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CSSB 141(RLS): "An Act relating to legislative and executive branch ethics; relating to the conduct of lobbyists with respect to public officials; relating to campaigning by state employees; relating to the filing of financial disclosures by certain state employees and officials; making a conforming amendment to the definition of `public official' for employment security statutes; and providing for an effective date."

00 CS FOR SENATE BILL NO. 141(RLS)                                                                                         
01 "An Act relating to legislative and executive branch ethics; relating to the                                            
02 conduct of lobbyists with respect to public officials; relating to campaigning by                                       
03 state employees; relating to the filing of financial disclosures by certain state                                       
04 employees and officials; making a conforming amendment to the definition of                                             
05 `public official' for employment security statutes; and providing for an effective                                      
06 date."                                                                                                                  
07 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA:                                                                
08    * Section 1.  AS 23.20.526(d) is amended to read:                                                                    
09  (d) For the purposes of AS 23.20.525(a)(4) - (6) and (14), the term                                                   
10 "employment" does not apply to service performed                                                                        
11   (1)  by a duly ordained, commissioned, or licensed minister of a church                                              
12 in the exercise of the person's ministry or by a member of a religious order in the                                     
13 exercise of duties required by the order;                                                                               
14   (2)  in a facility conducted for the purpose of carrying out a program                                               
01 of rehabilitation for individuals whose earning capacity is impaired by age or physical                                 
02 or mental deficiency or injury or providing remunerative work for individuals who,                                      
03 because of their impaired physical or mental capacity, cannot be readily absorbed in                                    
04 the competitive labor market by an individual receiving the rehabilitation or                                           
05 remunerative work;                                                                                                      
06   (3)  as part of an unemployment work-relief or work-training program                                                 
07 assisted or financed in whole or in part by any federal agency or any agency of a state                                 
08 or political subdivision of the state, by an individual receiving work relief or work                                   
09 training;                                                                                                               
10   (4)  for a state hospital by an inmate of a prison or correctional                                                   
11 institution;                                                                                                            
12   (5)  in the employ of a school, college, or university [,] if the service                                            
13 is performed by a student who is enrolled and is regularly attending classes at the                                     
14 school, college, or university;                                                                                         
15   (6)  by an individual under the age of 22 who is enrolled at a nonprofit                                             
16 or public educational institution that [WHICH] normally maintains a regular faculty                                   
17 and curriculum and normally has a regularly organized body of students in attendance                                    
18 at the place where its educational activities are carried on as a student in a full-time                                
19 program, taken for credit at the institution, that [WHICH] combines academic                                          
20 instruction with work experience, if the service is an integral part of the program, and                                
21 the institution has so certified to the employer, except that this paragraph does not                                   
22 apply to service performed in a program established for or on behalf of an employer                                     
23 or group of employers;                                                                                                  
24   (7)  in the employ of a hospital, if the service is performed by a patient                                           
25 of the hospital, as defined in AS 23.20.520;                                                                            
26   (8)  in the employ of the state or a political subdivision of the state if                                           
27 the service is performed by an individual in the exercise of duties                                                     
28   (A)  as a judicial officer, the governor, the lieutenant                                                           
29 governor, a person hired or appointed as the head or deputy head of a                                                   
30 department in the executive branch, a person hired or appointed as the                                                  
31 director of a division of a department in the executive branch, an assistant                                            
01 to the governor, a chair or member of a state commission or board, state                                                
02 investment officers and the state comptroller in the Department of                                                      
03 Revenue, the executive director of the Alaska Tourism Marketing Council,                                                
04 an appointed or elected municipal officer ["PUBLIC OFFICIAL"                                                           
05 AS DEFINED IN AS 39.50.200(a)], any other elected official, the fiscal analyst                                          
06 of the legislative finance division, the legislative auditor of the legislative audit                                   
07 division, the executive director of the Legislative Affairs Agency, and the                                             
08 directors of the divisions within the Legislative Affairs Agency;                                                       
09   (B)  as a member of the Alaska Army National Guard or Alaska                                                        
10 Air National Guard or Alaska Naval Militia; or                                                                          
11   (C)  as an employee serving on only a temporary basis in case                                                       
12 of fire, storm, snow, earthquake, flood, or similar emergency;                                                          
13   (9)  in the employ of                                                                                                
14   (A)  a church or a convention or association of churches; or                                                        
15   (B)  an organization that [WHICH] is operated primarily for                                                       
16 religious purposes and that [WHICH] is operated, supervised, controlled, or                                           
17 principally supported by a church or a convention or association of churches.                                           
18    * Sec. 2.  AS 24.25.010(e) is amended to read:                                                                       
19     (e)  This section does not apply to the legislative council, the Select                                           
20 Committee on Legislative Ethics, or [NOR TO] the Legislative Budget and Audit                                          
21 Committee.                                                                                                              
22    * Sec. 3.  AS 24.45 is amended by adding a new section to read:                                                      
23  Sec. 24.45.165.  SPOUSES AND COHABITANTS OF LEGISLATORS.  (a)                                                         
24 A spouse of or a person cohabitating with a legislator may not engage in lobbying the                                   
25 legislature during the legislator's term of office.                                                                     
26  (b)  In this section,                                                                                                 
27   (1)   "engage in lobbying" means to act as a lobbyist;                                                               
28   (2)  "person cohabitating with a legislator" means a person who is                                                   
29 cohabitating with the legislator in a conjugal relationship that is not a legal marriage.                               
30    * Sec. 4.  AS 24.45.171(12) is amended to read:                                                                      
31   (12)  "public official" or "public officer" means a                                                                  
01   (A)  public official as defined in AS 39.50.200(a) but does not                                                  
02 include a judicial officer or an elected or appointed municipal officer;                                                
03   (B)  [,] a member of the legislature; [,] or                                                                     
04   (C)  a legislative director or another legislative employee who                                                  
05 is subject to disclosure as defined in AS 24.60.990(a) [; HOWEVER, IT                                                  
06 DOES NOT INCLUDE A JUDICIAL OFFICER OR AN ELECTED OR                                                                    
07 APPOINTED MUNICIPAL OFFICER].                                                                                           
08    * Sec. 5.  AS 24.60.030(a) is amended to read:                                                                       
09  (a)  A legislator or legislative employee may not                                                                     
10   (1)  solicit, agree to accept, or accept a benefit other than official                                               
11 compensation for the performance of public duties; this paragraph may not be                                            
12 construed to prohibit lawful solicitation for and acceptance of campaign contributions                                  
13 or the acceptance of a lawful gratuity under AS 24.60.080;                                                              
14   (2)  use public funds, facilities, equipment, services, or another                                                   
15 government asset or resource for a nongovernmental purpose or for the private benefit                                   
16 of either the legislator, legislative employee, or another person; this paragraph does not                              
17 prohibit                                                                                                                
18   (A)  [LIMITED] use of state property and resources for personal                                                     
19 purposes if the use does not interfere with the performance of public duties and                                       
20 either the cost or value related to the use is nominal or the legislator or                                           
21 legislative employee reimburses the state for the cost; a legislative                                                   
22 employee shall comply with the policy on use of state property adopted by                                               
23 the employee's supervisor; this subparagraph does not apply to telephone                                                
24 or facsimile use;                                                                                                      
25   (B)  the use of mailing lists, computer data, or other information                                                  
26 lawfully obtained from a government agency and available to the general public                                          
27 for nongovernmental purposes; or                                                                                        
28   (C)  telephone or facsimile use; however, a legislator or                                                        
29 legislative employee who incurs a special charge for use of the telephone                                               
30 or facsimile machine shall reimburse the state for the cost [THAT DOES                                                 
31 NOT CARRY A SPECIAL CHARGE];                                                                                            
01   (3)  knowingly seek, accept, use, allocate, grant, or award public funds                                             
02 for a purpose other than that approved by law, or make a false statement in connection                                  
03 with a claim, request, or application for compensation, reimbursement, or travel                                        
04 allowances from public funds;                                                                                           
05   (4)  require a legislative employee to perform services for the private                                              
06 benefit of the legislator or employee at any time, or allow a legislative employee to                                   
07 perform services for the private benefit of a legislator or employee on government                                      
08 time; it is not a violation of this paragraph if the services were performed in an                                      
09 unusual or infrequent situation and the person's services were reasonably necessary to                                  
10 permit the legislator or legislative employee to perform official duties;                                               
11   (5)  use or authorize the use of state funds, facilities, equipment,                                                 
12 services, or another government asset or resource for the purpose of political fund                                     
13 raising or campaigning; this paragraph does not prohibit                                                                
14   (A)  [LIMITED] use of state property and resources for personal                                                     
15 purposes if the use does not interfere with the performance of public duties and                                       
16 either the cost or value related to the use is nominal or the legislator or                                           
17 legislative employee reimburses the state for the cost; a legislative                                                   
18 employee shall comply with the policy on use of state property adopted by                                               
19 the employee's supervisor; this subparagraph does not apply to telephone                                                
20 or facsimile use;                                                                                                      
21   (B)  the use of mailing lists, computer data, or other information                                                  
22 lawfully obtained from a government agency and available to the general public                                          
23 for nongovernmental purposes; [OR]                                                                                      
24   (C)  telephone or facsimile use; however, a legislator or                                                        
25 legislative employee who  incurs a special charge for use of the telephone                                              
26 or facsimile machine shall reimburse the state for the cost; or                                                       
27   (D)  maintaining campaign records, including records                                                                
28 required by or relating to the Alaska Public Offices Commission, in a                                                   
29 legislator's office; however, an employee may not work on campaign                                                      
30 records on government time [THAT DOES NOT CARRY A SPECIAL                                                              
31 CHARGE].                                                                                                                
01    * Sec. 6.  AS 24.60.030(c) is repealed and reenacted to read:                                                        
02  (c)  Unless approved by the committee, during a campaign period for an                                                
03 election in which the legislator or legislative employee is a candidate, a legislator or                                
04 legislative employee may not use or permit another to use state funds, other than funds                                 
05 to which the legislator is entitled as an office allowance,  to print or distribute a                                   
06 political mass mailing to individuals eligible to vote for the candidate.  In this                                      
07 subsection,                                                                                                             
08   (1)  a "campaign period" is the period that                                                                          
09   (A)  begins 90 days before an election to the board of an electric                                                  
10 or telephone cooperative organized under AS 10.25, a municipal election or a                                            
11 primary election  or that begins on the date of the governor's proclamation                                             
12 calling a special election; and                                                                                         
13   (B)  ends the day after the cooperative election, municipal                                                         
14 election, or the general or special election;                                                                           
15   (2) a mass mailing is considered to be political if it is from or about a                                            
16   (A)  legislator who is a candidate for reelection to the legislature                                                
17 or election to another federal, state, or municipal office or to the board of a                                         
18 telephone or electric cooperative;                                                                                      
19   (B)  legislative employee who is a candidate for election to the                                                    
20 legislature or another federal, state, or municipal elective office or to the board                                     
21 of a telephone or electric cooperative;                                                                                 
22   (C)  person other than a legislator or a legislative employee who                                                   
23 is a candidate for election to a federal, state, or municipal office or to the board                                    
24 of a telephone or electric cooperative.                                                                                 
25    * Sec. 7.  AS 24.60.030(d) is amended to read:                                                                       
26     (d)  A legislator, a legislative employee, or another person on behalf of the                                    
27 legislator or legislative employee, or a campaign committee of the legislator or                                     
28 legislative employee, may not distribute or post campaign literature, placards, posters,                              
29 fund-raising notices, or other communications intended to influence the election of                                    
30 a candidate in an election in public areas in a facility ordinarily used to conduct state                               
31 government business.  For purposes of this subsection, the office of a legislator is                                   
01 not considered to be a public area.                                                                                    
02    * Sec. 8.  AS 24.60.030(f) is amended to read:                                                                       
03     (f)  A legislative employee may not serve in a position that requires                                              
04 confirmation by the legislature. A legislator or legislative employee may serve on a                                    
05 board of an organization, including a governmental entity, that regularly has a                                         
06 substantial interest in the legislative activities of the legislator or employee, if the                                
07 legislator or employee discloses the board membership to the committee.  A legislator                                  
08 or legislative employee who is required to make a disclosure under this subsection                                      
09 shall file an annual written report with the committee by February 15 of each                                           
10 year stating the name of each organization on whose board the person serves.  If                                        
11 the legislator or legislative employee becomes a member of a board after filing the                                     
12 annual disclosure statement, or after February 15 if no annual disclosure                                               
13 statement is filed, the legislator or legislative employee shall file a supplemental                                    
14 disclosure within 60 days after appointment or election to the board.  The                                              
15 committee shall maintain a public record of the disclosure and forward the                                              
16 disclosure to the appropriate house for inclusion in the journal.  This subsection                                      
17 does not require a legislator or legislative employee who is appointed to a board                                       
18 by the presiding officer to make a disclosure of the appointment to the committee                                       
19 if the appointment has been published in the appropriate legislative journal                                            
20 during the calendar year.                                                                                              
21    * Sec. 9.  AS 24.60.030(g) is repealed and reenacted to read:                                                        
22  (g)  A legislator or legislative employee who has a substantial financial interest                                    
23 that may be affected by legislative, administrative, or political action may not take the                               
24 legislative, administrative, or political action unless the legislator or legislative                                   
25 employee first discloses the financial interest as required by this subsection.  Before                                 
26 acting on a matter subject to this subsection in a legislative committee or a house of                                  
27 the legislature, a legislator or legislative employee shall orally disclose the financial                               
28 interest to the committee or the legislative house, as appropriate.  The disclosure shall                               
29 be reported in the journal or in the committee minutes, as appropriate.  If the action                                  
30 is not taken in a legislative committee or a house of the legislature, the legislator or                                
31 legislative employee shall disclose the financial interest to the ethics committee in                                   
01 writing, to be received by the ethics committee within seven days after the legislator                                  
02 or legislative employee took the action.  This written disclosure is a public document.                                 
