Alaska State Legislature

Home
Bill & Laws
Bills
HB 179 Detail
FullText

txt

HB 179: "An Act eliminating the Alaska Public Offices Commission and all campaign contribution and expenditure limits; repealing lobbying and conflict of interest statutes administered by the Alaska Public Offices Commission; relating to the definition of 'lobby,' 'lobbying,' and 'lobbyist'; repealing the required annual financial disclosures program administered by the Alaska Public Offices Commission; repealing the conflict of interest statutes administered by the Alaska Public Offices Commission; relating to reporting of campaign contributions and expenditures; amending the definition of 'contribution,' 'group,' and 'political party'; changing the residency requirements for candidates for public offices; and providing for criminal penalties for violation of these provisions."

00HOUSE BILL NO. 179 01 "An Act eliminating the Alaska Public Offices Commission and all campaign 02 contribution and expenditure limits; repealing lobbying and conflict of interest 03 statutes administered by the Alaska Public Offices Commission; relating to the 04 definition of 'lobby,' 'lobbying,' and 'lobbyist'; repealing the required annual 05 financial disclosures program administered by the Alaska Public Offices 06 Commission; repealing the conflict of interest statutes administered by the Alaska 07 Public Offices Commission; relating to reporting of campaign contributions and 08 expenditures; amending the definition of 'contribution,' 'group,' and 'political party'; 09 changing the residency requirements for candidates for public offices; and 10 providing for criminal penalties for violation of these provisions." 11 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 12 * Section 1. AS 05.15.150(a) is amended to read: 13 (a) The authority to conduct the activity authorized by this chapter is 14 contingent upon the dedication of the net proceeds of the charitable gaming activity

01 to the awarding of prizes to contestants or participants and to political, educational, 02 civic, public, charitable, patriotic, or religious uses in the state. "Political, educational, 03 civic, public, charitable, patriotic, or religious uses" means uses benefiting persons 04 either by bringing them under the influence of education or religion or relieving them 05 from disease, suffering, or constraint, or by assisting them in establishing themselves 06 in life, or by providing for the promotion of the welfare and well-being of the 07 membership of the organization within their own community, or through aiding 08 candidates for public office or groups that support candidates for public office, or by 09 erecting or maintaining public buildings or works, or lessening the burden on 10 government, but does not include 11 (1) the direct or indirect payment of any portion of the net proceeds of 12 a bingo or pull-tab game to a lobbyist [REGISTERED UNDER AS 24.45]; 13 (2) the erection, acquisition, improvement, maintenance, or repair of 14 real, personal, or mixed property unless it is used exclusively for one or more of the 15 permitted uses; or 16 (3) the direct or indirect payment of any portion of the net proceeds of 17 a charitable gaming activity, except the proceeds of a raffle and lottery, 18 (A) to aid candidates for public office or groups that support or 19 oppose candidates for public office; 20 (B) to a political party or to an organization affiliated with a 21 political party; or 22 (C) to a group, as that term is defined in AS 15.13.400, or a 23 political group, as that term is defined in AS 15.60, that seeks to influence the 24 outcome of an election. 25 * Sec. 2. AS 15.13.010(b) is amended to read: 26 (b) Except as otherwise provided, this chapter applies to contributions, 27 expenditures , and communications made by a candidate, group, political party, 28 municipality , or individual for the purpose of influencing the outcome of a ballot 29 proposition or question as well as those made to influence the nomination or election 30 of a candidate. 31 * Sec. 3. AS 15.13.010(d) is amended to read:

