsection during the employee's work day shall take 18 leave for the period of campaigning. Incidental political campaign activities while on 19 government time are permissible if the activities are part of the normal legislative 20 duties of the employee, including answering short telephone calls and incidental 21 handling of incoming correspondence. Incidental political campaign activities shall 22 be kept to a minimum. 23 * Sec. 6. AS 24.60.031(a) is amended to read: 24 (a) A legislator or legislative employee may not 25 (1) on a day when either house of [WHILE] the legislature is in 26 regular or special session, solicit or accept a contribution or a promise or pledge to 27 make a contribution for a state legislative campaign; 28 (2) accept money from an event held on a day when either house of 29 the legislature is in regular or special [DURING A LEGISLATIVE] session if a 30 substantial purpose of the event is either to raise money on behalf of the member or 31 legislative employee for [CAMPAIGN PURPOSES OR TO RAISE MONEY FOR]
01 state legislative political purposes; or 02 (3) expend money in a state legislative campaign that was raised by or 03 on behalf of a legislator on a day when either house of the legislature was in 04 [DURING] a legislative session under a declaration of candidacy or a general letter 05 of intent to become a candidate for public office. 06 * Sec. 7. AS 24.60.039 is amended by adding a new subsection to read: 07 (b) If a person files a complaint with the committee under AS 24.60.170 08 alleging a violation of this section, the committee may refer the complainant to the 09 State Commission on Human Rights and may defer its consideration of the complaint 10 until after the complainant establishes to the satisfaction of the committee that the 11 commission has completed its proceedings in the matter. 12 * Sec. 8. AS 24.60.040(a) is amended to read: 13 (a) A legislator or legislative employee, or a member of the immediate family 14 of a legislator or legislative employee may not be a party to or have an interest in a 15 state contract or lease unless the contract or lease is let [THROUGH COMPETITIVE 16 SEALED BIDDING] under AS 36.30 (State Procurement Code) or, for agencies that 17 are not subject to AS 36.30, under similar procedures or the total annual amount 18 of the state contract or lease is $5,000 [$1,000] or less, or is a standardized contract 19 or lease that was developed under publicly established guidelines and is generally 20 available to the public at large, members of a profession, occupation, or group. A 21 person has an interest in a state contract or lease under this section if the person 22 receives direct or indirect financial benefits. A legislator or legislative employee who 23 participates in, or who knows or reasonably ought to know that a family member 24 is participating in, a state contract or lease that has an annual value of $5,000 or 25 more shall disclose the participation to the committee by February 15 of each 26 year. The disclosure must state the amount of the contract or lease and the name 27 of the state agency issuing the contract or lease, and must identify the procedures 28 under which the contract or lease was issued. If the disclosure concerns a 29 contract or lease in which a family member of the discloser is participating, the 30 disclosure must identify the relationship between the participant and the discloser. 31 * Sec. 9. AS 24.60.040 is amended by adding a new subsection to read:
01 (c) This section does not apply to a contract or lease issued under a state 02 program or loan that is subject to AS 24.60.050. A grant that results in a contract but 03 that is not subject to AS 24.60.050 is subject to this section. 04 * Sec. 10. AS 24.60.050(c) is amended to read: 05 (c) A legislator or legislative employee who participates in a program or 06 receives a loan that is not exempt from disclosure under (a) of this section shall file 07 a written report with the committee by February 15 of each year stating the amounts 08 of the loans outstanding or benefits received during the preceding calendar year from 09 nonqualifying programs. If the committee requests additional information necessary to 10 determine the propriety of participating in the program or receiving the loan, it shall 11 be promptly provided. The committee shall promptly compile a list of the statements 12 indicating the loans and programs and amounts and send it to the presiding officer of 13 each house who shall have it published in the supplemental journals within three weeks 14 after [OF] the filing date. A legislator or legislative employee who believes that 15 disclosure of participation in a