03 The ethics committee shall promptly forward the disclosure to the clerk of the house                                    
04 or the senate secretary for publication in the journal.  A disclosure under this                                        
05 subsection, whether written or oral, must include the nature of the financial interest and                              
06 a short description of how the action taken affects the interest.  In this subsection, a                                
07 financial interest includes                                                                                             
08   (1)  an equity or ownership interest in a business, investment, real                                                 
09 property, lease, or other enterprise if the effect of the action on that interest is greater                            
10 than the effect on a substantial class of persons to which the legislator or legislative                                
11 employee belongs as a member of a profession, occupation, industry, or region;                                          
12   (2) an interest based on employment of the legislator or legislative                                                 
13 employee or the spouse or dependent child of the legislator or legislative employee;                                    
14   (3) an interest based on a contract in which the legislator or legislative                                           
15 employee or the spouse or dependent child of the legislator or legislative employee is                                  
16 entitled to receive a benefit from a business or other entity, including a personal                                     
17 services contract;                                                                                                      
18   (4)  an interest created by membership on the board of directors of a                                                
19 corporation regardless of whether the effect of the action on that interest is greater than                             
20 the effect on a substantial class of persons to which the legislator or legislative                                     
21 employee belongs as a member of a profession, occupation, industry, or region.                                          
22    * Sec. 10.  AS 24.60.030 is amended by adding a new subsection to read:                                              
23  (h)  In this section, when determining whether an employee is considered to be                                        
24 performing a task on government time, the committee shall consider the employee's work                                  
25 schedule as set by the employee's immediate supervisor.  An employee who engages in                                     
26 political campaign activities other than incidental campaign activities as described in this                            
27 subsection during the employee's work day shall take leave for the period of                                            
28 campaigning.  Political campaign activities while on government time are permissible if                                 
29 the activities are part of the normal legislative duties of the employee, including                                     
30 answering telephone calls and handling of incoming correspondence.                                                      
31    * Sec. 11.  AS 24.60.031(a) is amended to read:                                                                      
01     (a)  A legislator or legislative employee may not                                                                  
02      (1)  on a day when either house of [WHILE] the legislature is in regular                                        
03 or special session, solicit or accept a contribution or a promise or pledge to make a                                   
04 contribution for a state legislative campaign;                                                                          
05     (2)  accept money from an event held on a day when either house of the                                            
06 legislature is in regular or special [DURING A LEGISLATIVE] session if a substantial                                   
07 purpose of the event is [EITHER] to raise money on behalf of the member or legislative                                  
08 employee for [CAMPAIGN PURPOSES OR TO RAISE MONEY FOR] state legislative                                                
09 political purposes; or                                                                                                  
10     (3)  expend money in a state legislative campaign that was raised by or                                            
11 on behalf of a legislator on a day when either house of the legislature was in                                        
12 [DURING] a legislative session under a declaration of candidacy or a general letter of                                
13 intent to become a candidate for public office.                                                                         
14    * Sec. 12.  AS 24.60.039 is amended by adding a new subsection to read:                                              
15  (b)   If a person files a complaint with the committee under AS 24.60.170                                             
16 alleging a violation of this section, the committee may refer the complainant to the State                              
17 Commission on Human Rights and may defer its consideration of the complaint until                                       
18 after the complainant establishes to the satisfaction of the committee that the commission                              
19 has completed its proceedings in the matter.                                                                            
20    * Sec. 13.  AS 24.60.040(a) is amended to read:                                                                      
21     (a)  A legislator or legislative employee, or a member of the immediate family                                     
22 of a legislator or legislative employee may not be a party to or have an interest in a state                            
23 contract or lease unless the contract or lease is let [THROUGH COMPETITIVE                                              
24 SEALED BIDDING] under AS 36.30 (State Procurement Code) or, for agencies that                                          
25 are not subject to AS 36.30, under similar procedures or the total annual amount of                                    
26 the state contract or lease is $5,000 [$1,000] or less, or is a standardized contract or lease                        
27 that was developed under publicly established guidelines and is generally available to the                              
28 public at large or to [,] members of a profession, occupation, or group. A person has an                              
29 interest in a state contract or lease under this section if the person receives direct or                               
30 indirect financial benefits.  A legislator or legislative employee who participates in,                                
31 or who knows or reasonably ought to know that a family member is participating                                          
01 in, a state contract or lease that has an annual value of $5,000 or more shall disclose                                 
02 the participation to the committee by February 15 of each year.  The disclosure                                         
03 must state the amount of the contract or lease and the name of the state agency                                         
04 issuing the contract or lease, and must identify the procedures under which the                                         
05 contract or lease was issued.  If the disclosure concerns a contract or lease in which                                  
06 a family member of the discloser is participating, the disclosure must identify the                                     
07 relationship between the participant and the discloser.                                                                
08    * Sec. 14.  AS 24.60.040 is amended by adding a new subsection to read:                                              
09  (c)  This section does not apply to a contract or lease issued under a state                                          
10 program or loan that is subject to AS 24.60.050.  A grant that results in a contract but                                
11 that is not subject to AS 24.60.050 is subject to this section.                                                         
12    * Sec. 15.  AS 24.60.050(c) is amended to read:                                                                      
13     (c)  A legislator or legislative employee who participates in a program or receives                                
14 a loan that is not exempt from disclosure under (a) of this section shall file a written                                
15 report with the committee by February 15 of each year stating the amounts of the loans                                  
16 outstanding or benefits received during the preceding calendar year from nonqualifying                                  
17 programs. If the committee requests additional information necessary to determine the                                   
18 propriety of participating in the program or receiving the loan, it shall be promptly                                   
19 provided. The committee shall promptly compile a list of the statements indicating the                                  
20 loans and programs and amounts and send it to the presiding officer of each house who                                   
21 shall have it published in the supplemental journals within three weeks after [OF] the                                
22 filing date.  A legislator or legislative employee who believes that disclosure of                                     
23 participation in a program would  be an invasion of the participant's right to                                          
24 privacy under the state constitution may request the committee to keep the                                              
25 disclosure confidential.  If the committee finds that publication would constitute an                                   
26 invasion of privacy, the committee shall publish only the fact that a person has                                        
27 participated in the program and the amount of benefit that the unnamed person                                           
28 received.  The committee shall maintain the disclosure of the name of the person                                        
29 as confidential and may only use the disclosure in a proceeding under AS 24.60.170.                                     
30 If the disclosure becomes part of the record of a proceeding under AS 24.60.170,                                        
31 the disclosure may be made public as provided in that section.                                                         
01    * Sec. 16.  AS 24.60.060 is amended by adding a new subsection to read:                                              
02  (b)  A legislator or legislative employee who is the subject of a complaint under                                     
03 AS 24.60.170 violates this section if the legislator or legislative employee violates a                                 
04 protective order issued under AS 24.60.170(i).                                                                          
05    * Sec. 17.  AS 24.60.070(b) is amended to read:                                                                      
06     (b)  A legislator or legislative employee required to make a disclosure under                                     
07 this section shall make an annual disclosure no later than February 15 of each year                                     
08 of the legislator's or legislative employee's close economic associations then in                                       
09 existence.  If the legislator or legislative employee forms a close economic association                                
10 after that date, the disclosure must be made within 60 days after forming the                                           
11 association.  A disclosure under this section must be sufficiently detailed that a reader                              
12 of the disclosure can ascertain the nature of the association.                                                          
13    * Sec. 18.  AS 24.60.070 is amended by adding a new subsection to read:                                              
14  (d)  When making a disclosure under (a) of this section concerning a relationship                                     
15 with a lobbyist to whom the legislator or legislative employee is married or who is the                                 
16 legislator's or legislative employee's spousal equivalent, the legislator or legislative                                
17 employee shall also disclose the name and address of each employer of the lobbyist and                                  
18 the total monetary value received from the lobbyist's employer.  The legislator or                                      
19 legislative employee shall report changes in the employer of the spouse or spousal                                      
20 equivalent within 48 hours after the change.  In this subsection,                                                       
21   (1)  "employer of the lobbyist" means the person from whom the lobbyist                                              
22 received amounts or  things of value for engaging in lobbying on behalf of the person;                                  
23   (2)  "spousal equivalent" means a person with whom the legislator or                                                 
24 legislative employee is living in a conjugal relationship not a legal marriage.                                         
25    * Sec. 19.  AS 24.60.080(a) is amended to read:                                                                      
26  (a)  Except as provided in this section, a [A] legislator or legislative employee                                   
27 may not solicit, accept, or receive, directly or indirectly, a gift worth $250 [$100] or                              
28 more, whether in the form of money, services, a loan, travel, entertainment, hospitality,                               
29 promise, or other form, or gifts from the same person worth less than $250 [$100] that                                
30 in a calendar year aggregate to $250 [$100] or more in value.  Except for food or                                    
31 beverage for immediate consumption, a legislator or legislative employee [, AND]                                       
01 may not solicit, accept, or receive during a legislative session a gift with any monetary                               
02 value from a lobbyist or a person acting on behalf of a lobbyist.                                                       
03    * Sec. 20.  AS 24.60.080(c) is amended to read:                                                                      
04  (c)  Notwithstanding (a) of this section, it is not a violation of this section for a                                 
05 legislator or legislative employee to accept                                                                            
06     (1)  hospitality, other than hospitality described in (4) of this subsection                                       
07    (A)  with incidental transportation at the residence of a person;                                                 
08 however, a vacation home located outside the state is not considered a                                                  
09 residence for the purposes of this subparagraph; or                                                                    
10    (B) at a social event or meal;                                                                                     
11     (2)  discounts that are available                                                                                  
12   (A)  generally to the public or to a large class of persons to which                                              
13 the person belongs; or                                                                                                 
14   (B)  when on state business;                                                                                       
15     (3)  food or foodstuffs indigenous to the state that are shared generally                                          
16 as a cultural or social norm;                                                                                           
17     (4)  travel and hospitality primarily for the purpose of obtaining                                                 
18 information on matters of legislative concern;                                                                          
19     (5)  gifts from the immediate family of the person; or                                                             
20     (6)  gifts that are not connected with the recipient's legislative status.                                         
21    * Sec. 21.  AS 24.60.080(d) is amended to read:                                                                      
22     (d)  A legislator or legislative employee who accepts a gift under (c)(4) [OR (6)]                                 
23 of this section shall disclose the gift if it has a value of $250 [$100] or more; the [.                            
24 THE] disclosure must include the name and occupation of the person making the gift and                                  
25 the approximate value of the gift.  A gift under (c)(4) of this section required to be                                  
26 disclosed under this subsection shall be disclosed to the committee within 30 days after                            
27 [OF] the receipt of the gift.  Except as provided in (i) of this section, a gift [TO THE                              
28 COMMITTEE. GIFTS] under (c)(6) of this section that has a value of $250 or more                                       
29 shall be disclosed to the committee annually on or before February 15 [APRIL 15] of                                   
30 the following calendar year;  the [AND THE] disclosure needs to include only a                                       
31 description of the gift and the identity of the donor [THE VALUE ONLY IF THE                                           
01 VALUE OF THE GIFT EXCEEDS $250].  The committee shall maintain a public record                                          
02 of the disclosure it receives relating to gifts under (c)(4) of this section and shall forward                          
03 the disclosure to the appropriate house for inclusion in the journal. Disclosures relating                              
04 to gifts under (c)(6) of this section shall be maintained, but are confidential and may only                            
05 be used by the committee and its employees and contractors in the investigation of a                                    
06 possible violation of this section or in a proceeding under AS 24.60.170.  If the                                       
07 disclosures become part of the record of a proceeding under AS 24.60.170, the                                           
08 confidentiality provisions of that section apply to the disclosures.  The committee shall                              
09 forward disclosures it receives from legislators concerning gifts under (c)(4) of this                                  
10 section to the Alaska Public Offices Commission.                                                                       
11    * Sec. 22.  AS 24.60.080(f) is amended to read:                                                                      
12     (f)  Notwithstanding (a) of this section, a legislator or legislative employee may                                 
13 accept a gift of property worth $250 [$100] or more, other than money, from a foreign                                 
14 government or from the government of the United States or another state or from                                       
15 an official of a foreign government or of the government of the United States or                                       
16 another state if the person accepts the gift on behalf of the legislature. The person shall,                           
17 within 60 days after [OF] receiving the gift, deliver the gift to the legislative council,                            
18 which shall determine the appropriate disposition of the gift.                                                          
19    * Sec. 23.  AS 24.60.080(g) is amended to read:                                                                      
20  (g)  In this section, "immediate family" or "family member" means                                                    
21   (1)  the spouse of the person;                                                                                       
22   (2)  another person cohabiting with the person in a conjugal                                                         
23 relationship that is not a legal marriage;                                                                              
24   (3)  a child, including a stepchild and an adoptive child, of the person;                                            
25   (4)  a parent, sibling, grandparent, aunt, or uncle of the person; and                                              
26   (5)  a parent, sibling, grandparent, aunt, or uncle of the person's                                                 
27 spouse [HAS THE MEANING GIVEN IN AS 24.60.990(a)(5) AND INCLUDES THE                                                   
28 GRANDPARENTS, AUNTS, AND UNCLES OF A PERSON, AND ALSO INCLUDES                                                          
29 A PERSON DESCRIBED IN THIS SUBSECTION OR AS 24.60.990(a)(5) WHO IS                                                      
30 RELATED TO THE PERSON BY MARRIAGE].                                                                                     
31    * Sec. 24.   AS 24.60.080 is amended by adding new subsections to read:                                              
01     (h)  Notwithstanding (a) of this section, a legislator or legislative employee may                                 
02 solicit, accept, or receive a gift on behalf of a recognized, nonpolitical charitable                                   
03 organization in accordance with guidelines adopted by the committee.                                                    
04  (i)  A legislator or legislative employee who receives an inheritance from a                                          
05 person other than a family member shall disclose the fact of the receipt of an                                          
06 inheritance and the identity of the person from whom it was received to the committee                                   
07 within 60 days after receiving notice of the inheritance.  The committee shall maintain                                 
08 a public record of the disclosure.  This subsection does not require disclosure of the                                  
09 value of the inheritance.                                                                                               
10  (j)  A legislator, a legislative committee other than the Select Committee on                                         
11 Legislative Ethics, or a legislative agency may accept (1) a gift of volunteer services                                 
12 for legislative purposes so long as the person making the gift of services is not                                       
13 receiving compensation from another source for the services or (2) a gift of the                                        
14 services of a trainee who is participating in an educational program approved by the                                    
15 committee if the services are used for legislative purposes.  The committee shall                                       
16 approve training under a program of the University of Alaska and training under 29                                      
17 U.S.C. 1501 - 1792b (Job Training Partnership Act).  A legislative volunteer or                                         
18 educational trainee shall be considered to be a legislative employee for purposes of                                    
19 compliance with AS 24.60.030 - 24.60.039, 24.60.060, 24.60.080, 24.60.085, 24.60.158                                    
20 - 24.60.170, 24.60.176, and 24.60.178.  If a person believes that a legislative volunteer                               
21 or educational trainee has violated the provisions of one of those sections, the person                                 
22 may file a complaint under AS 24.60.170.  The provisions of AS 24.60.170 apply to                                       
23 the proceeding.  This subsection does not permit a legislator or legislative employee                                   
24 to accept a gift of services for nonlegislative purposes.                                                               
25  (k)  A legislator or legislative employee who knows or reasonably ought to                                            
26 know that a family member has received a gift because of the family member's                                            
27 connection with the legislature through the legislator or legislative employee shall                                    
28 report the receipt of the gift by the family member to the committee if the gift would                                  
29 have to be reported under this section if it had been received by the legislator or                                     
30 legislative employee or if receipt of the gift by a legislator or legislative employee                                  
31 would be prohibited under this section.                                                                                 
01  (l)  In this section, the value of a gift shall be determined by the fair market                                      
02 value of the gift to the extent that the fair market value can be determined.                                           
03    * Sec. 25.  AS 24.60.085(a) is amended to read:                                                                      
04     (a)  A legislator or legislative employee may not                                                                  
05     (1)  seek or accept compensation for personal services that is                                                    
06 significantly greater than the value of [INVOLVES PAYMENTS THAT ARE NOT                                                
07 COMMENSURATE WITH] the services rendered taking into account the higher rates                                           
08 generally charged by specialists in a profession; or                                                                    
09     (2)  accept a payment of anything of value, except for actual and                                                  
10 necessarily incurred travel expenses, for an appearance or speech by the legislator or                                  
11 legislative employee; this paragraph does not apply to the salary paid to a legislator                                  
12 or legislative employee for making an appearance or speech as part of the legislator's                                  
13 or legislative employee's normal course of employment.                                                                  
14    * Sec. 26.  AS 24.60.100 is amended to read:                                                                         
15  Sec. 24.60.100.  REPRESENTATION.  A legislator or legislative employee                                                
16 who represents another person for compensation before an agency, board, or                                              
17 commission of the state shall disclose the name of the person represented, the subject                                  
18 matter of the representation, and the body before which the representation is to take                                   
19 place to the committee.  The disclosure shall be made within 60 days after                                             
20 beginning the representation.  In addition, a legislator or legislative employee                                        
21 shall, no later than February 15, make an annual disclosure of all of the clients                                       
22 represented during the previous calendar year. The committee shall maintain a                                          
23 public record of a [THE] disclosure under this section and forward the disclosure to                                
24 the respective house for inclusion in the journal. A legislator or legislative employee                                 
25 may not represent another person for compensation before an agency, committee, or                                       
26 other entity of the legislative branch.                                                                                 
27    * Sec. 27.  AS 24.60 is amended by adding a new section to article 2 to read:                                        
28  Sec. 24.60.111.  LEGAL DEFENSE AND ELECTION CHALLENGE FUNDS.                                                          
29 (a)  A legislator or legislative employee may establish a fund to assist with the                                       
30 payment of attorney fees and other costs arising from the legislator's or employee's                                    
31 defense of a civil, criminal, or administrative action brought against the legislator or                                
01 employee, or from the prosecution or defense of an administrative or judicial action                                    
02 concerning a contested election in which the legislator or employee is a candidate.                                     