01 (d) This chapter does not limit the authority of a person to make contributions 02 to influence the outcome of a voter proposition submitted to the public for a vote at 03 a municipal election. In this subsection, in addition to its meaning under AS 15.60.010 04 [AS 15.13.065(c)], "proposition" means a municipal reclassification, proposal to adopt 05 or amend a home rule charter, a unification proposal, a boundary change proposal, 06 [OR] the approval of an ordinance when approval by public vote is a requirement for 07 the ordinance , or an issue placed on a ballot to determine whether 08 (1) a debt shall be contracted; 09 (2) an advisory question shall be approved or rejected; or 10 (3) a municipality shall be incorporated . 11 * Sec. 4. AS 15.13 is amended by adding a new section to read: 12 Sec. 15.13.015. Affidavit of candidate. A candidate for the state legislature, 13 for governor, or for lieutenant governor, including an individual campaigning as a 14 write-in candidate for the office of state legislator, governor, or lieutenant governor, 15 shall, with the person's declaration of candidacy or nominating petition, submit an 16 affidavit, signed under oath and notarized, to the division of elections stating that the 17 candidate 18 (1) is a resident of Alaska and intends to remain a resident of Alaska 19 indefinitely; 20 (2) has not claimed residency in another state during the preceding 21 calendar year; 22 (3) meets the permanent fund dividend program eligibility requirements 23 set out in AS 43.23.005(a)(4); and 24 (4) is familiar with the provisions of this chapter and the penalties for 25 violating a provision of this chapter. 26 * Sec. 5. AS 15.13 is amended by adding a new section to read: 27  Sec. 15.13.025. Full disclosure reports. (a) A candidate, group, political 28 party, municipality, or individual accepting a contribution or making an expenditure 29 for the purpose of influencing the outcome of an election shall fully disclose all 30 contributions and expenditures to the division of elections. 31 (b) A candidate, group, political party, municipality, or individual subject to

01 the disclosure requirement of (a) of this section shall make a full disclosure report 02 semi-monthly from the beginning of the campaign throughout the election year. The 03 final report is due on January 15th following the election. Full disclosure reports for 04 transactions conducted from the first day of each month through the 15th day of each 05 month shall be submitted by the 20th day of that month. Full disclosure reports for 06 transactions conducted from the 16th day of each month through the end of the month 07 shall be submitted by the fifth day of the following month. Each full disclosure report 08 must include a list of 09 (1) all expenditures, including method of payment, payee, description 10 of expenditure, and amount of expenditure; 11 (2) all contributions, including the name of each contributor and the 12 amount contributed by each contributor. 13 (c) Full disclosure reports shall be submitted electronically to the division of 14 elections' campaign disclosure web page or by hard copy hand delivered to the nearest 15 regional supervisor's office of the division of elections or addressed to the nearest 16 regional supervisor's office of the division of elections and postmarked no later than 17 the applicable deadline set out in (b) of this section. 18 (d) The division of elections shall, upon receipt of a full disclosure report, 19 make 20 (1) all of the information available to the public on the division of 21 elections' web page; and 22 (2) copies available for a reasonable fee at the regional office of the 23 division of elections where the report was filed. 24 (e) If a candidate, group, political party, municipality, or individual required 25 to file a full disclosure report fails to file a full disclosure report, the division of 26 elections shall, within five business days after the deadline, notify the candidate, group, 27 political party, municipality, or individual of that failure and post a notice on the 28 division of elections' web site that the candidate, group, political party, municipality, 29 or individual has failed to file a report. 30 * Sec. 6. AS 15.13 is amended by adding new sections to read: 31  Sec. 15.13.035. Penalties and enforcement. (a) A candidate, group, political

01 party, municipality, or individual who wilfully fails to disclose a contribution or 02 expenditure as required in AS 15.13.025 or who provides false information on a full 03 disclosure report is guilty of a class B misdemeanor and upon conviction is punishable 04 by a fine of not less than $500 or more than $1,000. 05 (b) The director may remove from the ballot the name of a candidate who is 06 convicted of wilfully failing to disclose a contribution or expenditure as required in 07 AS 15.13.025 or providing false information on a full disclosure report. A candidate 08 who has been convicted of wilfully failing to disclose a contribution or expenditure as 09 required in AS 15.13.025 or providing false information on a full disclosure report is 10 disqualified from holding the office sought. 11 (c) A candidate who misrepresents or recklessly omits a fact on an affidavit 12 required under AS 15.13.015 is subject to a civil fine of not more than $5,000. The 13 name of a candidate who misrepresents or recklessly omits a fact on an affidavit 14 required under AS 15.13.015 may be removed from the ballot. A candidate who has 15 been convicted of perjury for making a false statement on an affidavit required under 16 AS 15.13.015 or who has been found in a civil action to have misrepresented or 17 recklessly omitted a fact on an affidavit required under AS 15.13.015 is disqualified 18 from holding the office sought. 19 (d) The director shall immediately refer any suspected criminal violation of 20 this chapter to the district attorney for criminal prosecution. 21 (e) The attorney general or a qualified Alaska voter may bring a civil action 22 to enforce compliance with this chapter. The attorney general may bring a civil action 23 relating to violations under this chapter seeking damages. 24 Sec. 15.13.037. Regulations. The director may adopt regulations that are 25 necessary to implement this chapter. 26 * Sec. 7. AS 15.13.050(a) is amended to read: 27 (a) Before making an expenditure in support of or in opposition to a candidate 28 or before making an expenditure in support of or in opposition to a ballot proposition 29 or question, each person other than an individual shall register, on forms provided by 30 the division of elections [COMMISSION], with the division of elections 31 [COMMISSION].