program would be an invasion of the participant's 16 right to privacy under the state constitution may request the committee to keep 17 the disclosure confidential. If the committee finds that publication would 18 constitute an invasion of privacy, the committee shall publish only the fact that 19 a person has participated in the program and the amount of benefit that the 20 unnamed person received. The committee shall maintain the disclosure of the 21 name of the person as confidential and may only use the disclosure in a 22 proceeding under AS 24.60.170. If the disclosure becomes part of the record of 23 a proceeding under AS 24.60.170, the disclosure may be made public as provided 24 in that section. 25 * Sec. 11. AS 24.60.060 is amended by adding a new subsection to read: 26 (b) A legislator or legislative employee who is the subject of a complaint 27 under AS 24.60.170 violates this section if the legislator or legislative employee 28 violates a protective order issued under AS 24.60.170(i). 29 * Sec. 12. AS 24.60.070(b) is amended to read: 30 (b) A legislator or legislative employee required to make a disclosure 31 under this section shall make an annual disclosure no later than February 15 of
01 each year of the legislator's or legislative employee's close economic associations 02 then in existence. If the legislator or legislative employee forms a close economic 03 association after that date, the disclosure must be made within 60 days after 04 forming the association. A disclosure under this section must be sufficiently detailed 05 that a reader of the disclosure can ascertain the nature of the association. 06 * Sec. 13. AS 24.60.070 is amended by adding a new subsection to read: 07 (d) When making a disclosure under (a ) of this section concerning a 08 relationship with a lobbyist to whom the legislator or legislative employee is married 09 or who is the legislator's or legislative employee's spousal equivalent, the legislator or 10 legislative employee shall also disclose the name and address of each client of the 11 lobbyist and the total monetary value received from the client. The legislator or 12 legislative employee shall report changes in a spouse's clientele within 48 hours after 13 the change. In this subsection, 14 (1) "client of the lobbyist" means the person from whom the lobbyist 15 received amounts or things of value for engaging in lobbying on behalf of the person; 16 (2) "spousal equivalent" means a person with whom the legislator or 17 legislative employee is living in a conjugal relationship not a legal marriage. 18 * Sec. 14. AS 24.60.080(a) is amended to read: 19 (a) Except as provided in (c) and (h) of this section, a [A] legislator or 20 legislative employee may not solicit, accept, or receive, directly or indirectly, a gift 21 worth $250 [$100] or more, whether in the form of money, services, a loan, travel, 22 entertainment, hospitality, promise, or other form, or gifts from the same person worth 23 less than $250 [$100] that in a calendar year aggregate to $250 [$100] or more in 24 value. Except for food or beverage for immediate consumption, a legislator or 25 legislative employee [, AND] may not solicit, accept, or receive during a legislative 26 session a gift with any monetary value from a lobbyist or a person acting on behalf 27 of a lobbyist. 28 * Sec. 15. AS 24.60.080(c) is amended to read: 29 (c) Notwithstanding (a) of this section, it is not a violation of this section for 30 a legislator or legislative employee to accept 31 (1) hospitality, other than hospitality described in (4) of this subsection
01 (A) with incidental transportation at the residence of a person; 02 however, a vacation home is not considered a residence for the purposes 03 of this subparagraph; or 04 (B) at a social event or meal; 05 (2) discounts that are available 06 (A) generally to the public or to a large class of persons to 07 which the person belongs; or 08 (B) when on official state business but only if receipt of the 09 discount benefits the state; 10 (3) food or foodstuffs indigenous to the state that are shared generally 11 as a cultural or social norm; 12 (4) travel and hospitality primarily for the purpose of obtaining 13 information on matters of legislative concern; 14 (5) gifts from the immediate family of the person; or 15 (6) gifts that are not connected with the recipient's legislative status. 