03 Contributions to a fund under this section are not subject to the restrictions of                                       
04 AS 24.60.080.                                                                                                           
05  (b)  The Alaska Public Offices Commission shall adopt regulations relating to                                         
06 the methods of establishing a fund under this section, the accounting requirements for                                  
07 a fund, the uses for which money from the fund may be expended, and the disposition                                     
08 of surplus money in the fund.  A person who violates these regulations is guilty of a                                   
09 class B misdemeanor and is subject to civil sanctions as recommended by the                                             
10 committee under AS 24.60.178.                                                                                           
11    * Sec. 28.   AS 24.60.111 is repealed and reenacted to read:                                                         
12  Sec. 24.60.111.  LEGAL DEFENSE AND ELECTION CHALLENGE FUNDS.                                                          
13 (a)  A legislator or legislative employee may establish a fund to assist with the                                       
14 payment of attorney fees and other costs arising from the legislator's or employee's                                    
15 defense of a civil, criminal, or administrative action brought against the legislator or                                
16 employee, or from the prosecution or defense of an administrative or judicial action                                    
17 concerning a contested election in which the legislator or legislative employee was a                                   
18 candidate.                                                                                                              
19  (b)  Notwithstanding the deadlines imposed by AS 15.13.070(d), contributions                                          
20 to the fund may be solicited, offered, and accepted at any time permitted under this                                    
21 chapter.  Notwithstanding AS 15.13.070(e), a legislator or legislative employee may                                     
22 solicit and accept contributions to a fund established under this section at any time                                   
23 whether or not the legislature is in session.  Notwithstanding AS 15.13.072, a legislator                               
24 or legislative employee may use the fund for the purposes set out in (a) of this section.                               
25 Notwithstanding AS 15.13.073, a legislator or legislative employee may distribute                                       
26 money in the candidate's campaign fund or other assets of the campaign remaining                                        
27 after the date of an election to a fund established under this section.                                                 
28  (c)  Contributions to a fund under this section are not subject to the restrictions                                   
29 of AS 24.60.031 or 24.60.080.                                                                                           
30  (d)  The Alaska Public Offices Commission shall adopt regulations relating to                                         
31 the methods of establishing a fund under this section, the accounting requirements for                                  
01 a fund, the uses for which money from the fund may be expended, and the disposition                                     
02 of surplus money in the fund.  A person who violates these regulations is guilty of a                                   
03 class B misdemeanor and is subject to civil sanctions as recommended by the                                             
04 committee under AS 24.60.178.                                                                                           
05    * Sec. 29.  AS 24.60.130(f) is amended to read:                                                                      
06     (f)  The committee may contract for professional services and may employ staff                                     
07 as it considers necessary. A committee employee, including a person who provides                                        
08 personal services under a contract with the committee, may not be a legislator, an                                      
09 elected or appointed official of a state or local governmental entity, an officer of a                                  
10 political party, a candidate for public office, or a registered lobbyist. The legislative                               
11 council shall provide office space, equipment, and additional staff support for the                                     
12 committee. The committee shall submit a budget for each fiscal year to the finance                                      
13 committees of the legislature and shall annually submit an estimated budget to the                                      
14 governor for information purposes in preparation of the state operating budget.  Public                                
15 members of the committee serve without compensation for their services, but are                                         
16 entitled to travel and per diem expenses authorized for members of state boards                                         
17 and commissions under AS 39.20.180.                                                                                    
18    * Sec. 30.  AS 24.60.130(h) is amended to read:                                                                      
19     (h)  A member is disqualified from participating as a member in any                                                
20 proceeding before the committee involving a complaint against the member or an                                         
21 employee whose work is supervised by the member or an advisory opinion                                                 
22 requested by the member.  If a regular legislative member is disqualified under this                                   
23 subsection, an alternate shall be appointed under (o) of this section.  [IF THE                                        
24 LEGISLATURE IS IN SESSION WHEN A LEGISLATIVE MEMBER IS                                                                  
25 DISQUALIFIED UNDER THIS SUBSECTION, THE PRESIDING OFFICER OF                                                            
26 THAT MEMBER'S HOUSE SHALL, WITH THE CONCURRENCE BY ROLL                                                                 
27 CALL VOTE OF TWO-THIRDS OF THE FULL MEMBERSHIP OF THAT HOUSE,                                                           
28 APPOINT ANOTHER MEMBER FROM THAT HOUSE TO ACT AS A MEMBER                                                               
29 OF THE COMMITTEE IN THE PROCEEDING.  IF THE LEGISLATURE IS NOT                                                          
30 IN SESSION WHEN A LEGISLATIVE MEMBER IS DISQUALIFIED, THE                                                               
31 PRESIDING OFFICER OF THE HOUSE OF WHICH THE DISQUALIFIED                                                                
01 LEGISLATOR IS A MEMBER SHALL APPOINT ANOTHER MEMBER FROM                                                                
02 THAT HOUSE, WITH A RECORDED CONCURRENCE OF A MAJORITY VOTE                                                              
03 OF THE SUBCOMMITTEE OF THAT HOUSE, TO ACT AS A MEMBER OF THE                                                            
04 COMMITTEE IN THE PROCEEDING.]                                                                                           
05    * Sec. 31.  AS 24.60.130 is amended by adding a new subsection to read:                                              
06  (o)  When appointing members of the legislature to serve on the committee, the                                        
07 speaker of the house or the president of the senate, as appropriate, shall appoint an                                   
08 alternate member for each regular member.  An alternate must have the same                                              
09 qualifications as the regular member for whom the alternate stands as alternate and is                                  
10 subject to confirmation as required for the regular member.  If a regular legislative                                   
11 member of the committee or a subcommittee is disqualified under (h) of this section                                     
12 from serving on the committee or the subcommittee during a proceeding under                                             
13 AS 24.60.170, the chair of the committee or a subcommittee shall appoint the regular                                    
14 member's alternate to serve in place of the regular member in the proceeding unless                                     
15 the alternate is also disqualified from serving.  The appointment shall be treated as                                   
16 confidential  to the same extent that the identity of the subject of a complaint is                                     
17 required to be kept confidential.                                                                                       
18    * Sec. 32.  AS 24.60.134(a) is amended to read:                                                                      
19     (a)  Except as provided in (d) of this section, in [IN] addition to the                                          
20 requirements of this chapter, a public member of the committee, an employee of the                                      
21 committee, or a person under contract to provide personal services to the committee                                     
22 may not, during the person's term of office or employment or during the life of                                        
23 the contract, participate in                                                                                           
24     (1)  [PARTICIPATE IN] political management or in a political                                                       
25 campaign for a candidate for election to federal, state, or local office, regardless                                   
26 of whether the campaign is partisan or nonpartisan, or for a ballot measure of                                          
27 any type [DURING THE PERSON'S TERM OF OFFICE, EMPLOYMENT, OR                                                           
28 CONTRACT];                                                                                                              
29     (2)  [PARTICIPATE IN] the campaign of, attend campaign fund-raising                                                
30 events for, or make a financial contribution to                                                                         
31    (A)  a candidate for the legislature;                                                                              
01    (B)  an incumbent legislator or legislative employee who is a                                                      
02 candidate for another public office; or                                                                                 
03    (C)  a person running for another office against an incumbent                                                      
04 legislator or legislative employee; or                                                                                 
05   (3)  [PARTICIPATE IN] lobbying activities that would require the                                                     
06 person to register as a lobbyist except as required to inform the legislature concerning                                
07 legislation requested by the committee or other matters related to the committee.                                       
08    * Sec. 33.  AS 24.60.134 is amended by adding new subsections to read:                                               
09  (c)  In addition to the prohibitions under (a) of this section and except as                                          
10 provided in (d) of this section, a public member of the committee, an employee of the                                   
11 committee, or a person under contract to provide personal services to the committee                                     
12 may not, during the duration of the person's term of office or employment, or during                                    
13 the life of the contract, participate in or attend a fund-raising event held on behalf of                               
14 a political party.                                                                                                      
15  (d)  A person under contract to provide personal services to the committee who                                        
16 is part of a corporation or partnership that includes individuals who will not be                                       
17 participating directly in the work performed by the entity for the committee may                                        
18 request the committee to exclude members of the entity from some or all of the                                          
19 provisions of this section.  The committee may grant the request if it finds that doing                                 
20 so will not lead to the appearance that the committee is subject to undue political                                     
21 influence and if there is no appearance of impropriety.                                                                 
22    * Sec. 34.  AS 24.60.150(b) is amended to read:                                                                      
23     (b)  The committee may                                                                                             
24     (1)  recommend legislation to the legislature the committee considers                                              
25 desirable or necessary to promote and maintain high standards of ethical conduct in                                     
26 government;                                                                                                             
27     (2)  subpoena witnesses, administer oaths, and take testimony relating                                             
28 to matters before the committee, and may require the production for examination of                                      
29 any books or papers relating to any matter under investigation before the committee;                                   
30   (3)  adopt guidelines to implement this chapter; in adopting                                                         
31 guidelines, the committee shall provide notice of its intended action and an                                            
01 opportunity for public comment; a person who reasonably relies on a guideline                                           
02 adopted by the committee may not be penalized for having violated a conflicting                                         
03 provision of this chapter.                                                                                             
04    * Sec. 35.  AS 24.60.160 is amended to read:                                                                         
05  Sec. 24.60.160.  ADVISORY OPINIONS.  (a)  The committee shall issue an                                              
06 advisory opinion within 60 [30] days on the request of a person to whom the chapter                                   
07 applies or a person elected to the legislature who at the time of election is not a                                     
08 member of the legislature as to whether the facts and circumstances of a particular case                                
09 constitute a violation of ethical standards.  If it finds that it is advisable to do so, the                           
10 committee may issue an opinion under this section on the request of a person who                                        
11 reasonably expects to become subject to this chapter within the next 45 days. The                                     
12 60-day [30-DAY] period for issuing an opinion may be extended by the committee if                                      
13 the person requesting the opinion consents.                                                                             
14  (b)  An [THE] opinion issued under this section is binding on the committee                                       
15 in any subsequent proceedings concerning the facts and circumstances of the particular                                  
16 case unless material facts were omitted or misstated in the request for the advisory                                    
17 opinion. Except as provided in this chapter, an advisory opinion is confidential but                                  
18 shall be made public if a written request by the person who requested the opinion is                                    
19 filed with the committee.  A person who requested an opinion, including a                                              
20 legislator, may not require admittance to an executive session of the committee                                         
21 when it is deliberating concerning the advisory opinion request.                                                       
22    * Sec. 36.  AS 24.60.170(a) is amended to read:                                                                      
23     (a)  The committee shall consider a complaint alleging a violation of this                                         
24 chapter if the alleged violation occurred within five years before [OF] the date that the                             
25 complaint is filed with the committee and, when the subject of the complaint is a                                       
26 former member of the legislature, the complaint is filed within one year after [OF] the                               
27 subject's departure from the legislature.  The committee may not consider a complaint                                   
28 filed against all members of the legislature, against all members of one house of                                      
29 the legislature, or against a person employed by the legislative branch of government                                  
30 after the person has terminated legislative service.  However, the committee may                                       
31 reinstitute proceedings concerning a complaint that was closed because a former                                         
01 employee terminated legislative service or because a legislator left the legislature                                    
02 if the former employee or legislator resumes legislative service, whether as an                                         
03 employee or legislator, within five years after the alleged violation.  The committee                                  
04 may also initiate complaints on its own motion, subject to the same time limitations.                                   