01 * Sec. 8. AS 15.13.060(a) is amended to read: 02 (a) Each political party shall appoint a treasurer, and each candidate and 03 group shall appoint a campaign treasurer , who is responsible for receiving, holding, 04 and disbursing all contributions and expenditures, and for filing all reports and 05 statements required by law. A candidate may be a campaign treasurer. 06 * Sec. 9. AS 15.13.060(b) is amended to read: 07 (b) Each group or political party shall file the name and address of its 08 [CAMPAIGN] treasurer with the division of elections [COMMISSION] at the time 09 it registers with the division of elections [COMMISSION] under AS 15.13.050. 10 * Sec. 10. AS 15.13.060(c) is amended to read: 11 (c) Each candidate for state office shall file the name and address of the 12 campaign treasurer with the commission, or submit, in writing, the name and address 13 of the campaign treasurer to the director for filing with the division of elections 14 [COMMISSION], no later than 15 days after the date of filing the declaration of 15 candidacy or the nominating petition. Each candidate for municipal office shall file 16 the name and address of the campaign treasurer with the division of elections 17 [COMMISSION] no later than seven days after the date of filing the declaration of 18 candidacy or the nominating petition. If the candidate does not designate a campaign 19 treasurer, the candidate is the campaign treasurer. 20 * Sec. 11. AS 15.13.060(d) is amended to read: 21 (d) In the case of the death, resignation , or removal of a campaign treasurer, 22 the candidate shall appoint a successor as soon as practicable and file the successor's 23 name and address with the division of elections [COMMISSION] within 48 hours of 24 the appointment. [THE CANDIDATE IS DISQUALIFIED IF FOUND TO HAVE 25 BEEN IN WILFUL VIOLATION OF THIS SUBSECTION.] 26 * Sec. 12. AS 15.13.400(1) is amended to read: 27 (1) "candidate" 28 [(A)] means an individual who qualifies for state office under 29 AS 15.13.015 and files for election to the state legislature, for governor, for 30 lieutenant governor, for municipal office, for retention in judicial office, or for 31 constitutional convention delegate, or who campaigns as a write-in candidate

01 for any of these offices; [AND 02 (B) WHEN USED IN A PROVISION OF THIS CHAPTER 03 THAT LIMITS OR PROHIBITS THE DONATION, SOLICITATION, OR 04 ACCEPTANCE OF CAMPAIGN CONTRIBUTIONS, OR LIMITS OR 05 PROHIBITS AN EXPENDITURE, INCLUDES 06 (i) A CANDIDATE'S CAMPAIGN TREASURER AND 07 A DEPUTY CAMPAIGN TREASURER; 08 (ii) A MEMBER OF THE CANDIDATE'S 09 IMMEDIATE FAMILY; 10 (iii) A PERSON ACTING AS AGENT FOR THE 11 CANDIDATE; 12 (iv) THE CANDIDATE'S CAMPAIGN COMMITTEE; 13 AND 14 (v) A GROUP THAT MAKES EXPENDITURES OR 15 RECEIVES CONTRIBUTIONS WITH THE AUTHORIZATION OR 16 CONSENT, EXPRESS OR IMPLIED, OR UNDER THE CONTROL, 17 DIRECT OR INDIRECT, OF THE CANDIDATE;] 18 * Sec. 13. AS 15.13.400(3) is amended to read: 19 (3) "contribution" 20 (A) means a purchase, payment, promise or obligation to pay, 21 loan or loan guarantee, deposit or gift of money, goods, or services for which 22 charge is ordinarily made and that is made for the purpose of influencing the 23 nomination or election of a candidate, and in AS 15.13.010(b) for the purpose 24 of influencing a ballot proposition or question, including the payment by a 25 person other than a candidate or political party, or compensation for the 26 personal services of another person, that are rendered to the candidate or 27 political party; 28 (B) does not include 29 (i) services provided without compensation by 30 individuals volunteering a portion or all of their time on behalf of a 31 candidate or ballot proposition or question ; or