16 * Sec. 16. AS 24.60.080(d) is amended to read: 17 (d) A legislator or legislative employee who accepts a gift under (c)(4) [OR 18 (6)] of this section shall disclose the gift if it has a value of $250 [$100] or more; the 19 [. THE] disclosure must include the name and occupation of the person making the 20 gift and the approximate value of the gift. A gift under (c)(4) of this section required 21 to be disclosed under this subsection shall be disclosed to the committee within 30 22 days after [OF] the receipt of the gift. Except as provided in (i) of this section, a 23 gift [TO THE COMMITTEE. GIFTS] under (c)(6) of this section that has a value of 24 $250 or more shall be disclosed to the committee annually on or before February 15 25 [APRIL 15] of the following calendar year; the [AND THE] disclosure needs to 26 include only a description of the gift and the identity of the donor [THE VALUE 27 ONLY IF THE VALUE OF THE GIFT EXCEEDS $250]. The committee shall 28 maintain a public record of the disclosure it receives relating to gifts under (c)(4) of 29 this section and shall forward the disclosure to the appropriate house for inclusion in 30 the journal. Disclosures from legislative employees relating to gifts under (c)(6) of 31 this section shall be maintained, but are confidential and may only be used by the
01 committee and its employees and contractors in the investigation of a possible violation 02 of this section or in a proceeding under AS 24.60.170. If the disclosures from 03 legislative employees become part of the record of a proceeding under AS 24.60.170, 04 the confidentiality provisions of that section apply to the disclosures. The committee 05 shall maintain a public record of the disclosures it receives from legislators 06 concerning gifts under (c)(6) of this section and shall forward the disclosures to 07 the appropriate house for inclusion in the journal and to the Alaska Public 08 Offices Commission. 09 * Sec. 17. AS 24.60.080(f) is amended to read: 10 (f) Notwithstanding (a) of this section, a legislator or legislative employee may 11 accept a gift of property worth $250 [$100] or more, other than money, from a foreign 12 government or from an official of a foreign government if the person accepts the gift 13 on behalf of the legislature. The person shall, within 60 days after [OF] receiving the 14 gift, deliver the gift to the legislative council, which shall determine the appropriate 15 disposition of the gift. 16 * Sec. 18. AS 24.60.080(g) is amended to read: 17 (g) In this section, "immediate family" or "family member" has the meaning 18 given for "immediate family" in AS 24.60.990(a)(5) and includes the grandparents, 19 aunts, and uncles of a person, and also includes a person described in this subsection 20 or AS 24.60.990(a)(5) who is related to the person by marriage. 21 * Sec. 19. AS 24.60.080 is amended by adding new subsections to read: 22 (h) Notwithstanding (a) of this section, a legislator or legislative employee may 23 solicit, accept, or receive a gift on behalf of a recognized, nonpolitical charitable 24 organization in accordance with guidelines adopted by the committee. 25 (i) A legislator or legislative employee who receives an inheritance from a 26 person other than a family member shall disclose the fact of the receipt of an 27 inheritance and the identity of the person from whom it was received to the committee 28 within 60 days after receiving notice of the inheritance. The committee shall maintain 29 a public record of the disclosure. This subsection does not require disclosure of the 30 value of the inheritance. 31 (j) A legislator, a legislative committee other than the Select Committee on
01 Legislative Ethics, or a legislative agency may accept a gift of volunteer services for 02 legislative purposes so long as the person making the gift of services is not receiving 03 compensation from another source for the services. A legislative volunteer shall be 04 considered to be a legislative employee for purposes of compliance with AS 24.60.030 05 - 24.60.039, 24.60.060, 24.60.080, 24.60.085, 24.60.158 - 24.60.170, 24.60.176, and 06 24.60.178. If a person believes that a legislative volunteer has violated the provisions 07 of one of those sections, the person may file a complaint under AS 24.60.170. The 08 provisions of AS 24.60.170 apply to the proceeding. This subsection does not permit 09 a legislator or legislative employee to accept a gift of services for nonlegislative 10 purposes. 11 (k) A legislator or legislative employee who knows or reasonably ought to 12 know that a family member has received a gift because of the family member's 13 connection with the legislator or legislative employee shall report the receipt of the gift 14 by the family member to the committee if the gift would have to be reported under this 15 section if it had been received by the legislator or legislative employee or if receipt of 16 the gift by a legislator or legislative employee would be prohibited under this section. 