05 The time limitations of this subsection do not bar proceedings against a person who                                     
06 intentionally prevents discovery of a violation of this chapter.                                                        
07    * Sec. 37.  AS 24.60.170(b) is amended to read:                                                                      
08  (b)  A complaint may be initiated by any person.  The complaint must be in                                            
09 writing and signed under oath by the person making the complaint.  The committee                                        
10 shall upon request provide a form for a complaint to a person wishing to file a                                         
11 complaint.  The committee shall immediately provide a copy of the complaint to the                                      
12 person who is the subject of the complaint. The committee shall advise the                                             
13 complainant of the provisions concerning release of confidential information set                                        
14 out in (i) of this section.                                                                                            
15    * Sec. 38.  AS 24.60.170(c) is amended to read:                                                                      
16     (c)  When the committee receives a complaint under (a) of this section, it may                                    
17 assign the complaint to a staff person.  The staff person shall conduct a                                               
18 preliminary examination of the complaint and recommend to the committee                                                 
19 whether the allegations of the complaint, if true, constitute a violation of this                                       
20 chapter and whether there is credible information to indicate that a further                                            
21 investigation and proceeding is warranted.  The recommendation shall be based                                           
22 on the information and evidence contained in the complaint as supplemented by                                           
23 the complainant and the subject of the complaint, if requested to do so by the                                          
24 staff member.  The committee shall consider the recommendation of the staff                                             
25 member and shall determine whether the allegations of the complaint, if true,                                          
26 constitute a violation of this chapter. If the committee determines that the allegations,                               
27 if proven, would not give rise to a violation, that the complaint is frivolous on its                                  
28 face, that there is insufficient credible information that can be uncovered to                                          
29 warrant further investigation by the committee, or that [IF] the committee's lack                                    
30 of jurisdiction is apparent on the face of the complaint, the committee shall dismiss the                               
31 complaint [,] and shall notify the complainant and the subject of the complaint of the                                  
01 dismissal.  The committee may ask the complainant to provide clarification or                                          
02 additional information before it makes a decision under this subsection and may                                         
03 request information concerning the matter from the subject of the complaint.  The                                       
04 subject of a complaint is not obligated to provide the information.  A proceeding                                       
05 conducted under this subsection, documents that are part of a proceeding, and a                                         
06 dismissal under this subsection are confidential as provided in (l) of this section                                     
07 unless the subject of the complaint waives confidentiality as provided in that                                          
08 subsection.                                                                                                            
09    * Sec. 39.  AS 24.60.170(f) is amended to read:                                                                      
10  (f)  If the committee determines after investigation that there is not probable                                       
11 cause to believe that the subject of the complaint has violated this chapter, the                                       
12 committee shall dismiss the complaint.  The committee may also dismiss portions of                                      
13 a complaint if it finds no probable cause to believe that the subject of the complaint                                  
14 has violated this chapter as alleged in those portions.  The committee shall issue a                                    
15 decision explaining its dismissal.  Committee deliberations and vote on the                                            
16 dismissal order and decision are not open to the public or the subject of the                                           
17 complaint.  A copy of the dismissal order and decision shall be sent to the                                            
18 complainant and to the subject of the complaint.  Notwithstanding  (l) of this section,                                 
19 a dismissal order and decision is open to inspection and copying by the public.                                         
20    * Sec. 40.  AS 24.60.170(g) is amended to read:                                                                      
21  (g)  If the committee investigation determines that a probable violation of this                                      
22 chapter exists that may be corrected by action of the subject of the complaint and that                                 
23 does not warrant sanctions other than correction, the committee may issue an opinion                                    
24 recommending corrective action.  This opinion shall be provided to the complainant                                      
25 and to the subject of the complaint, and is open to inspection by the public.  The                                      
26 subject of the complaint may comply with the opinion or may request a hearing before                                    
27 the committee under (j) of this section. After the hearing the committee may amend                                      
28 or affirm the opinion.  If the subject of the complaint agrees to comply with the                                      
29 opinion but later fails to complete the corrective action in a timely manner, the                                       
30 committee may formally charge the person as provided in (h) of this section or                                          
31 may refer the matter to the appropriate house of the legislature, in the case of a                                      
01 legislator, or, in the case of a legislative employee, to the employee's appointing                                     
02 authority.  The appropriate house of the legislature or the appointing authority,                                       
03 as appropriate, may take action to enforce the corrective action or may decline                                         
04 to take action and refer the matter to the committee.  In that case, the committee                                      
05 may formally charge the person under (h) of this section.                                                              
06    * Sec. 41.  AS 24.60.170(h) is amended to read:                                                                      
07  (h)  If the subject of a complaint fails to comply with an opinion and the                                           
08 committee formally charges the person [ISSUED] under (g) of this section, or if the                                    
09 committee determines after investigation that there is probable cause to believe that the                               
10 subject of the complaint has committed a violation of this chapter that may require                                     
11 sanctions instead of or in addition to corrective action, the committee shall formally                                  
12 charge the person.  The charge shall be served on the person charged, in a manner                                       
13 consistent with the service of summons under the rules of civil procedure, and a copy                                   
14 of the charge shall be sent to the complainant.  The person charged may file a                                          
15 responsive pleading to the committee admitting or denying some or all of the                                            
16 allegations of the charge.                                                                                              
17    * Sec. 42.  AS 24.60.170(i) is amended to read:                                                                      
18  (i)  A person charged under (h) [(b)] of this section may engage in discovery                                       
19 in a manner consistent with the Alaska Rules of Civil Procedure.  The committee may                                    
20 adopt procedures that                                                                                                  
21   (1)  impose reasonable restrictions on the time for this discovery and on                                          
22 the materials that may be discovered;                                                                                  
23   (2)  permit a person who is the subject of a complaint to engage in                                                  
24 discovery at an earlier stage of the proceedings;                                                                       
25   (3)  impose reasonable restrictions on the release of information that                                               
26 the subject of a complaint acquires from the committee in the course of discovery,                                      
27 or on information obtained by use of the committee's authority, in order to                                             
28 protect the privacy of persons not under investigation to whom the information                                          
29 pertains; however, the committee may not impose restrictions on the release of                                          
30 information by the subject of the complaint unless the complainant has agreed to                                        
31 be bound by similar restrictions and has not made public the information                                                
01 contained in the complaint, information about the complaint, or the fact of filing                                      
02 the complaint.                                                                                                         
03    * Sec. 43.  AS 24.60.170(l) is amended to read:                                                                      
04  (l)  Proceedings of the committee relating to complaints before it are                                                
05 confidential until the committee determines that there is probable cause to believe that                                
06 a violation of this chapter has occurred.  The complaint and all documents produced                                     
07 or disclosed as a result of the committee investigation are confidential and not subject                                
08 to inspection by the public.  If in the course of an investigation or probable cause                                    
09 determination the committee finds evidence of probable criminal activity, the                                           
10 committee shall transmit a statement and factual findings limited to that activity to the                               
11 appropriate law enforcement agency.  If the committee finds evidence of a probable                                      
12 violation of AS 15.13, the committee shall transmit a statement to that effect and                                      
13 factual findings limited to the probable violation to the Alaska Public Offices                                         
14 Commission.  All meetings of the committee before the determination of probable                                         
15 cause are closed to the public and to legislators who are not members of the                                           
16 committee.  However, the committee shall permit the subject of the complaint and                                        
17 the subject's attorney to attend any meeting concerning the complaint, including                                        
18 confidential meetings.  The committee shall notify the subject of the complaint of                                      
19 the schedule of its proceedings.  The confidentiality provisions of this subsection may                                
20 be waived by the subject of the complaint, except that the subject of the complaint                                    
21 may not waive the confidentiality duty the committee owes to others.                                                   
22    * Sec. 44.  AS 24.60.174(a) is amended to read:                                                                      
23  (a)  If the person found to have violated this chapter is or was a member of the                                      
24 legislature, the committee's recommendations shall be forwarded by the chair of the                                     
25 committee to the presiding officer of the appropriate house of the legislature.  If the                                
26 committee recommends sanctions other than expulsion from the legislature, the                                           
27 committee recommendation                                                                                                
28   (1)  must include a suggested timetable for the compliance reports                                                   
29 required under (e) of this section, if any; and                                                                         
30   (2)  may include recommended fines that the legislature may impose                                                   
31 if the legislator who was found to have violated this chapter does not comply with                                      
01 the sanctions imposed by the legislature in a timely manner.                                                           
02    * Sec. 45.  AS 24.60.174 is amended by adding a new subsection to read:                                              
03  (e)  When a house of the legislature imposes a sanction other than expulsion                                          
04 on a member or former member, it shall advise the committee at the time of imposing                                     
05 the sanction of the terms it has imposed and of the timetable for compliance adopted                                    
06 with the sanctions.  A legislator or former legislator on whom sanctions other than                                     
07 expulsion have been imposed shall report to the committee as required by the                                            
08 timetable.  If the committee determines that the legislator or former legislator has not                                
09 complied fully and in a timely manner with the sanctions imposed by the legislature,                                    
10 the committee may recommend that the legislature impose a fine or additional                                            
11 sanctions.                                                                                                              
12    * Sec. 46.  AS 24.60.176 is amended to read:                                                                         
13  Sec. 24.60.176.  RECOMMENDATIONS WHERE VIOLATOR IS A                                                                  
14 LEGISLATIVE EMPLOYEE.  If the person found to have violated this chapter is or                                          
15 was a legislative employee, the committee's recommendations shall be forwarded to                                       
16 the appropriate appointing authority which [THAT] shall, as soon as is reasonably                                     
17 possible, determine the sanctions, if any, to be imposed.  The appointing authority may                                 
18 not question the committee's findings of fact.  The appointing authority shall assume                                   
19 the validity of the committee's findings [,] and determine and impose the appropriate                                   
20 sanctions.  The appointing authority has the power to impose a sanction                                                
21 recommended by the committee or to impose a different sanction.  The appointing                                         
22 authority shall enforce the sanction and shall report to the committee at a time                                        
23 specified by the committee concerning the employee's compliance with the                                                
24 sanction.                                                                                                              
25    * Sec. 47.  AS 24.60.176 is amended by adding a new subsection to read:                                              
26  (b)  In this section, "appointing authority" means                                                                    
27   (1)  the legislative council for employees of the Legislative Affairs                                                
28 Agency and of the legislative council and for legislative employees not otherwise                                       
29 covered under this subsection;                                                                                          
30   (2)  the Legislative Budget and Audit Committee for the legislative                                                  
31 fiscal analyst and employees of the division of legislative finance, the legislative                                    
01 auditor and employees of the division of legislative audit, and employees of the                                        
02 Legislative Budget and Audit Committee;                                                                                 
03   (3)  the appropriate finance committee for employees of the senate or                                                
04 house finance committees;                                                                                               
05   (4)  the appropriate rules committee for employees of standing                                                       
06 committees of the legislature other than the finance committees, for employees of the                                   
07 senate secretary's office and the office of the chief clerk of the house of                                             
08 representatives;                                                                                                        
09   (5)   the legislator who made the hiring decision for employees of                                                   
10 individual legislators; however, the legislator may request the appropriate rules                                       
11 committee to act in the legislator's stead;                                                                             
12   (6)  the ombudsman for employees of the office of the ombudsman,                                                     
13 other than the ombudsman;                                                                                               
14   (7)  the legislature for the ombudsman.                                                                              
15    * Sec. 48.  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 leadership position or committee membership and a determination that the legislator                                     
03 will not be appointed to serve in a leadership position or on a committee during the                                    
04 remainder of that 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. 49.  AS 24.60.200 is amended to read:                                                                         
14  Sec. 24.60.200.  FINANCIAL DISCLOSURE BY LEGISLATORS, [AND]                                                         
15 LEGISLATIVE DIRECTORS, AND CERTAIN LEGISLATIVE EMPLOYEES.  A                                                          
16 legislator, [AND] a legislative director, and a legislative employee who is required                                 
17 to disclose shall file a disclosure statement, under oath and on penalty of perjury, with                              
18 the Alaska Public Offices Commission giving the following information about the                                         
19 income received by them, their spouses, their dependent children, and their                                             
20 nondependent children who are living with them:                                                                         
21     (1) the information that a public official is required to report under                                             
22 AS 39.50.030; however, a legislator, legislative director, or legislative employee is                                  
23 not required to report any gifts [, EXCEPT THAT SOURCES OF INCOME OTHER                                                
24 THAN GIFTS OF $1,000 OR LESS, AND LOANS OF $1,000 OR LESS NEED NOT                                                      
25 BE REPORTED];                                                                                                           
26     (2) as to income in excess of $1,000 received as compensation for                                                  
27 personal services, the name and address of the source of the income, and a statement                                    
28 describing the nature of the services performed; if the source of income is known or                                    
29 reasonably should be known to have a substantial interest in legislative, administrative,                               
30 or political action and the recipient of the income is a legislator, [OR] a legislative                               
31 director, or a legislative employee, the amount of income received from the source                                    
01 shall be disclosed;                                                                                                     
02     (3) as to each loan or loan guarantee over $1,000 from a source with                                               
03 a substantial interest in legislative, administrative, or political action, the name and                                
04 address of the person making the loan or guarantee, the amount of the loan, the terms                                   
05 and conditions under which the loan or guarantee was given, the amount outstanding                                      
06 at the time of filing, and whether or not a written loan agreement exists [;                                            
07   (4) THE SOURCE OF A GIFT, OTHER THAN AN INHERITANCE,                                                                 
08 RECEIVED DURING THE PRECEDING CALENDAR YEAR BY THE PERSON,                                                              
09 THE PERSON'S SPOUSE OR DEPENDENT CHILD, OR A NONDEPENDENT                                                               
10 CHILD OF THE PERSON WHO IS LIVING WITH THE PERSON, IF THE                                                               
11 AMOUNT OF THE GIFT EXCEEDS $100 AND IS RECEIVED FROM A PERSON                                                           
12 WHO IS NOT A MEMBER OF THE RECIPIENT'S FAMILY].                                                                         
13    * Sec. 50.  AS 24.60.210 is amended to read:                                                                         
14  Sec. 24.60.210.  DEADLINES FOR FILING OF DISCLOSURE                                                                   
15 STATEMENTS.  A legislator, [AND] a legislative director, and a legislative                                           
16 employee who is required to disclose shall file an annual report with the Alaska                                       
17 Public Offices Commission, covering the previous calendar year, containing the                                          
18 disclosures required by AS 24.60.200, on or before April 15 of each year.                                               
19    * Sec. 51.  AS 24.60.240 is amended to read:                                                                         
20  Sec. 24.60.240.  CIVIL PENALTY FOR LATE FILING.  A legislator, [OR]                                                 
21 a legislative director, or a legislative employee who is required to disclose who fails                               
22 to file a properly completed report under AS 24.60.200 is subject to a civil penalty of                                 
23 not more than $10 a day for each day the delinquency continues as the Alaska Public                                     
24 Offices Commission determines, subject to appeal to the superior court.  An affidavit                                   
25 stating facts in mitigation may be submitted to the Alaska Public Offices Commission                                    
26 by the person against whom the civil penalty is assessed.  However, the imposition of                                   
27 the penalties prescribed in this section does not excuse the person from filing reports                                 
28 required by AS 24.60.200.                                                                                               
29    * Sec. 52.  AS 24.60.250 is amended to read:                                                                         
30  Sec. 24.60.250.  EFFECT OF FAILURE TO FILE BY LEGISLATIVE                                                             
31 CANDIDATE.  In addition to the sanctions described in AS 24.60.260, if the Alaska                                       
01 Public Offices Commission finds that a candidate for the legislature who is an                                          
02 incumbent legislator, [OR A] legislative director, or legislative employee who is                                    
03 required to disclose has failed or refused to file a report under AS 24.60.200 by a                                    
04 deadline established in AS 24.60.210, it shall notify the lieutenant governor.  The                                     
05 candidate shall forfeit nomination to office and may not be seated in office.  The                                      
06 lieutenant governor may not certify the person's nomination for office or election to                                   
07 office and nomination to the office shall be certified as provided in AS 39.50.060(b).                                  