01 (ii) [, BUT IT DOES INCLUDE PROFESSIONAL 02 SERVICES VOLUNTEERED BY INDIVIDUALS FOR WHICH THEY 03 ORDINARILY WOULD BE PAID A FEE OR WAGE; 04 (ii) SERVICES PROVIDED BY AN ACCOUNTANT 05 OR OTHER PERSON TO PREPARE REPORTS AND STATEMENTS 06 REQUIRED BY THIS CHAPTER; OR 07 (iii)] ordinary hospitality in a home; 08 * Sec. 14. AS 15.13.400(5) is amended to read: 09 (5) "group" means 10 (A) [EVERY STATE AND REGIONAL EXECUTIVE 11 COMMITTEE OF A POLITICAL PARTY; AND 12 (B)] any combination of two or more individuals acting jointly 13 who organize for the principal purpose of influencing the outcome of one or 14 more elections and who take action the major purpose of which is to influence 15 the outcome of an election , except a political party is not considered a 16 group ; [A GROUP THAT MAKES EXPENDITURES OR RECEIVES 17 CONTRIBUTIONS WITH THE AUTHORIZATION OR CONSENT, 18 EXPRESS OR IMPLIED, OR UNDER THE CONTROL, DIRECT OR 19 INDIRECT, OF A CANDIDATE SHALL BE CONSIDERED TO BE 20 CONTROLLED BY THAT CANDIDATE; A GROUP WHOSE MAJOR 21 PURPOSE IS TO FURTHER THE NOMINATION, ELECTION, OR 22 CANDIDACY OF ONLY ONE INDIVIDUAL, OR INTENDS TO EXPEND 23 MORE THAN 50 PERCENT OF ITS MONEY ON A SINGLE CANDIDATE, 24 SHALL BE CONSIDERED TO BE CONTROLLED BY THAT CANDIDATE 25 AND ITS ACTIONS DONE WITH THE CANDIDATE'S KNOWLEDGE 26 AND CONSENT UNLESS, WITHIN 10 DAYS FROM THE DATE THE 27 CANDIDATE LEARNS OF THE EXISTENCE OF THE GROUP THE 28 CANDIDATE FILES WITH THE COMMISSION, ON A FORM PROVIDED 29 BY THE COMMISSION, AN AFFIDAVIT THAT THE GROUP IS 30 OPERATING WITHOUT THE CANDIDATE'S CONTROL; A GROUP 31 ORGANIZED FOR MORE THAN ONE YEAR PRECEDING AN ELECTION

01 AND ENDORSING CANDIDATES FOR MORE THAN ONE OFFICE OR 02 MORE THAN ONE POLITICAL PARTY IS PRESUMED NOT TO BE 03 CONTROLLED BY A CANDIDATE; HOWEVER, A GROUP THAT 04 CONTRIBUTES MORE THAN 50 PERCENT OF ITS MONEY TO OR ON 05 BEHALF OF ONE CANDIDATE SHALL BE CONSIDERED TO SUPPORT 06 ONLY ONE CANDIDATE FOR PURPOSES OF AS 15.13.070, WHETHER 07 OR NOT CONTROL OF THE GROUP HAS BEEN DISCLAIMED BY THE 08 CANDIDATE;] 09 * Sec. 15. AS 15.13.400(10) is amended to read: 10 (10) "political party" means 11 (A) an organized group of voters that represents a political 12 program and that either nominated a candidate for governor who received at 13 least three percent of the total votes cast for governor at the [ANY ONE OF 14 THE LAST FIVE] preceding general election [ELECTIONS] or has registered 15 voters in the state equal in number to at least three percent of the total 16 votes cast for governor at the preceding general election ; and 17 (B) every state and regional executive committee of [A 18 SUBORDINATE UNIT OF THE ORGANIZED GROUP OF VOTERS 19 QUALIFYING AS] a political party [UNDER (A) OF THIS PARAGRAPH IF, 20 CONSISTENT WITH THE RULES OR BYLAWS OF THE POLITICAL 21 PARTY, THE UNIT CONDUCTS OR SUPPORTS CAMPAIGN 22 OPERATIONS IN A MUNICIPALITY, NEIGHBORHOOD, ELECTION 23 DISTRICT, OR PRECINCT]; 24 * Sec. 16. AS 15.56.014(a) is amended to read: 25 (a) A person commits the crime of campaign misconduct in the second degree 26 if the person 27 (1) knowingly circulates or has written, printed , or circulated a letter, 28 circular, or publication relating to an election, to a candidate at an election, or to an 29 election proposition or question without the name and address of the author appearing 30 on its face; 31 (2) [EXCEPT AS PROVIDED BY AS 15.13.090(b),] knowingly prints