17 (l) In this section, the value of a gift shall be determined by the fair market 18 value of the gift to the extent that the fair market value can be determined. 19 * Sec. 20. AS 24.60.085(a) is amended to read: 20 (a) A legislator or legislative employee may not 21 (1) seek or accept compensation for personal services that is 22 significantly greater than the value of [INVOLVES PAYMENTS THAT ARE NOT 23 COMMENSURATE WITH] the services rendered taking into account the higher rates 24 generally charged by specialists in a profession; or 25 (2) accept a payment of anything of value, except for actual and 26 necessarily incurred travel expenses, for an appearance or speech by the legislator or 27 legislative employee; this paragraph does not apply to the salary paid to a legislator 28 or legislative employee for making an appearance or speech as part of the legislator's 29 or legislative employee's normal course of employment. 30 * Sec. 21. AS 24.60.100 is amended to read: 31 Sec. 24.60.100. REPRESENTATION. A legislator or legislative employee
01 who represents another person for compensation before an agency, board, or 02 commission of the state shall disclose the name of the person represented, the subject 03 matter of the representation, and the body before which the representation is to take 04 place to the committee. The disclosure shall be made within 60 days after 05 beginning the representation. In addition, a legislator or legislative employee 06 shall, no later than February 15, make an annual disclosure of all of the clients 07 represented during the previous calendar year. The committee shall maintain a 08 public record of a [THE] disclosure under this section and forward the disclosure to 09 the respective house for inclusion in the journal. A legislator or legislative employee 10 may not represent another person for compensation before an agency, committee, or 11 other entity of the legislative branch. 12 * Sec. 22. AS 24.60.130(f) is amended to read: 13 (f) The committee may contract for professional services and may employ staff 14 as it considers necessary. A committee employee, including a person who provides 15 personal services under a contract with the committee, may not be a legislator, an 16 elected or appointed official of a state or local governmental entity, an officer of a 17 political party, a candidate for public office, or a registered lobbyist. The legislative 18 council shall provide office space, equipment, and additional staff support for the 19 committee. The committee shall submit a budget for each fiscal year to the finance 20 committees of the legislature and shall annually submit an estimated budget to the 21 governor for information purposes in preparation of the state operating budget. Public 22 members of the committee serve without compensation for their services, but are 23 entitled to travel and per diem expenses authorized for members of state boards 24 and commissions under AS 39.20.180. 25 * Sec. 23. AS 24.60.130(h) is amended to read: 26 (h) A member is disqualified from participating as a member in any 27 proceeding before the committee involving a complaint against the member or an 28 employee whose work is supervised by the member or an advisory opinion 29 requested by the member. If a regular legislative member is disqualified under this 30 subsection, an alternate shall be appointed under (o) of this section. [IF THE 31 LEGISLATURE IS IN SESSION WHEN A LEGISLATIVE MEMBER IS
01 DISQUALIFIED UNDER THIS SUBSECTION, THE PRESIDING OFFICER OF 02 THAT MEMBER'S HOUSE SHALL, WITH THE CONCURRENCE BY ROLL CALL 03 VOTE OF TWO-THIRDS OF THE FULL MEMBERSHIP OF THAT HOUSE, 04 APPOINT ANOTHER MEMBER FROM THAT HOUSE TO ACT AS A MEMBER 05 OF THE COMMITTEE IN THE PROCEEDING. IF THE LEGISLATURE IS NOT 06 IN SESSION WHEN A LEGISLATIVE MEMBER IS DISQUALIFIED, THE 07 PRESIDING OFFICER OF THE HOUSE OF WHICH THE DISQUALIFIED 08 LEGISLATOR IS A MEMBER SHALL APPOINT ANOTHER MEMBER FROM 09 THAT HOUSE, WITH A RECORDED CONCURRENCE OF A MAJORITY VOTE 10 OF THE SUBCOMMITTEE OF THAT HOUSE, TO ACT AS A MEMBER OF THE 11 COMMITTEE IN THE PROCEEDING.] 12 * Sec. 24. AS 24.60.130 is amended by adding a new subsection to read: 13 (o) When appointing members of the legislature to serve on the committee, the 14 speaker of the house or the president of the senate, as appropriate, shall appoint an 15 alternate member for each regular member. An alternate must have the same 16 qualifications as the regular member for whom the alternate stands as alternate and is 17 subject to confirmation as required for the regular member. If a regular legislative 18 member of the committee or a subcommittee is disqualified under (h) of this section 19 from serving on the committee or the subcommittee during a proceeding under 20 AS 24.60.170, the chair of the committee or a subcommittee shall appoint the regular 21 member's alternate to serve in place of the regular member in the proceeding unless 22 the alternate is also disqualified from serving. The appointment shall be treated as 23 confidential to the same extent that the identity of the subject of a complaint is 24 required to be kept confidential. 