08    * Sec. 53.  AS 24.60.260(a) is amended to read:                                                                      
09     (a)  A person required to make a disclosure under this chapter may not                                             
10 knowingly make a false or deliberately misleading or incomplete disclosure to the                                       
11 committee or to the Alaska Public Offices Commission.  A person who files  [, OR                                      
12 FILE] a disclosure after a deadline set by this chapter or by a regulation adopted by                                   
13 the committee or by the Alaska Public Offices Commission has violated this chapter                                     
14 and may be subject to imposition of a fine as provided in (c) of this section or                                        
15 AS 24.60.240.                                                                                                          
16    * Sec. 54.  AS 24.60.260 is amended by adding a new subsection to read:                                              
17  (c)  The committee may impose a fine on a person who files a disclosure after                                         
18 a deadline set by this chapter.  The amount of the fine imposed under this subsection                                   
19 may not exceed $2 for each day to a maximum of $25 per disclosure for an                                                
20 inadvertent late disclosure.  If the committee finds that a person intentionally waited                                 
21 until after a deadline had passed to file a disclosure or, knowing a disclosure was                                     
22 required under this chapter, intentionally failed to make the disclosure, the committee                                 
23 may impose an additional fine of $100 under this subsection.                                                            
24    * Sec. 55.  AS 24.60.990(a)(5) is amended to read:                                                                   
25   (5)  "immediate family" means                                                                                        
26   (A)  the spouse of the person;                                                                                   
27   (B)  another person cohabiting with the person in a conjugal                                                        
28 relationship that is not a legal marriage; or                                                                           
29   (C)  a parent, child [, PARENTS, CHILDREN], including a                                                            
30 stepchild and an adoptive child, and sibling [SIBLINGS] of a person if the                                           
31 parent, child, or sibling resides with the person, is financially dependent                                             
01 on the person, or shares a substantial financial interest with the person;                                             
02    * Sec. 56.   AS 24.60.990(a) is amended by adding a new paragraph to read:                                           
03   (15)  "legislative employee who is required to disclose" means a                                                     
04 legislative employee, other than a legislator or a legislative director, who is                                         
05 compensated at Range 19 or above of the state salary schedule under AS 39.27.011.                                       
06    * Sec. 57.  AS 39.25.070 is amended to read:                                                                         
07  Sec. 39.25.070.  POWERS AND DUTIES OF PERSONNEL BOARD.  In                                                            
08 addition to the other duties imposed by this chapter, the personnel board shall                                         
09   (1)  approve or disapprove amendments to the personnel rules in                                                      
10 accordance with AS 39.25.140;                                                                                           
11   (2)  consider and act upon recommendations for the extension of the                                                  
12 partially exempt service and the classified service as provided in AS 39.25.130;                                        
13   (3)  hear and determine appeals by employees in the classified service                                               
14 as provided in AS 39.25.170;                                                                                            
15   (4)  establish its own rules of procedure; two members constitute a                                                  
16 quorum for the transaction of business and two affirmative votes are required for final                                 
17 action on matters acted upon by the board;                                                                              
18   (5)  elect a chair [CHAIRMAN] from its membership;                                                                 
19   (6)  have the power to administer oaths, subpoena witnesses, and compel                                              
20 the production of books and papers pertinent to a hearing authorized by this chapter;                                   
21   (7)  employ staff members, who shall be in the classified service;                                                   
22   (8)  carry out its powers and duties under AS 39.52 [RETAIN                                                        
23 INDEPENDENT COUNSEL IN ACCORDANCE WITH AS 39.52.310(c);                                                                 
24   (9)  APPOINT, AND REVIEW THE FINDINGS, CONCLUSIONS,                                                                  
25 AND RECOMMENDATIONS OF, HEARING OFFICERS IN ACCORDANCE WITH                                                             
26 AS 39.52.350(c), 39.52.360, AND 39.52.370;                                                                              
27   (10)  ISSUE FINDINGS, CONCLUSIONS, AND DECISIONS                                                                     
28 REGARDING VIOLATIONS OF THE CODE OF ETHICS IN AS 39.52.110 -                                                            
29 39.52.190; AND                                                                                                          
30   (11)  IMPOSE THE PENALTIES DESCRIBED IN AS 39.52.410,                                                                
31 39.52.440, AND 39.52.450].                                                                                              
01    * Sec. 58.  AS 39.25.160 is amended by adding a new subsection to read:                                              
02  (j)  A state employee, whether in the classified, partially exempt, or exempt                                         
03 service, may not campaign on behalf of a political candidate on government time.                                        
04 This subsection does not prohibit the employees of the division of elections from                                       
05 carrying out duties related to elections or the members and employees of the                                            
06 commission on judicial conduct from carrying out duties relating to the evaluation of                                   
07 justices and judges.                                                                                                    
08    * Sec. 59.  AS 39.50.020 is amended to read:                                                                         
09  Sec. 39.50.020.  REPORT OF FINANCIAL AND BUSINESS INTERESTS.                                                          
10 (a) A public official as defined in AS 39.50.200 other than the governor, the                                          
11 lieutenant governor, or an elected municipal officer, [JUDICIAL OFFICER,                                               
12 COMMISSIONER, CHAIR OR MEMBER OF A STATE COMMISSION OR BOARD                                                            
13 SPECIFIED IN AS 39.50.200(b), A PERSON HIRED OR APPOINTED AS HEAD                                                       
14 OR DEPUTY HEAD OF, OR DIRECTOR OF A DIVISION WITHIN, A                                                                  
15 DEPARTMENT IN THE EXECUTIVE BRANCH, A PERSON APPOINTED                                                                  
16 AS ASSISTANT TO THE GOVERNOR, A STATE INVESTMENT OFFICER AND                                                            
17 THE STATE COMPTROLLER IN THE DEPARTMENT OF REVENUE, AND A                                                               
18 MUNICIPAL OFFICER] shall file a statement giving income sources and business                                            
19 interests, under oath and on penalty of perjury, within 30 days after taking office as                                  
20 a public official.  Candidates for state elective office other than a candidate who is                                  
21 subject to AS 24.60 shall file the [SUCH A] statement with the director of elections                                  
22 at the time of filing a declaration of candidacy or a nominating petition [,] or                                        
23 [WITHIN 30 DAYS OF] becoming a candidate by any other means. Candidates for                                             
24 elective municipal office shall file the [SUCH A] statement at the time of filing a                                   
25 nominating petition, declaration of candidacy, or other required filing for the elective                                
26 municipal office. Refusal or failure to file within the time prescribed shall require that                              
27 the candidate's filing fees, if any, and filing for office be refused or that a previously                              
28 accepted filing fee be returned and the candidate's name removed from the filing                                        
29 records. A statement shall also be filed by public officials no later than April 15 or 15                               
30 days after the person files a federal income tax return in each following year,                                         
31 whichever comes first. Persons who are members of boards or commissions not named                                       
01 in AS 39.50.200(b) are not required to file financial statements.                                                       
02  (b)  A public official other than an elected or appointed municipal officer                                         
03 [THE GOVERNOR, LIEUTENANT GOVERNOR, JUDICIAL OFFICERS, EACH                                                             
04 COMMISSIONER, HEAD OR DEPUTY HEAD OF, OR DIRECTOR OF A                                                                  
05 DIVISION WITHIN, A DEPARTMENT IN THE EXECUTIVE BRANCH,                                                                  
06 ASSISTANT TO THE GOVERNOR, STATE INVESTMENT OFFICERS AND THE                                                            
07 STATE COMPTROLLER IN THE DEPARTMENT OF REVENUE, OR CHAIR OR                                                             
08 MEMBER OF A COMMISSION OR BOARD REQUIRED TO REPORT UNDER                                                                
09 THIS CHAPTER,] shall file the statement with the Alaska Public Offices Commission.                                      
10 Candidates for the office of governor and lieutenant governor and, if the candidate is                                  
11 not subject to AS 24.60, the legislature shall file the statement under AS 15.25.030 or                                 
12 15.25.180.  Municipal officers, and candidates for elective municipal office, shall file                                
13 with the municipal clerk or other municipal official designated to receive their filing                                 
14 for office.  All statements required to be filed under this chapter are public records.                                 
15    * Sec. 60.  AS 39.50.030(a) is amended to read:                                                                      
16  (a)  Each statement must [SHALL] be an accurate representation of the                                               
17 financial affairs of the public official or candidate and must [SHALL] contain the                                    
18 same information for each member of the person's family, as specified in (b) of this                                    
19 section, to the extent that it is ascertainable by the public official or candidate.  [AN                               
20 ASSET OR LIABILITY UNDER $500, HOUSEHOLD GOODS, AND PERSONAL                                                            
21 EFFECTS NEED NOT BE IDENTIFIED.]                                                                                        
22    * Sec. 61.  AS 39.50.030(b) is amended to read:                                                                      
23  (b)  Each statement filed by a public official or candidate under this chapter                                       
24 must [SHALL] include the following:                                                                                    
25   (1)  the source of all income over $1,000 [$100] during the preceding                                              
26 calendar year, including taxable and nontaxable capital gains, received by the person,                                  
27 the person's spouse or dependent child, or a nondependent child of the person who is                                    
28 living with that person, except that a source of income that is a gift must be                                         
29 included if the value of the gift exceeds $250;                                                                        
30   (2)  the identity, by name and address, of each business in which the                                                
31 person, the person's spouse or dependent child, or a nondependent child of the person                                   
01 who is living with that person was a stockholder, owner, officer, director, partner,                                    
02 proprietor, or employee during the preceding calendar year;                                                             
03   (3)  the identity and nature of each interest owned in any business                                                  
04 during the preceding calendar year by the person, the person's spouse or dependent                                      
05 child, or a nondependent child of the person who is living with that person;                                            
06   (4)  the identity and nature of each interest in real property, including                                            
07 an option to buy, owned at any time during the preceding calendar year by the person,                                   
08 the person's spouse or dependent child, or a nondependent child of the person who is                                    
09 living with that person;                                                                                                
10   (5)  the identity of each trust or other fiduciary relation in which the                                             
11 person, the person's spouse or dependent child, or a nondependent child of the person                                   
12 who is living with that person held a beneficial interest exceeding $1,000 during the                                 
13 preceding calendar year, a description and identification of the property contained in                                  
14 each trust or relation, and the nature and extent of the beneficial interest in it;                                     
15   (6)  any loan or loan guarantee of more than $1,000 made to the                                                    
16 person, the person's spouse or dependent child, or a nondependent child of the person                                   
17 who is living with that person, and the identity of the maker of the loan or loan                                       
18 guarantor and the identity of each creditor to whom the person, the person's spouse or                                  
19 dependent child, or a nondependent child of the person who lives with that person                                       
20 owed more than $1,000; this paragraph requires disclosure of a loan, loan                                              
21 guarantee, or indebtedness only if the loan or guarantee was made, or the                                               
22 indebtedness incurred, during the preceding calendar year, or if the amount still                                       
23 owing on the loan, loan guarantee, or indebtedness was more than $1,000 at any                                          
24 time during the preceding calendar year [$500 OR MORE];                                                                
25   (7)  a list of all contracts and offers to contract with the state or an                                             
26 instrumentality of the state during the preceding calendar year held, bid, or offered by                                
27 the person, the person's spouse or dependent child, a nondependent child of the person                                  
28 who is living with that person, a partnership or professional corporation of which                                     
29 the person is a member [THE PERSON'S MOTHER OR FATHER], or a corporation                                               
30 in which the person or the person's spouse or children, or a combination of them, hold                                  
31 a controlling interest; and                                                                                             
01   (8)  a list of all mineral, timber, oil, or any other natural resource lease                                         
02 held, or lease offer made, during the preceding calendar year by the person, the                                        
03 person's spouse or dependent child, a nondependent child of the person who is living                                  
04 with that person, [THE PERSON'S MOTHER OR FATHER,] a partnership or                                                     
05 professional corporation of which the person is a member, or a corporation in which                                     
06 the person or the person's spouse or children, or a combination of them, holds a                                        
07 controlling interest.                                                                                                   
08    * Sec. 62.   AS 39.50.070 is amended to read:                                                                        
09  Sec. 39.50.070.  FAILURE TO REPORT BY CERTAIN STATE                                                                  
10 EMPLOYEES [DEPARTMENT, DIVISION, OR DEPUTY DEPARTMENT                                                                  
11 HEADS].  A person hired or appointed as the head or deputy head of, or director of                                      
12 a division within, a department in the executive branch or another state employee                                      
13 subject to this chapter who refuses or fails to file a report of financial interests                                   
14 required under this chapter when due may not hold office, and the person's name may                                     
15 not be submitted to the legislature for confirmation, until the person complies.  The                                 
16 person may not be confirmed, hired, or appointed, and the person forfeits and may not                                   
17 be paid any salary, per diem, or travel expenses, until the person complies.  If, after                               
18 installation as the head or deputy head of, or director of a division within, a                                         
19 department, or, for other state employees, after beginning employment in the                                           
20 position subject to this chapter, the person refuses or fails to file the required                                     
21 statement when due, the person is guilty of a misdemeanor and upon conviction is                                        
22 punishable by a fine of not less than $100 nor more than $1,000 and shall be removed                                    
23 from office if compliance is not made within 30 days after the due date of the report.                                  