01 or publishes an advertisement, billboard, placard, poster, handbill, paid-for television 02 or radio announcement, or other communication intended to influence the election of 03 a candidate or outcome of a ballot proposition or question without the words "paid for 04 by" followed by the name and address of the candidate, group, or individual paying 05 for the advertising or communication and, if a candidate or group, with the name of 06 the campaign chair; 07 (3) knowingly writes or prints and circulates, or has written, printed , 08 and circulated, a letter, circular, bill, placard, poster, or advertisement in a newspaper, 09 on radio , or on television 10 (A) containing false factual information relating to a candidate 11 for an election; 12 (B) that the person knows to be false; and 13 (C) that would provoke a reasonable person under the 14 circumstances to a breach of the peace or that a reasonable person would 15 construe as damaging to the candidate's reputation for honesty, integrity, or the 16 candidate's qualifications to serve if elected to office. 17 * Sec. 17. AS 18.26.030(b) is amended to read: 18 (b) The four public members appointed under (a)(4) of this section serve for 19 staggered four-year terms. Each must be a resident of the state and a qualified voter 20 at the time of appointment [AND SHALL COMPLY WITH THE REQUIREMENTS 21 OF AS 39.50 (CONFLICT OF INTEREST)]. Each member shall hold office for the 22 term of the appointment and until a successor has been appointed and qualified. A 23 member is eligible for reappointment. A vacancy on the board of directors occurring 24 other than by expiration of term shall be filled in the same manner as the original 25 appointment but for the unexpired term only. Each member of the board before 26 entering upon the duties of office shall take and subscribe to an oath to perform the 27 duties of office faithfully, impartially, and justly to the best of the member's ability. 28 A record of the oath shall be filed in the Office of the Governor. 29 * Sec. 18. AS 24.60.070(a) is amended to read: 30 (a) A legislator or legislative employee shall disclose to the committee, which 31 shall maintain a public record of the disclosure and forward the disclosure to the

01 respective house for inclusion in the journal, the formation or maintenance of a close 02 economic association involving a substantial financial matter with 03 (1) a supervisor who is not a member of the legislature who has 04 responsibility or authority, either directly or indirectly, over the person's employment, 05 including preparing or reviewing performance evaluations, or granting or approving 06 pay raises or promotions; this paragraph does not apply to a public member of the 07 committee; 08 (2) legislators; 09 (3) a public official who is [REQUIRED TO FILE A FINANCIAL 10 DISCLOSURE STATEMENT UNDER AS 39.50 AND IS] not an appointed municipal 11 officer; 12 (4) a [REGISTERED] lobbyist; or 13 (5) a legislative employee if the person required to make the disclosure 14 is a legislator. 15 * Sec. 19. AS 24.60.080(d) is amended to read: 16 (d) A legislator or legislative employee who accepts a gift under (c)(4) of this 17 section that has a value of $250 or more shall disclose to the committee, within 30 18 days after receipt of the gift, the name and occupation of the donor and the 19 approximate value of the gift. A legislator or legislative employee who accepts a gift 20 under (c)(8) of this section that the recipient expects will have a value of $250 or more 21 in the calendar year shall disclose to the committee, within 30 days after receipt of the 22 gift, the name and occupation of the donor, a general description of the matter of 23 legislative concern with respect to which the gift is made, and the approximate value 24 of the gift. The committee shall maintain a public record of the disclosures it receives 25 relating to gifts under (c)(4) and (8) of this section and shall forward the disclosures 26 to the appropriate house for inclusion in the journal. [THE COMMITTEE SHALL 27 FORWARD TO THE ALASKA PUBLIC OFFICES COMMISSION COPIES OF THE 28 DISCLOSURES CONCERNING GIFTS UNDER (c)(4) AND (8) OF THIS SECTION 29 THAT IT RECEIVES FROM LEGISLATORS AND LEGISLATIVE DIRECTORS.] 30 A legislator or legislative employee who accepts a gift under (c)(6) of this section that 31 has a value of $250 or more shall disclose to the committee annually on or before