25 * Sec. 25. AS 24.60.134(a) is amended to read: 26 (a) Except as provided in (d) of this section, in [IN] addition to the 27 requirements of this chapter, a public member of the committee, an employee of the 28 committee, or a person under contract to provide personal services to the committee 29 may not, during the person's term of office or employment or during the life of 30 the contract, participate in 31 (1) [PARTICIPATE IN] political management or in a political
01 campaign for a candidate for election to federal, state, or local office, regardless 02 of whether the campaign is partisan or nonpartisan, or for a ballot measure of 03 any type [DURING THE PERSON'S TERM OF OFFICE, EMPLOYMENT, OR 04 CONTRACT]; 05 (2) [PARTICIPATE IN] the campaign of, attend campaign fund-raising 06 events for, or make a financial contribution to 07 (A) a candidate for the legislature; 08 (B) an incumbent legislator or legislative employee who is a 09 candidate for another public office; or 10 (C) a person running for another office against an incumbent 11 legislator or legislative employee; or 12 (3) [PARTICIPATE IN] lobbying activities that would require the 13 person to register as a lobbyist except as required to inform the legislature concerning 14 legislation requested by the committee or other matters related to the committee. 15 * Sec. 26. AS 24.60.134 is amended by adding new subsections to read: 16 (c) In addition to the prohibitions under (a) of this section, a public member 17 of the committee, an employee of the committee, or a person under contract to provide 18 personal services to the committee may not, during the duration of the person's term 19 of office or employment, or during the life of the contract, participate in or attend a 20 fund-raising event held on behalf of a political party. 21 (d) A person under contract to provide personal services to the committee who 22 is part of a corporation or partnership that includes individuals who will not be 23 participating directly in the work performed by the entity for the committee may 24 request the committee to exclude members of the entity from some or all of the 25 provisions of this section. The committee may grant the request if it finds that doing 26 so will not lead to the appearance that the committee is subject to undue political 27 influence and if there is no appearance of impropriety. 28 * Sec. 27. AS 24.60.150(b) is amended to read: 29 (b) The committee may 30 (1) recommend legislation to the legislature the committee considers 31 desirable or necessary to promote and maintain high standards of ethical conduct in
01 government; 02 (2) subpoena witnesses, administer oaths, and take testimony relating 03 to matters before the committee, and may require the production for examination of 04 any books or papers relating to any matter under investigation before the committee; 05 (3) adopt guidelines to implement this chapter; in adopting 06 guidelines, the committee shall provide notice of its intended action and an 07 opportunity for public comment; a person who reasonably relies on a guideline 08 adopted by the committee may not be penalized for having violated a conflicting 09 provision of this chapter. 10 * Sec. 28. AS 24.60.160 is amended to read: 11 Sec. 24.60.160. ADVISORY OPINIONS. (a) The committee shall issue an 12 advisory opinion within 60 [30] days on the request of a person to whom the chapter 13 applies or a person elected to the legislature who at the time of election is not a 14 member of the legislature as to whether the facts and circumstances of a particular case 15 constitute a violation of ethical standards. If it finds that it is advisable to do so, the 16 committee may issue an opinion under this section on the request of a person who 17 reasonably expects to become subject to this chapter within the next 45 days. The 18 60-day [30-DAY] period for issuing an opinion may be extended by the committee if 19 the person requesting the opinion consents. 