24    * Sec. 63.  AS 39.50.080 is amended to read:                                                                         
25  Sec. 39.50.080.  FAILURE TO REPORT BY A COMMISSION OR BOARD                                                          
26 CHAIR [CHAIRMAN] OR MEMBER.  A person hired or appointed as a                                                          
27 commissioner, chair, [CHAIRMAN] or member of a state commission or board                                              
28 specified in AS 39.50.200(b), including the executive director of the Alaska                                           
29 Tourism Marketing Council, who fails to file a report of financial interests required                                  
30 under this chapter when due may not hold office, and the person's name may not be                                       
31 submitted to the legislature until the person complies.  The person may not be                                          
01 confirmed, and the person forfeits and may not be paid any salary, per diem or travel                                   
02 expenses, until the person complies.  If, after being seated as commissioner, chair,                                
03 [CHAIRMAN] or member of the [SUCH A] commission or board the person refuses                                           
04 or fails to file the required statement when due, the person is guilty of a misdemeanor                                 
05 and upon conviction is punishable by a fine of not less than $100 nor more than                                         
06 $1,000 and shall be removed from office if compliance is not made within 30 days                                        
07 after the due date.                                                                                                     
08    * Sec. 64.  AS 39.50.200(a)(8) is amended to read:                                                                   
09   (8)  "public official" means a judicial officer, the governor, the                                                   
10 lieutenant governor, a person hired or appointed as the head or deputy head of [, OR                                    
11 DIRECTOR OF A DIVISION,] a department in the executive branch or as the                                                
12 director of a division in a department in the executive branch, [AN ASSISTANT                                          
13 TO THE GOVERNOR,] chair or member of a state commission or board, [STATE                                                
14 INVESTMENT OFFICERS AND THE STATE COMPTROLLER IN THE                                                                    
15 DEPARTMENT OF REVENUE,] the executive director of the Alaska Tourism                                                    
16 Marketing Council, another state employee subject to this chapter, and each                                           
17 appointed or elected municipal officer;                                                                                 
18    * Sec. 65.  AS 39.50.200(a) is amended by adding a new paragraph to read:                                            
19   (10)  "another state employee subject to this chapter" means a state                                                 
20 employee who is employed in a position in the executive branch of state government                                      
21 in the exempt or partially exempt service and who is compensated at Range 21 or                                         
22 above on the state salary schedule under AS 39.27.011, an assistant to the governor,                                    
23 an assistant to the lieutenant governor, a state investment officer, and the state                                      
24 comptroller in the Department of Revenue, but does not include a state officer or                                       
25 employee who is otherwise included in the definition of "public official" under this                                    
26 section.                                                                                                                
27    * Sec. 66.  AS 39.52.010(a) is amended to read:                                                                      
28  (a)  It is declared that                                                                                            
29   (1)  [THAT] high moral and ethical standards among public officers in                                                
30 the executive branch are essential to assure the trust, respect, and confidence of the                                 
31 people of this state; [TO THE CONDUCT OF FREE GOVERNMENT; AND]                                                         
01   (2)  [THAT THE LEGISLATURE BELIEVES THAT] a code of ethics                                                           
02 for the guidance of public officers will                                                                                
03   (A)  discourage those officers from acting upon personal or                                                       
04 financial interests in the performance of their public responsibilities;                                               
05   (B)  [, WILL] improve standards of public service; and                                                            
06   (C)  [, AND WILL] promote and strengthen the faith and                                                             
07 confidence of the people of this state in their public officers;                                                       
08   (3)  [.  IT IS FURTHER DECLARED THAT] holding public office or                                                      
09 employment is a public trust and that as one safeguard of that trust, the people require                                
10 public officers to adhere to a code of ethics;                                                                         
11   (4)  a fair and open government requires that executive branch                                                       
12 public officers conduct the public's business in a manner that preserves the                                            
13 integrity of the governmental process and avoids conflicts of interest or even                                          
14 appearances of conflicts of interest;                                                                                   
15   (5)  in order for the rules governing conduct to be respected both                                                   
16 during and after leaving public service, the code of ethics must be administered                                        
17 fairly without bias or favoritism;                                                                                      
18   (6)  no code of conduct, however comprehensive, can anticipate all                                                   
19 situations in which violations may occur nor can it prescribe behaviors that are                                        
20 appropriate to every situation; in addition, laws and regulations regarding ethical                                     
21 responsibilities cannot legislate morality, eradicate corruption, or eliminate bad                                      
22 judgment; and                                                                                                           
23   (7)  compliance with a code of ethics is an individual responsibility;                                               
24 thus all who serve the state have a solemn responsibility to avoid improper                                             
25 conduct and prevent improper behavior by colleagues and subordinates.                                                  
26    * Sec. 67.  AS 39.52.110(c) is amended to read:                                                                      
27  (c)  Designated [THE ATTORNEY GENERAL, DESIGNATED] supervisors,                                                     
28 hearing officers, and the personnel board must be guided by this section when issuing                                   
29 opinions and reaching decisions.                                                                                        
30    * Sec. 68.  AS 39.52.120(b) is amended to read:                                                                      
31  (b)  A public officer may not                                                                                         
01   (1)  seek other employment or contracts through the use or attempted                                                 
02 use of official position;                                                                                               
03   (2)  accept, receive, or solicit compensation for the performance of                                                 
04 official duties or responsibilities from a person other than the state; this paragraph                                 
05 may not be construed to prohibit the governor or the lieutenant governor from                                           
06 the lawful solicitation for and acceptance of campaign contributions or a public                                        
07 officer from the acceptance of a lawful gift, other than a campaign contribution,                                       
08 under AS 39.52.130;                                                                                                    
09   (3)  use state time, property, equipment, or other facilities to benefit                                             
10 personal or financial interests;                                                                                        
11   (4)  take or withhold official action in order to affect a matter in which                                           
12 the public officer has a personal or financial interest; or                                                             
13   (5)  attempt to benefit a personal or financial interest through coercion                                            
14 of a subordinate.                                                                                                       
15    * Sec. 69.  AS 39.52 is amended by adding a new section to read:                                                     
16  Sec. 39.52.125.  MISUSE OF OFFICIAL POSITION BY STATE OFFICIALS.                                                      
17 (a)  In addition to the prohibitions under AS 39.52.120, a state official may not                                       
18   (1)  take or withhold official action or exert official influence that could                                         
19 substantially benefit or harm the financial interest of a person with whom the state                                    
20 official is negotiating for employment;                                                                                 
21   (2)  knowingly seek, accept, use, allocate, grant, or award public funds                                             
22 for a purpose other than that approved by law, or make a false statement in connection                                  
23 with a claim, request, or application for compensation, reimbursement, or travel                                        
24 allowances from public funds;                                                                                           
25   (3)  require another public officer to perform services for the private                                              
26 benefit of the state official at any time, or allow a public officer to perform services                                
27 for the private benefit of the state official on government time; or                                                    
28   (4)  use or authorize the use of state funds, facilities, equipment,                                                 
29 services, or another government asset or resource for the purpose of political fund                                     
30 raising or campaigning.                                                                                                 
31  (b)  Except for the governor and the lieutenant governor, a state official may                                        
01 not on government time assist in political party or candidate activities, campaigning,                                  
02 or fund raising.  A state official, including the governor and the lieutenant governor,                                 
03 may not require another public officer to perform an act in violation of this subsection.                               
04  (c)  Unless approved by the personnel board, during a campaign period for an                                          
05 election in which the state official is a candidate, a state official may not use or permit                             
06 another to use state funds to print or distribute a political mass mailing to individuals                               
07 eligible to vote for the candidate.  In this subsection,                                                                
08   (1)  a "campaign period" is the period that                                                                          
09   (A)  begins 90 days before an election to the board of an electric                                                  
10 or telephone cooperative organized under AS 10.25, a municipal election, or                                             
11 a primary election or that begins on the date of the governor's proclamation                                            
12 calling a special election; and                                                                                         
13   (B)  ends the day after the cooperative election, municipal                                                         
14 election, or the general or special election;                                                                           
15   (2)  a mass mailing is considered to be political if it is from or about                                             
16 a                                                                                                                       
17   (A)  state official who is a candidate for election to a federal,                                                   
18 state, or municipal elective office or to the board of a telephone or electric                                          
19 cooperative;                                                                                                            
20   (B)  another person who is a candidate for election to a federal,                                                   
21 state, or municipal elective office or to the board of a telephone or electric                                          
22 cooperative.                                                                                                            
23  (d)  A state official, or another person on behalf of the official, or a campaign                                     
24 committee of the official, may not distribute or post campaign literature, placards,                                    
25 posters, fund-raising notices, or other communications intended to influence the                                        
26 election of a candidate in an election in public areas in a facility ordinarily used to                                 
27 conduct state government business.                                                                                      
28  (e)  A state official may not directly, or by authorizing another to act on the                                       
29 official's behalf,                                                                                                      
30   (1)  agree to, threaten to, or state or imply that the official will take or                                         
31 withhold an official action as a result of a person's decision to provide or not provide                                
01 a political contribution, donate or not donate to a cause favored by the official, or                                   
02 provide or not provide a thing of value; or                                                                             
03   (2)  state or imply that the official will perform or refrain from                                                   
04 performing a lawful governmental service as a result of a person's decision to provide                                  
05 or not provide a political contribution, donate or not donate to a cause favored by the                                 
06 official or provide or not provide a thing of value.                                                                    
07  (f)  A state official may serve on a board of an organization, including a                                            
08 governmental entity, that regularly has a substantial interest in the official actions of                               
09 the official, if the official discloses the board membership to the personnel board.                                    
10  (g)  In this section, when determining whether a state official is considered to                                      
11 be performing a task on government time, the personnel board shall consider the                                         
12 official's work schedule as set by the official's immediate supervisor, if any.  An                                     
13 official other than the governor and lieutenant governor who engages in political                                       
14 campaign activities other than incidental campaign activities as described in this                                      
15 subsection during the work day shall take leave for the period of campaigning.                                          
16 Political campaign activities while on government time are permissible if the activities                                
17 are part of the normal governmental duties of the official, including answering                                         
18 telephone calls and handling of incoming correspondence.                                                                
19    * Sec. 70.  AS 39.52.130(c) is amended to read:                                                                      
20  (c)  In accordance with AS 39.52.240, a designated supervisor or a state                                             
21 official may request guidance from the personnel board [ATTORNEY GENERAL]                                            
22 concerning whether acceptance of a particular gift is prohibited.                                                       
23    * Sec. 71.   AS 39.52.130 is amended by adding new subsections to read:                                              
24  (e)  In addition to the requirements of (a) and (b) of this section, and except                                       
25 as provided in (f) - (n) of this section, a state official may not solicit, accept, or                                  
26 receive, directly or indirectly, a gift worth $250 or more, whether in the form of                                      
27 money, service, loan, travel, entertainment, hospitality, employment, promise, or in any                                
28 other form, or gifts from the same person worth less than $250 that in a calendar year                                  
29 aggregate to $250 or more in value.  Except for food or beverage for immediate                                          
30 consumption, a state official may not solicit, accept, or receive during a legislative                                  
31 session a gift with any monetary value from a lobbyist or a person acting on behalf                                     
01 of a lobbyist.                                                                                                          
02    (f)  A state official who accepts a gift under (g)(4) of this section shall disclose                                
03 the gift if it has a value in excess of $250, including the name and occupation of the                                  
04 giver and a description of the gift and its approximate value, to the personnel board                                   
05 within 30 days after the date of its receipt.  Except as provided in (j) of this section,                               
06 a gift under (g)(6) of this section that has a value of $250 or more shall be disclosed                                 
07 to the personnel board annually on or before February 15 of the following calendar                                      
08 year; the disclosure must include only a description of the gift and the identity of the                                
09 donor.  The personnel board shall maintain a public record of the disclosures received                                  
10 of gifts under (g)(4) of this section.  Disclosures relating to gifts under (g)(6) of this                              
11 section shall be maintained but are confidential and may only be used by the attorney                                   
12 general or the personnel board and its employees and contractors in the investigation                                   
13 of a possible violation of this section or in a proceeding under AS 39.52.310 -                                         
14 39.52.390.  If the disclosures become part of the record of a proceeding under                                          
15 AS 39.52.310 - 39.52.390, the confidentiality provisions in AS 39.52.340 apply to the                                   
16 disclosures.  The personnel board shall forward disclosures it receives from a state                                    
17 official concerning gifts under (g)(4) of this section to the Alaska Public Offices                                     
18 Commission.                                                                                                             
19  (g)  Notwithstanding (e) of this section, it is not a violation of this section for                                   
20 a state official to accept                                                                                              
21   (1)  hospitality, other than hospitality described in (4) of this subsection                                         
22   (A)  with incidental transportation at the residence of a person;                                                   
23 however, a vacation home located outside the state is not considered a                                                  
24 residence for the purposes of this subparagraph; or                                                                     
25   (B)  at a social event or meal;                                                                                     
26   (2)  discounts that are available                                                                                    
27   (A)  generally to the public or to a large class of persons to                                                      
28 which the person belongs; or                                                                                            
29   (B)  when on state business;                                                                                        
30   (3)  food or foodstuffs indigenous to the state that are shared generally                                            
31 as a cultural or social norm;                                                                                           
01   (4)  travel and hospitality primarily for the purpose of obtaining                                                   
02 information on matters of governmental concern;                                                                         
03   (5)  gifts from the immediate family of the person; or                                                               
04   (6)  gifts that are not connected with the recipient's governmental status.                                          
05  (h)  Notwithstanding (e) of this section, a state official may accept a gift of                                       
06 property worth $250 or more, other than money, from a foreign government or from                                        
07 the government of the United States or another state or from an official of a foreign                                   
08 government or of the government of the United States or another state if the person                                     
09 accepts the gift on behalf of the state.  The person shall, within 60 days after receiving                              
10 the gift, deliver the gift to the Office of the Governor, which shall determine the                                     
11 appropriate disposition of the gift.                                                                                    
12     (i)  Notwithstanding (e) of this section, a state official may solicit, accept, or                                 
13 receive a gift on behalf of a recognized, nonpolitical charitable organization in                                       
14 accordance with guidelines adopted by the personnel board.                                                              
15  (j)  A state official who receives an inheritance from a person other than a                                          
16 family member shall disclose the fact of the receipt of an inheritance and the identity                                 
17 of the person from whom it was received to the personnel board within 60 days after                                     
18 receiving notice of the inheritance.  The personnel board shall maintain a public record                                
19 of the disclosure.  This subsection does not require disclosure of the value of the                                     
20 inheritance.                                                                                                            
21  (k)  A state official or public agency may accept (1) a gift of volunteer services                                    
22 for governmental purposes so long as the person making the gift of services is not                                      
23 receiving compensation from another source for the services or (2) a gift of the                                        
24 services of a trainee who is participating in an educational program approved by the                                    
25 personnel board if the services are used for governmental purposes.  The personnel                                      
26 board shall approve training under a program of the University of Alaska and training                                   
27 under 29 U.S.C. 1501 - 1792b (Job Training Partnership Act).  A governmental                                            
28 volunteer or educational trainee shall be considered to be a public employee for                                        
29 purposes of compliance with this chapter other than AS 39.52.150, 39.52.155, and                                        
30 39.52.160.  If a person believes that a governmental volunteer or educational trainee                                   
31 has violated the provisions of one of those sections, the person may file a complaint                                   
01 under AS 39.52.310.  The provisions of AS 39.52.310 - 39.52.390 apply to the                                            
02 proceeding.  This subsection does not permit a state official to accept a gift of services                              
03 for nongovernmental purposes.                                                                                           
04  (l)  A state official who knows or reasonably ought to know that a family                                             
05 member has received a gift because of the family member's connection with the                                           
06 official's public office shall report the receipt of the gift by the family member to the                               
07 personnel board if the gift would have to be reported under this section if it had been                                 
08 received by the public officer or if receipt of the gift by a public officer would be                                   
09 prohibited under this section.                                                                                          
10  (m)  In this section, the value of a gift shall be determined by the fair market                                      
11 value of the gift to the extent that the fair market value can be determined.                                           
12  (n)  In this section, "immediate family" or "family member"  means                                                    
13   (1)  the spouse of the person;                                                                                       
14   (2)  another person cohabiting with the person in a conjugal relationship                                            
15 that is not a legal marriage;                                                                                           
16   (3)  a child, including a stepchild and an adoptive child, of the person;                                            
17   (4)  a parent, sibling, grandparent, aunt, or uncle of the person; and                                               
18   (5)  a parent, sibling, grandparent, aunt, or uncle of the person's spouse.                                          
19    * Sec. 72.  AS 39.52 is amended by adding new sections to read:                                                      
20  Sec. 39.52.132.  RESTRICTIONS ON FUND RAISING.  (a)  A state official,                                                
21 including the governor and the lieutenant governor, may not                                                             
22   (1)  on a day when either house of the legislature is in regular or special                                          
23 session, solicit or accept a contribution or a promise or pledge to make a contribution                                 
24 for a candidate for state office;                                                                                       
25   (2)  accept money from an event held on a day when either house of the                                               
26 legislature is in regular or special session if a substantial purpose of the event is to                                
27 raise money on behalf of the state official for a campaign for state office; or                                         
28   (3)  expend money in a campaign for state office that was raised by or                                               
29 on behalf of a state official on a day when either house of the legislature was in a                                    
30 legislative session under a declaration of candidacy or general letter of intent to                                     
31 become a candidate for public office.                                                                                   
01  (b)  In this section, "contribution" has the meaning given in AS 15.13.130.                                           
02  Sec. 39.52.134.  RESTRICTIONS ON EMPLOYEE CANDIDACIES.  A state                                                       
03 official, other than the governor and the lieutenant governor, may not file a letter of                                 
04 intent to become a candidate or file a declaration of candidacy for the legislature.                                    