01 March 15 the name and occupation of the donor and a description of the gift. The 02 committee shall maintain disclosures relating to gifts under (c)(6) of this section as 03 confidential records and may only use, or permit a committee employee or contractor 04 to use, a disclosure under (c)(6) of this section in the investigation of a possible 05 violation of this section or in a proceeding under AS 24.60.170. If the disclosure under 06 (c)(6) of this section becomes part of the record of a proceeding under AS 24.60.170, 07 the confidentiality provisions of that section apply to the disclosure. 08 * Sec. 20. AS 24.60.080(e) is amended to read: 09 (e) A political contribution is not a gift under this section if it is reported 10 under AS 15.13.025 [AS 15.13.040 OR IS EXEMPT FROM THE REPORTING 11 REQUIREMENT UNDER AS 15.13.040(g)]. The use of a bulk mailing permit owned 12 by a legislator's campaign committee or used in a legislator's election campaign is not 13 a gift to that legislator under this section. 14 * Sec. 21. AS 24.60.130(f) is amended to read: 15 (f) The committee may contract for professional services and may employ staff 16 as it considers necessary. A committee employee, including a person who provides 17 personal services under a contract with the committee, may not be a legislator, an 18 elected or appointed official of a state or local governmental entity, an officer of a 19 political party, a candidate for public office, or a [REGISTERED] lobbyist. The 20 legislative council shall provide office space, equipment, and additional staff support 21 for the committee. The committee shall submit a budget for each fiscal year to the 22 finance committees of the legislature and shall annually submit an estimated budget 23 to the governor for information purposes in preparation of the state operating budget. 24 Public members of the committee serve without compensation for their services, but 25 are entitled to per diem and travel expenses authorized for boards and commissions 26 under AS 39.20.180. 27 * Sec. 22. AS 24.60.130(m) is amended to read: 28 (m) Except as provided in (b)(1) and (2) of this section, a member may not 29 be a legislator, a legislative employee, an elected or appointed official [REQUIRED 30 TO MAKE CONFLICT-OF-INTEREST DISCLOSURES UNDER AS 39.50], an 31 officer of a political party, a candidate for public office, or a [REGISTERED] lobbyist.

01 * Sec. 23. AS 24.60.170(l) is amended to read: 02 (l) Proceedings of the committee relating to complaints before it are 03 confidential until the committee determines that there is probable cause to believe that 04 a violation of this chapter has occurred. The complaint and all documents produced 05 or disclosed as a result of the committee investigation are confidential and not subject 06 to inspection by the public. If , in the course of an investigation or probable cause 07 determination , the committee finds evidence of probable criminal activity, the 08 committee shall transmit a statement and factual findings limited to that activity to the 09 appropriate law enforcement agency. [IF THE COMMITTEE FINDS EVIDENCE OF 10 A PROBABLE VIOLATION OF AS 15.13, THE COMMITTEE SHALL TRANSMIT 11 A STATEMENT TO THAT EFFECT AND FACTUAL FINDINGS LIMITED TO 12 THE PROBABLE VIOLATION TO THE ALASKA PUBLIC OFFICES 13 COMMISSION.] All meetings of the committee before the determination of probable 14 cause are closed to the public and to legislators who are not members of the 15 committee. However, the committee may permit the subject of the complaint to attend 16 a meeting other than the deliberations on probable cause. The confidentiality 17 provisions of this subsection may be waived by the subject of the complaint. 18 * Sec. 24. AS 24.60.990(a)(11) is amended to read: 19 (11) "lobbyist" means a person who 20 (A) is employed and receives payments, or who contracts for 21 economic consideration, including reimbursement for reasonable travel and 22 living expenses, to communicate directly or through the person's agents 23 with any public official for the purpose of influencing legislative or 24 administrative action if a substantial or regular portion of the activities for 25 which the person receives consideration is for the purpose of influencing 26 legislative or administrative action; or 27 (B) represents oneself as engaging in the influencing of 28 legislative or administrative action as a business, occupation, or profession 29 [REQUIRED TO REGISTER UNDER AS 24.45.041 AND IS DESCRIBED 30 UNDER AS 24.45.171(8)(A), BUT DOES NOT INCLUDE A VOLUNTEER 31 LOBBYIST DESCRIBED IN AS 24.45.161(a)(1) OR A