20 (b) An [THE] opinion issued under this section is binding on the committee 21 in any subsequent proceedings concerning the facts and circumstances of the particular 22 case unless material facts were omitted or misstated in the request for the advisory 23 opinion. Except as provided in this chapter, an advisory opinion is confidential but 24 shall be made public if a written request by the person who requested the opinion is 25 filed with the committee. A person who requested an opinion, including a 26 legislator, may not require admittance to an executive session of the committee 27 when it is deliberating concerning the advisory opinion request. 28 * Sec. 29. AS 24.60.170(a) is amended to read: 29 (a) The committee shall consider a complaint alleging a violation of this 30 chapter if the alleged violation occurred within five years before [OF] the date that the 31 complaint is filed with the committee and, when the subject of the complaint is a
01 former member of the legislature, the complaint is filed within one year after [OF] the 02 subject's departure from the legislature. The committee may not consider a complaint 03 filed against all members of the legislature, against all members of one house of 04 the legislature, or against a person employed by the legislative branch of government 05 after the person has terminated legislative service. However, the committee may 06 reinstitute proceedings concerning a complaint that was closed because a former 07 employee terminated legislative service or because a legislator left the legislature 08 if the former employee or legislator resumes legislative service, whether as an 09 employee or legislator, within five years after the alleged violation. The committee 10 may also initiate complaints on its own motion, subject to the same time limitations. 11 The time limitations of this subsection do not bar proceedings against a person who 12 intentionally prevents discovery of a violation of this chapter. 13 * Sec. 30. AS 24.60.170(c) is amended to read: 14 (c) When the committee receives a complaint under (a) of this section, it may 15 assign the complaint to a staff person. The staff person shall conduct a 16 preliminary examination of the complaint and recommend to the committee 17 whether the allegations of the complaint, if true, constitute a violation of this 18 chapter and whether there is credible information to indicate that a further 19 investigation and proceeding is warranted. The recommendation shall be based 20 on the information and evidence contained in the complaint as supplemented by 21 the complainant and the subject of the complaint, if requested to do so by the 22 staff member. The committee shall consider the recommendation of the staff 23 member and shall determine whether the allegations of the complaint, if true, 24 constitute a violation of this chapter. If the committee determines that the allegations, 25 if proven, would not give rise to a violation, that the complaint is frivolous on its 26 face, that there is insufficient credible information that can be uncovered to 27 warrant further investigation by the committee, or that [IF] the committee's lack 28 of jurisdiction is apparent on the face of the complaint, the committee shall dismiss the 29 complaint [,] and shall notify the complainant and the subject of the complaint of the 30 dismissal. The committee may ask the complainant to provide clarification or 31 additional information before it makes a decision under this subsection and may
01 request information concerning the matter from the subject to the complaint. The 02 subject of a complaint is not obligated to provide the information. A proceeding 03 conducted under this subsection, documents that are part of a proceeding, and a 04 dismissal under this subsection are confidential as provided in (l) of this section 05 unless the subject of the complaint waives confidentiality as provided in that 06 subsection. 07 * Sec. 31. AS 24.60.170(f) is amended to read: 08 (f) If the committee determines after investigation that there is not probable 09 cause to believe that the subject of the complaint has violated this chapter, the 10 committee shall dismiss the complaint. The committee may also dismiss portions of 11 a complaint if it finds no probable cause to believe that the subject of the complaint 12 has violated this chapter as alleged in those portions. The committee shall issue a 13 decision explaining its dismissal. Committee deliberations and vote on the 14 dismissal order and decision are not open to the public or the subject of the 15 complaint. A copy of the dismissal order and decision shall be sent to the 16 complainant and to the subject of the complaint. Notwithstanding (l) of this section, 17 a dismissal order and decision is open to inspection and copying by the public. 