05  Sec. 39.52.136.  OPEN MEETINGS LAW.  State officials shall abide by the                                               
06 open meetings law under AS 44.62.310 - 44 .62.312.                                                                      
07    * Sec. 73.  AS 39.52.150(d) is amended to read:                                                                      
08  (d)  A public officer shall report in writing to the personnel board and the                                        
09 designated supervisor a personal or financial interest held by the officer, or an                                       
10 immediate family member, in a state grant, contract, lease, or loan that is awarded,                                    
11 executed, or administered by the agency the officer serves.                                                             
12    * Sec. 74.   AS 39.52 is amended by adding a new section to read:                                                    
13  Sec. 39.52.155.  DISCLOSURE OF CLOSE ECONOMIC ASSOCIATIONS.                                                           
14 (a)  A state official shall disclose to the official's designated supervisor and to the                                 
15 Alaska Public Offices Commission, which shall maintain a public record of the                                           
16 disclosure, the formation or maintenance of a close economic association involving a                                    
17 substantial financial matter with                                                                                       
18   (1)  a supervisor who is not a public officer who has responsibility or                                              
19 authority, either directly or indirectly, over the person's employment, including                                       
20 preparing or reviewing performance evaluations, or granting or approving pay raises                                     
21 or promotions;                                                                                                          
22   (2)  legislators;                                                                                                    
23   (3)  a public official who is required to file a financial disclosure                                                
24 statement under AS 39.50 and is not an appointed municipal officer;                                                     
25   (4)  a registered lobbyist; or                                                                                       
26   (5)  a public officer if the person required to make the disclosure is the                                           
27 governor or the lieutenant governor.                                                                                    
28  (b)  A state official required to make a disclosure under this section shall make                                     
29 an annual disclosure no later than February 15 of each year of the individual's close                                   
30 economic associations then in existence.  If the official forms a close economic                                        
31 association after that date, the disclosure must be made within 60 days after forming                                   
01 the association.  A disclosure under this section must be sufficiently detailed that a                                  
02 reader of the disclosure can ascertain the nature of the association.                                                   
03  (c)  When making a disclosure under (a) of this section concerning a                                                  
04 relationship with a lobbyist to whom the state official is married or who is the                                        
05 official's spousal equivalent, the state official shall also disclose the name and address                              
06 of each employer of the lobbyist and the total monetary value received from the                                         
07 lobbyist's employer.  The state official shall report changes in the employer of the                                    
08 spouse or spousal equivalent within 48 hours after the change.  In this subsection,                                     
09   (1)  "employer of the lobbyist" means the person from whom the                                                       
10 lobbyist received amounts or  things of value for engaging in lobbying on behalf of                                     
11 the person;                                                                                                             
12   (2)  "spousal equivalent" means a person cohabiting with the state                                                   
13 official in a conjugal relationship that is not a legal marriage.                                                       
14  (d)  In this section, "close economic association" means a financial relationship                                     
15 that exists between a state official and some other person or entity, including but not                                 
16 limited to relationships where the state official serves as a consultant or advisor to, is                              
17 a member or representative of, or has a financial interest in, any association,                                         
18 partnership, business, or corporation.                                                                                  
19    * Sec. 75.  AS 39.52.170 is amended to read:                                                                         
20  Sec. 39.52.170.  OUTSIDE EMPLOYMENT RESTRICTED.  (a)  A public                                                        
21 employee may not render services to benefit a personal or financial interest or engage                                  
22 in or accept employment outside the agency which the employee serves, if the outside                                    
23 employment or service is incompatible or in conflict with the proper discharge of                                       
24 official duties or, in the case of a state official, if the compensation sought or                                     
25 accepted for the personal services is significantly greater than the value of the                                       
26 services rendered, taking into account the higher rates generally charged by                                            
27 specialists in a profession.                                                                                           
28  (b)  A public employee rendering services for compensation, or engaging in                                            
29 employment outside the employee's agency, shall report by July 1 of each year the                                       
30 outside services or employment to the personnel board and to the employee's                                           
31 designated supervisor.  During the year, any change in an employee's outside service                                    
01 or employment activity must be reported to the designated supervisor as it occurs.                                      
02    * Sec. 76.  AS 39.52.170 is amended by adding a new subsection to read:                                              
03  (c)  A state official may not accept a payment of anything of value, except for                                       
04 actual and necessarily incurred travel expenses, for an appearance or speech by the                                     
05 state official; this paragraph does not apply to the salary paid to a state official for                                
06 making an appearance or speech as part of the official's normal course of employment.                                   
07    * Sec. 77.  AS 39.52.180(b) is amended to read:                                                                      
08  (b)  Except as provided in (d) of this section, this [THIS] section does not                                        
09 prohibit an agency from contracting with a former public officer to act on a matter on                                  
10 behalf of the state.                                                                                                    
11    * Sec. 78.  AS 39.52.180(c) is amended to read:                                                                      
12  (c)  Except as provided in (d) of this section, and, in the case of a state                                          
13 official, only after the elapse of one year from the date the state official left state                                 
14 service, the [THE] head of an agency may waive application of (a) of this section                                      
15 after determining that representation by a former public officer is not adverse to the                                  
16 public interest.  The waiver must be in writing and a copy of the waiver must be                                        
17 provided to the attorney general for approval or disapproval.                                                           
18    * Sec. 79.   AS 39.52.180 is amended by adding a new subsection to read:                                             
19  (d)  An agency may not enter into a contract with a state official who has left                                       
20 state service and the head of an agency may not waive application of (a) of this section                                
21 if the purpose of the proposed contract or representation includes lobbying before a                                    
22 state agency or the state legislature.                                                                                  
23    * Sec. 80.  AS 39.52.210 is amended to read:                                                                         
24  Sec. 39.52.210.  DECLARATION OF POTENTIAL VIOLATIONS BY                                                               
25 PUBLIC EMPLOYEES.  (a)  A public employee who is involved in a matter that may                                          
26 result in a violation of AS 39.52.110 - 39.52.190 shall                                                                 
27   (1)  refrain from taking any official action relating to the matter until                                            
28 a determination is made under this section; and                                                                         
29   (2)  immediately disclose the matter in writing to the designated                                                    
30 supervisor and the personnel board.                                                                                   
31  (b)  A public employee's designated supervisor shall make a written                                                   
01 determination whether an employee's involvement violates AS 39.52.110 - 39.52.190                                      
02 and shall provide a copy of the written determination to the public employee and                                        
03 to the personnel board.  If the supervisor determines that a violation could exist or                                  
04 will occur, the supervisor shall,                                                                                       
05   (1)  reassign duties to cure the employee's potential violation, if feasible;                                        
06 or                                                                                                                      
07   (2)  direct the divestiture or removal by the employee of the personal                                               
08 or financial interests that give rise to the potential violation.                                                       
09  (c)  A state official or a designated supervisor may request guidance from the                                     
10 personnel board [ATTORNEY GENERAL], in accordance with AS 39.52.240, when                                              
11 determining whether a public employee is involved in a matter that may result in a                                      
12 violation of AS 39.52.110 - 39.52.190.                                                                                  
13    * Sec. 81.  AS 39.52.220 is amended to read:                                                                         
14  Sec. 39.52.220.  DECLARATION OF POTENTIAL VIOLATIONS BY                                                               
15 MEMBERS OF BOARDS OR COMMISSIONS.  (a)  A member of a board or                                                          
16 commission who is involved in a matter that may result in a violation of AS 39.52.110                                   
17 - 39.52.190 shall disclose the matter on the public record and in writing to the                                        
18 designated supervisor and to the personnel board.  The supervisor shall determine                                     
19 whether the member's involvement violates AS 39.52.110 - 39.52.190 and shall                                           
20 provide a copy of the written determination to the board or commission member                                           
21 and to the personnel board.  If a member of the board or commission objects to the                                     
22 ruling of the supervisor, or if the supervisor discloses an involvement requiring a                                     
23 determination, the members present at a meeting, excluding the involved member, shall                                   
24 vote on the matter.  If the supervisor or a majority of the members voting determine                                    
25 that a violation will exist if the member continues to participate, the member shall                                    
26 refrain from voting, deliberating, or participating in the matter.                                                      
27  (b)  The member of the board or commission, the designated supervisor, or                                         
28 the board or commission may request guidance from the personnel board                                                 
29 [ATTORNEY GENERAL], in accordance with AS 39.52.240, when determining                                                   
30 whether a member of a board or commission is involved in a matter that may result                                       
31 in a violation of AS 39.52.110 - 39.52.190.                                                                             
01    * Sec. 82.  AS 39.52.230 is amended to read:                                                                         
02  Sec. 39.52.230.  REPORTING OF POTENTIAL VIOLATIONS.  A person may                                                     
03 report to a public officer's designated supervisor, under oath and in writing, a potential                              
04 violation of AS 39.52.110 - 39.52.190 by the public officer.  The supervisor shall                                      
05 provide a copy of the report to the officer who is the subject of the report and to the                                
06 personnel board, and shall review the report to determine whether a violation may                                      
07 exist.  The supervisor shall act in accordance with AS 39.52.210 or 39.52.220 if the                                    
08 supervisor determines that the matter may result in a violation of AS 39.52.110 -                                       
09 39.52.190.                                                                                                              
10    * Sec. 83.  AS 39.52.240(a) is amended to read:                                                                      
11  (a)  Upon the written request of a state official, designated supervisor, or a                                    
12 board or commission, the personnel board [ATTORNEY GENERAL] shall issue                                               
13 opinions interpreting this chapter.  The requester must supply any additional                                           
14 information requested by the personnel board [ATTORNEY GENERAL] in order to                                           
15 issue the opinion.  Within 60 days after receiving a complete request, the personnel                                   
16 board [ATTORNEY GENERAL] shall issue an advisory opinion on the question.                                              
17    * Sec. 84.  AS 39.52.240(b) is amended to read:                                                                      
18  (b)  The personnel board [ATTORNEY GENERAL] may offer oral advice if                                                
19 delay would cause substantial inconvenience or detriment to the requesting party.                                       
20    * Sec. 85.  AS 39.52.240(c) is amended to read:                                                                      
21  (c)  In the case of a request for advice from a designated supervisor or a                                           
22 board or commission, the [THE] designated supervisor or the [A] board or                                             
23 commission shall make a written determination based on the advice of the personnel                                     
24 board [ATTORNEY GENERAL].  If the advice [OF THE ATTORNEY GENERAL]                                                     
25 provides more than one way for a public officer to avoid or correct a problem found                                     
26 under AS 39.52.110 - 39.52.190, the designated supervisor or the board or commission                                    
27 shall, after consultation with the officer, determine the alternative that is most                                      
28 appropriate and advise the officer of any action required of the officer to avoid or                                    
29 correct the problem.                                                                                                    
30    * Sec. 86.  AS 39.52.240(e) is amended to read:                                                                      
31  (e)  The personnel board [ATTORNEY GENERAL] may reconsider, revoke,                                                 
01 or modify an advisory opinion at any time, including upon a showing that material                                       
02 facts were omitted or misstated in the request for the opinion.                                                         
03    * Sec. 87.  AS 39.52.240(h) is amended to read:                                                                      
04  (h)  The personnel board [ATTORNEY GENERAL] shall publish in the                                                    
05 Alaska Administrative Journal, with sufficient deletions to prevent disclosure of the                                   
06 persons whose identities are confidential under (g) of this section, the advisory                                       
07 opinions issued under this section that the personnel board [ATTORNEY GENERAL]                                        
08 determines to be of major import because of their general applicability to executive                                    
09 branch officers.                                                                                                        
10    * Sec. 88.  AS 39.52.250 is amended to read:                                                                         
11  Sec. 39.52.250.  ADVICE TO FORMER PUBLIC OFFICERS.  (a)  A former                                                     
12 public officer may request, in writing, an opinion from the personnel board                                           
13 [ATTORNEY GENERAL] interpreting this chapter.  The personnel board                                                    
14 [ATTORNEY GENERAL] shall give advice in accordance with AS 39.52.240(a) or                                              
15 (b) and publish opinions in accordance with AS 39.52.240(h).                                                            
16  (b)  A former public officer is not liable under this chapter for any action                                          
17 carried out in accordance with the advice of the personnel board [ATTORNEY                                            
18 GENERAL] issued under this section, if the public officer fully disclosed all relevant                                  
19 facts reasonably necessary to the issuance of the advice.                                                               
20    * Sec. 89.  AS 39.52.260 is amended to read:                                                                         
21  Sec. 39.52.260.  DESIGNATED SUPERVISOR'S REPORT AND                                                                  
22 PERSONNEL BOARD [ATTORNEY GENERAL] REVIEW.  (a)  A designated                                                          
23 supervisor shall quarterly submit a report to the personnel board that [ATTORNEY                                      
24 GENERAL WHICH] states the facts, circumstances, and disposition of any disclosure                                       
25 made under AS 39.52.210 - 39.52.240.                                                                                    
26  (b)  The personnel board [ATTORNEY GENERAL] shall review                                                            
27 determinations reported under this section.  The personnel board [ATTORNEY                                            
28 GENERAL] may request additional information from a supervisor concerning a                                              
29 specific disclosure and its disposition.                                                                                
30  (c)  The report prepared under this section is confidential and not available for                                     
31 public inspection unless formal proceedings under AS 39.52.350 are initiated based on                                   
01 the report.  If formal proceedings are initiated, the relevant portions of the report are                               
02 public documents open to inspection.  The personnel board [ATTORNEY                                                   
03 GENERAL] shall, however, make available to the public a summary of the reports                                          
04 received under this section, with sufficient deletions to prevent disclosure of a person's                              
05 identity.                                                                                                               
06    * Sec. 90.  AS 39.52.310(a) is amended to read:                                                                      
07  (a)  The personnel board [ATTORNEY GENERAL] may initiate a complaint,                                               
08 or elect to treat as a complaint, any matter disclosed under AS 39.52.210, 39.52.220,                                 
09 39.52.250, or 39.52.260.                                                                                                
10    * Sec. 91.  AS 39.52.310(b) is amended to read:                                                                      
11  (b)  A person may file a complaint with the personnel board [ATTORNEY                                               
12 GENERAL] regarding the conduct of a current or former public officer. A complaint                                       
13 must be in writing, be signed under oath, and contain a clear statement of the details                                  
14 of the alleged violation.                                                                                               
15    * Sec. 92.  AS 39.52.310(c) is amended to read:                                                                      
16  (c)  If a complaint alleges a violation of AS 39.52.110 - 39.52.190 by the                                            
17 governor, lieutenant governor, or the attorney general, the [MATTER SHALL BE                                            
18 REFERRED TO THE PERSONNEL BOARD.  THE] personnel board shall retain                                                     
19 independent counsel who shall act in the place of the attorney general under                                           
20 AS 39.52.350 [(d) - (i) OF THIS SECTION, AS 39.52.320 - 39.52.350,] and                                                
21 39.52.360(c) and (d).                                                                                                   
22    * Sec. 93.  AS 39.52.310(d) is amended to read:                                                                      
23  (d)  The personnel board [ATTORNEY GENERAL] shall review each                                                       
24 complaint filed [,] to determine whether it is properly completed and contains                                          
25 allegations which, if true, would constitute conduct in violation of this chapter.  The                                
26 personnel board [ATTORNEY GENERAL] may require the complainant to provide                                              
27 additional information before accepting the complaint.  If the personnel board                                        
28 [ATTORNEY GENERAL] determines that the allegations in the complaint do not                                              
29 warrant an investigation, the personnel board [ATTORNEY GENERAL] shall dismiss                                        
30 the complaint with notice to the complainant and the subject of the complaint.                                          
31    * Sec. 94.  AS 39.52.310(e) is amended to read:                                                                      
01  (e)  The personnel board [ATTORNEY GENERAL] may refer a complaint                                                   
02 to the subject's designated supervisor for resolution under AS 39.52.210 or 39.52.220.                                  