01 REPRESENTATIONAL LOBBYIST AS DEFINED UNDER REGULATIONS 02 OF THE ALASKA PUBLIC OFFICES COMMISSION]; 03 * Sec. 25. AS 39.52.180(d) is amended to read: 04 (d) A former governor, lieutenant governor, or head of a principal department 05 in the executive branch may not engage in activity as a lobbyist [UNDER AS 24.45] 06 for a period of one year after leaving service as the governor, lieutenant governor, or 07 department head, as appropriate. [THIS SUBSECTION DOES NOT PROHIBIT 08 SERVICE AS A VOLUNTEER LOBBYIST DESCRIBED IN AS 24.45.161(a)(1) OR 09 A REPRESENTATIONAL LOBBYIST AS DEFINED UNDER REGULATIONS OF 10 THE ALASKA PUBLIC OFFICES COMMISSION.] 11 * Sec. 26. AS 39.52.340(a) is amended to read: 12 (a) Except as provided in AS 39.52.335, before the initiation of formal 13 proceedings under AS 39.52.350, the complaint and all other documents and 14 information regarding an investigation conducted under this chapter or obtained by the 15 attorney general during the investigation are confidential and not subject to inspection 16 by the public. In the case of a complaint concerning the governor, lieutenant governor, 17 or attorney general, all meetings of the personnel board concerning the complaint and 18 investigation before the determination of probable cause are closed to the public. If, 19 in the course of an investigation or probable cause determination, the attorney general 20 finds evidence of probable criminal activity, the attorney general shall transmit a 21 statement and factual findings limited to that activity to the appropriate law 22 enforcement agency. [IF THE ATTORNEY GENERAL FINDS EVIDENCE OF A 23 PROBABLE VIOLATION OF AS 15.13, THE ATTORNEY GENERAL SHALL 24 TRANSMIT A STATEMENT TO THAT EFFECT AND FACTUAL FINDINGS 25 LIMITED TO THE PROBABLE VIOLATION TO THE ALASKA PUBLIC OFFICES 26 COMMISSION.] The attorney general and all persons contacted during the course of 27 an investigation shall maintain confidentiality regarding the existence of the 28 investigation. 29 * Sec. 27. AS 44.85.030 is amended to read: 30 Sec. 44.85.030. Membership and vacancies. The bond bank authority 31 consists of the following five directors: the commissioner of revenue, the commissioner