18 * Sec. 32. AS 24.60.170(i) is amended to read: 19 (i) A person charged under (h) [(b)] of this section may engage in discovery 20 in a manner consistent with the Alaska Rules of Civil Procedure. The committee may 21 adopt procedures that 22 (1) impose reasonable restrictions on the time for this discovery and on 23 the materials that may be discovered; 24 (2) permit a person who is the subject of a complaint to engage in 25 discovery at an earlier stage of the proceedings; 26 (3) impose reasonable restrictions on the release of information that 27 the subject of a complaint acquires from the committee in the course of discovery, 28 or on information obtained by use of the committee's authority, in order to 29 protect the privacy of persons not under investigation to whom the information 30 pertains. 31 * Sec. 33. AS 24.60.170(l) is amended to read:
01 (l) Proceedings of the committee relating to complaints before it are 02 confidential until the committee determines that there is probable cause to believe that 03 a violation of this chapter has occurred. The complaint and all documents produced 04 or disclosed as a result of the committee investigation are confidential and not subject 05 to inspection by the public. If in the course of an investigation or probable cause 06 determination the committee finds evidence of probable criminal activity, the 07 committee shall transmit a statement and factual findings limited to that activity to the 08 appropriate law enforcement agency. If the committee finds evidence of a probable 09 violation of AS 15.13, the committee shall transmit a statement to that effect and 10 factual findings limited to the probable violation to the Alaska Public Offices 11 Commission. All meetings of the committee before the determination of probable 12 cause are closed to the public and to legislators who are not members of the 13 committee. However, the committee may permit the subject of the complaint to 14 attend a meeting other than the deliberations on probable cause. The 15 confidentiality provisions of this subsection may be waived by the subject of the 16 complaint, except that the subject of the complaint may not waive the 17 confidentiality duty the committee owes to others. 18 * Sec. 34. AS 24.60.176 is amended to read: 19 Sec. 24.60.176. RECOMMENDATIONS WHERE VIOLATOR IS A 20 LEGISLATIVE EMPLOYEE. If the person found to have violated this chapter is or 21 was a legislative employee, the committee's recommendations shall be forwarded to 22 the appropriate appointing authority that shall, as soon as is reasonably possible, 23 determine the sanctions, if any, to be imposed. The appointing authority may not 24 question the committee's findings of fact. The appointing authority shall assume the 25 validity of the committee's findings [,] and determine and impose the appropriate 26 sanctions. The appointing authority has the power to impose a sanction 27 recommended by the committee or to impose a different sanction. 28 * Sec. 35. AS 24.60.176 is amended by adding a new subsection to read: 29 (b) In this section, "appointing authority" means 30 (1) the legislative council for employees of the Legislative Affairs 31 Agency and of the legislative council and for legislative employees not otherwise
01 covered under this subsection; 02 (2) the Legislative Budget and Audit Committee for the legislative 03 fiscal analyst and employees of the division of legislative finance, the legislative 04 auditor and employees of the division of legislative audit, and employees of the 05 Legislative Budget and Audit Committee; 06 (3) the appropriate finance committee for employees of the senate or 07 house finance committees; 08 (4) the appropriate rules committee for employees of standing 09 committees of the legislature other than the finance committees, for employees of the 10 senate secretary's office and the office of the chief clerk of the house of 11 representatives, and for employees of individual legislators; 12 (5) the ombudsman for employees of the office of the ombudsman, 13 other than the ombudsman; 14 (6) the legislature for the ombudsman. 15 * Sec. 36. AS 24.60 is amended by adding a new section to read: 16 Sec. 24.60.178. RECOMMENDED SANCTIONS. (a) When the committee 17 finds that a person has violated this chapter, the committee may recommend 18 appropriate sanctions, including sanctions set out in (b) of this section. 19 (b) The sanctions that the committee may recommend include 20 (1) imposition of a civil penalty of not more than $5,000 for each 21 offense or twice the amount improperly gained, whichever is greater; 22 (2) divestiture of specified assets or withdrawal from specified 23 associations; 24 (3) additional, detailed disclosure, either as a public disclosure or as a 25 confidential disclosure to the committee; 26 (4) in the case of a legislative employee, suspension of employment 27 with or without pay for a stated period of time or until stated conditions are met, or 28 termination from legislative employment; 29 (5) restitution of property or reimbursement of improperly received 30 benefits; 31 (6) public or private written reprimand;