03    * Sec. 95.  AS 39.52.310(f) is amended to read:                                                                      
04  (f)  If the personnel board [ATTORNEY GENERAL] accepts a complaint for                                              
05 investigation, the personnel board [ATTORNEY GENERAL] shall serve a copy of                                           
06 the complaint upon the subject of the complaint, for a response.  The personnel board                                 
07 [ATTORNEY GENERAL] may require the subject to provide, within 20 days after                                             
08 service, full and fair disclosure in writing of all facts and circumstances pertaining to                               
09 the alleged violation. Misrepresentation of a material fact in a response to the                                       
10 personnel board [ATTORNEY GENERAL] is a violation of this chapter.  Failure to                                         
11 answer within the prescribed time, or within any additional time period that may be                                     
12 granted in writing by the personnel board [ATTORNEY GENERAL], may be                                                  
13 considered an admission of the allegations in the complaint.                                                            
14    * Sec. 96.  AS 39.52.310(g) is amended to read:                                                                      
15  (g)  If a complaint is accepted under (f) of this section, the personnel board                                      
16 [ATTORNEY GENERAL] shall investigate to determine whether a violation of this                                           
17 chapter has occurred.  At any stage of an investigation or review, the personnel board                                
18 [ATTORNEY GENERAL] may issue a subpoena under AS 39.52.380.                                                             
19    * Sec. 97.  AS 39.52.320 is amended to read:                                                                         
20  Sec. 39.52.320.  DISMISSAL BEFORE FORMAL PROCEEDINGS.  If, after                                                      
21 investigation, it appears that there is no probable cause to believe that a violation of                                
22 this chapter has occurred, the personnel board [ATTORNEY GENERAL] shall                                               
23 dismiss the complaint and [PREPARE AND FILE A CONFIDENTIAL SUMMARY                                                      
24 WITH THE PERSONNEL BOARD.  THE ATTORNEY GENERAL] shall                                                                  
25 communicate disposition of the matter promptly to the complainant and to the subject                                    
26 of the complaint.                                                                                                       
27    * Sec. 98.  AS 39.52.330 is amended to read:                                                                         
28  Sec. 39.52.330.  CORRECTIVE OR PREVENTIVE ACTION.  After                                                              
29 determining that the conduct of the subject of a complaint does not warrant a hearing                                   
30 under AS 39.52.360, the personnel board [ATTORNEY GENERAL] shall recommend                                            
31 action to correct or prevent a violation of this chapter. The personnel board                                         
01 [ATTORNEY GENERAL] shall communicate the recommended action to the                                                      
02 complainant and the subject of the complaint.  The subject of the complaint shall                                       
03 comply with the personnel board's [ATTORNEY GENERAL'S] recommendation.                                                
04    * Sec. 99.  AS 39.52.340(a) is amended to read:                                                                      
05  (a)  Before the initiation of formal proceedings under AS 39.52.350,                                                  
06 information regarding an investigation conducted under this chapter, or obtained by the                                
07 personnel board [ATTORNEY GENERAL] during the investigation, is confidential.                                          
08 The personnel board [ATTORNEY GENERAL] and all persons contacted during the                                           
09 course of an investigation shall maintain confidentiality regarding the existence of the                                
10 investigation.  A person who violates this section is guilty of a class A misdemeanor.                                  
11    * Sec. 100.  AS 39.52.350 is amended to read:                                                                        
12  Sec. 39.52.350.  PROBABLE CAUSE FOR HEARING.  (a)  If the personnel                                                  
13 board [ATTORNEY GENERAL] determines that there is probable cause to believe                                            
14 that a knowing violation of this chapter or a violation that cannot be corrected under                                  
15 AS 39.52.330 has occurred, or that the subject of a complaint failed to comply with                                     
16 a recommendation for corrective or preventive action, the personnel board                                             
17 [ATTORNEY GENERAL] shall initiate formal proceedings by requesting the                                                 
18 attorney general to serve [SERVING] a copy of an accusation upon the subject of                                        
19 the accusation.  The accusation shall specifically set out the alleged violation.  After                                
20 service, the accusation is a public document open to inspection.  Except as provided                                    
21 in AS 39.52.370(c), all subsequent proceedings are open to the public.                                                  
22  (b)  The subject of the accusation shall file an answer with the personnel                                           
23 board and the attorney general within 20 days after service of the accusation, or at                                   
24 a later time specified by the personnel board [ATTORNEY GENERAL].  If the                                             
25 subject of the accusation fails to timely answer, the allegations are considered                                        
26 admitted.                                                                                                               
27  (c)  If the subject of the accusation denies that a violation of this chapter has                                     
28 occurred, the [ATTORNEY GENERAL SHALL REFER THE MATTER TO THE]                                                          
29 personnel board [, WHICH] shall appoint a hearing officer to conduct a hearing.                                         
30  (d)  If the subject of the accusation admits a violation of this chapter, the                                         
31 [ATTORNEY GENERAL SHALL REFER THE MATTER TO THE] personnel board                                                       
01 shall [TO] impose penalties under AS 39.52.410, 39.52.440, and 39.52.450, as                                           
02 appropriate.                                                                                                            
03    * Sec. 101.  AS 39.52.920 is amended to read:                                                                        
04  Sec. 39.52.920.  AGENCY POLICIES.  Subject to the review and approval of                                              
05 the personnel board [ATTORNEY GENERAL], an agency may adopt a written policy                                          
06 that, in addition to the requirements of this chapter, limits the extent to which a public                              
07 officer in the agency or an administrative unit of the agency may                                                       
08   (1)  acquire a personal interest in an organization or a financial interest                                          
09 in a business or undertaking that may benefit from official action taken or withheld by                                 
10 the agency or unit;                                                                                                     
11   (2)  have a personal or financial interest in a state grant, contract, lease,                                        
12 or loan administered by the agency or unit; or                                                                          
13   (3)  accept a gift.                                                                                                  
14    * Sec. 102.  AS 39.52.950 is amended to read:                                                                        
15  Sec. 39.52.950.  REGULATIONS.  The attorney general may adopt regulations                                             
16 under AS 44.62 ( [THE] Administrative Procedure Act) necessary to interpret and                                     
17 implement the provisions concerning complaints under this chapter.  The  personnel                                   
18 board may adopt regulations under AS 44.62 (Administrative Procedure Act)                                               
19 necessary to interpret and implement the other provisions of this chapter.                                             
20    * Sec. 103.  AS 39.52.960(11) is amended to read:                                                                    
21   (11)  "immediate family member" means                                                                                
22   (A)  the spouse of the person;                                                                                     
23   (B)  another person cohabiting with the person in a conjugal                                                        
24 relationship that is not a legal marriage; or                                                                           
25   (C)  a parent, child including a stepchild and an adoptive                                                          
26 child, and sibling of a person if the parent, child, or sibling resides with                                            
27 the person, is financially dependent on the person, or shares a substantial                                             
28 financial interest with the person [A PUBLIC OFFICER'S SPOUSE, A                                                       
29 RELATION BY BLOOD WITHIN AND INCLUDING THE SECOND                                                                       
30 DEGREE OF KINDRED, AND A REGULAR MEMBER OF THE OFFICER'S                                                                
31 HOUSEHOLD];                                                                                                             
01    * Sec. 104.   AS 39.52.960 is amended by adding a new paragraph to read:                                             
02   (23)  "state official" means the governor, the lieutenant governor, a                                                
03 person hired or appointed as the head or deputy head of a department in the executive                                   
04 branch or as the director of a division in a department in the executive branch, the                                    
05 chair or member of a state commission or board, as defined in AS 39.50.200(b), the                                      
06 executive director of the Alaska Tourism Marketing Council, an assistant to the                                         
07 governor or the lieutenant governor, a state investment officer, the state comptroller                                  
08 in the Department of Revenue, and a state employee who is not otherwise listed in this                                  
09 definition who is employed by an agency in the executive branch of state government                                     
10 in the exempt or partially exempt service and who is compensated at Range 21A or                                        
11 above on the state salary schedule under AS 39.27.011 or at more than $4,200 per                                        
12 month; however, "state official" does not include an employee who is a member of a                                      
13 collective bargaining unit.                                                                                             
14    * Sec. 105.  AS 44.62.175(a) is amended to read:                                                                     
15  (a)  The lieutenant governor shall publish or contract for the publication of the                                     
16 Alaska Administrative Journal. The journal shall be published weekly.  The journal                                      
17 must include                                                                                                            
18   (1)  notices of proposed actions given under AS 44.62.190(a);                                                        
19   (2)  notices of state agency meetings required under AS 44.62.310(e),                                                
20 even if the meeting has been held;                                                                                      
21   (3)  notices of solicitations to bid issued under AS 36.30.130;                                                      
22   (4)  notices of state agency requests for proposals issued under                                                     
23 AS 18.55.255, 18.55.320; AS 36.30.210; AS 37.05.316; AS 38.05.120; and                                                  
24 AS 43.40.010;                                                                                                           
25   (5)  executive orders and administrative orders issued by the governor;                                              
26   (6)  written delegations of authority made by the governor or the head                                               
27 of a principal department under AS 44.17.010;                                                                           
28   (7)  the text or a summary of the text of a regulation or order of repeal                                            
29 of a regulation for which notice is given under AS 44.62.190(a), including an                                           
30 emergency regulation or repeal whether or not it has taken effect;                                                      
31   (8)  a summary of the text of recently issued formal opinions and                                                    
01 memoranda of advice of the attorney general;                                                                            
02   (9)  a list of vacancies on boards, commissions, and other bodies whose                                              
03 members are appointed by the governor; and                                                                              
04   (10)  in accordance with AS 39.52.240(h), advisory opinions of the                                                  
05 personnel board [ATTORNEY GENERAL].                                                                                    
06    * Sec. 106.  Notwithstanding the amendments made to AS 39.52.240 - 39.52.250 by secs.                                
07 83 - 88 of this Act, a public officer or a former public officer may rely on an advisory opinion                        
08 given by the attorney general under AS 39.52.240 - 39.52.250 before the effective date of this                          
09 bill section to the same extent that the public officer or former public officer could have relied                      
10 on the opinion if those sections had not been amended by this Act.                                                      
11    * Sec. 107.  Section 28 of this Act takes effect only if an initiative relating to election                          
12 campaign financing and the Alaska Public Offices Commission is approved by the voters in                                
13 1996.                                                                                                                   
14    * Sec. 108.  If sec. 28 of this Act takes effect, it takes effect on the day after the initiative                    
15 described in sec. 107 of this Act takes effect.                                                                         
16    * Sec. 109.   Except as provided in sec. 108 of this Act, this Act takes effect January 1,                           
17 1997.