01 of community and regional affairs, who shall each be a director ex officio with voting 02 privileges, and three directors appointed by the governor. The appointment of each 03 director other than the commissioner of revenue and the commissioner of community 04 and regional affairs is subject to confirmation by the legislature. The three directors 05 appointed by the governor serve at the governor's pleasure for four-year terms. They 06 must be residents of the state and qualified voters at the time of appointment [AND 07 SHALL COMPLY WITH THE REQUIREMENTS OF AS 39.50 (CONFLICT OF 08 INTEREST)]. Each director shall hold office for the term of appointment and until 09 a successor has been appointed and qualified. A director is eligible for reappointment. 10 A vacancy in a directorship occurring other than by expiration of term shall be filled 11 in the same manner as the original appointment but for the unexpired term only. Each 12 director before entering upon the duties of office shall take and subscribe to an oath 13 to perform the duties faithfully, impartially, and justly to the best of the director's 14 ability. A record of the oath shall be filed in the office of the governor. 15 * Sec. 28. AS 44.99.030(b) is amended to read: 16 (b) In this section, 17 [(1)] "lobby [A MUNICIPALITY OR AN AGENCY OF A 18 MUNICIPALITY]" means to engage in an activity for the purpose of influencing 19 [MUNICIPAL] legislative or administrative action [IF THE ACTIVITY IS 20 SUBSTANTIALLY THE SAME AS ACTIVITY THAT WOULD HAVE REQUIRED 21 REGISTRATION UNDER AS 24.45.121 IF THE ACTIVITY WAS FOR THE 22 PURPOSE OF INFLUENCING STATE LEGISLATIVE OR ADMINISTRATIVE 23 ACTION; 24 (2) "LOBBY THE STATE OR AN AGENCY OF THE STATE" 25 MEANS TO ENGAGE IN AN ACTIVITY FOR WHICH REGISTRATION IS 26 REQUIRED UNDER AS 24.45.121]. 27 * Sec. 29. AS 45.68.120(a) is amended to read: 28 (a) Registration is not required under AS 45.68.010 for 29 (1) a church or religious organization that is exempt from filing a 30 federal annual information return under 26 U.S.C. 6033(a)(2)(A); 31 (2) a candidate for national, state, or local office, and a political party

01 or other committee or group if the candidate, party, committee, or group is required 02 to file a full disclosure report under AS 15.13.025 or financial information [WITH 03 THE ALASKA PUBLIC OFFICES COMMISSION UNDER AS 15.13 OR] with the 04 Federal Election Commission under 2 U.S.C. 431 - 456 (Federal Election Campaign 05 Act); 06 (3) a charitable organization that does not intend to raise or receive 07 contributions, excluding government grants, in excess of $5,000 during a fiscal year 08 of the charitable organization, or that does not intend to receive contributions from 09 more than 10 persons during a fiscal year of the charitable organization if, in either 10 situation, 11 (A) all of the organization's functions, including solicitation, are 12 performed by persons who are not paid for their services; and 13 (B) an officer or member of the organization is not paid or does 14 not otherwise receive all or a part of the assets or income of the charitable 15 organization; 16 (4) a person or municipality who has a permit under AS 05.15.100. 17 * Sec. 30. AS 15.13.020, 15.13.030, 15.13.040, 15.13.045, 15.13.050(b), 15.13.065, 18 15.13.070, 15.13.072, 15.13.074, 15.13.076, 15.13.078, 15.13.080, 15.13.082, 15.13.084, 19 15.13.086, 15.13.090, 15.13.095, 15.13.100, 15.13.110, 15.13.112, 15.13.114, 15.13.116, 20 15.13.120, 15.13.122, 15.13.125, 15.13.135, 15.13.140, 15.13.145, 15.13.150, 15.13.155, 21 15.13.400(2), 15.13.400(7); AS 15.25.030(b), 15.25.030(c), 15.25.180(b), 15.25.180(c); 22 AS 24.45.011, 24.45.021, 24.45.031, 24.45.041, 24.45.051, 24.45.061, 24.45.071, 24.45.081, 23 24.45.091, 24.45.101, 24.45.111, 24.45.116, 24.45.121, 24.45.131, 24.45.141, 24.45.151, 24 24.45.161, 24.45.171, 24.45.181; AS 24.60.200, 24.60.210, 24.60.220, 24.60.230, 24.60.240, 25 24.60.250, 24.60.260; 24.60.990(a)(13); AS 31.05.025(a); AS 37.10.230(a); AS 37.13.110(a); 26 AS 39.25.120(c)(16); AS 39.50.010, 39.50.020, 39.50.030, 39.50.035, 39.50.040, 39.50.050, 27 39.50.060, 39.50.070, 39.50.080, 39.50.090, 39.50.100, 39.50.110, 39.50.130, 39.50.135, 28 39.50.145, 39.50.200; AS 43.05.085; AS 44.25.028(a); AS 44.62.330(a)(39) and 29 AS 46.13.110(g) are repealed.