01 (7) censure, including, in the case of a legislator, removal from a 02 committee chair or co-chair position and a determination that the legislator will not 03 be appointed to serve as a committee chair or co-chair during the remainder of that 04 legislature; 05 (8) placing the person on probationary status; 06 (9) in the case of a legislator, expulsion from the house of the 07 legislature; 08 (10) any other appropriate measure. 09 (c) In addition to or in place of a sanction recommended under (b) of this 10 section, the committee may recommend that the subject of a complaint be required to 11 pay all or a portion of the costs related to the investigation and adjudication of a 12 complaint. 13 * Sec. 37. AS 24.60.200 is amended to read: 14 Sec. 24.60.200. FINANCIAL DISCLOSURE BY LEGISLATORS AND 15 LEGISLATIVE DIRECTORS. A legislator and a legislative director shall file a 16 disclosure statement, under oath and on penalty of perjury, with the Alaska Public 17 Offices Commission giving the following information about the income received by 18 them, their spouses, their dependent children, and their nondependent children who are 19 living with them: 20 (1) the information that a public official is required to report under 21 AS 39.50.030; however, a legislator or legislative director is not required to report 22 [, EXCEPT THAT] sources of income [OTHER THAN GIFTS] of $1,000 or less, 23 [AND] loans of $1,000 or less, or any gifts [NEED NOT BE REPORTED]; 24 (2) as to income in excess of $1,000 received as compensation for 25 personal services, the name and address of the source of the income, and a statement 26 describing the nature of the services performed; if the source of income is known or 27 reasonably should be known to have a substantial interest in legislative, administrative, 28 or political action and the recipient of the income is a legislator or a legislative 29 director, the amount of income received from the source shall be disclosed; 30 (3) as to each loan or loan guarantee over $1,000 from a source with 31 a substantial interest in legislative, administrative, or political action, the name and
01 address of the person making the loan or guarantee, the amount of the loan, the terms 02 and conditions under which the loan or guarantee was given, the amount outstanding 03 at the time of filing, and whether or not a written loan agreement exists [; 04 (4) THE SOURCE OF A GIFT, OTHER THAN AN INHERITANCE, 05 RECEIVED DURING THE PRECEDING CALENDAR YEAR BY THE PERSON, 06 THE PERSON'S SPOUSE OR DEPENDENT CHILD, OR A NONDEPENDENT 07 CHILD OF THE PERSON WHO IS LIVING WITH THE PERSON, IF THE 08 AMOUNT OF THE GIFT EXCEEDS $100 AND IS RECEIVED FROM A PERSON 09 WHO IS NOT A MEMBER OF THE RECIPIENT'S FAMILY]. 10 * Sec. 38. AS 24.60.210 is amended to read: 11 Sec. 24.60.210. DEADLINES FOR FILING [OF] DISCLOSURE 12 STATEMENTS. A legislator and a legislative director shall file an annual report with 13 the Alaska Public Offices Commission, covering the previous calendar year, containing 14 the disclosures required by AS 24.60.200, on or before February 15 [APRIL 15] of 15 each year. 16 * Sec. 39. AS 24.60.260(a) is amended to read: 17 (a) A person required to make a disclosure under this chapter may not 18 knowingly make a false or deliberately misleading or incomplete disclosure to the 19 committee or to the Alaska Public Offices Commission. A person who files [, OR 20 FILE] a disclosure after a deadline set by this chapter or by a regulation adopted by 21 the committee or by the Alaska Public Offices Commission has violated this chapter 22 and may be subject to imposition of a fine as provided in (c) of this section or 23 AS 24.60.240. 24 * Sec. 40. AS 24.60.260 is amended by adding a new subsection to read: 25 (c) The committee may impose a fine on a person who files a disclosure after 26 a deadline set by this chapter. The amount of the fine imposed under this subsection 27 may not exceed $2 for each day to a maximum of $25 per disclosure for an 28 inadvertent late disclosure. If the committee finds that a person intentionally waited 29 until after a deadline had passed to file a disclosure or, knowing a disclosure was 30 required under this chapter, intentionally failed to make the disclosure, the committee 31 may impose an additional fine of $100 under this subsection.