CSHB 157(STA): "An Act authorizing the Alaska Public Offices Commission to issue advisory opinions; amending campaign financial disclosure requirements; amending the definition of 'administrative action' and 'lobbyist'; amending limits on campaign contributions from nonresident individuals; providing for electronic filing of certain documents with the Alaska Public Offices Commission; amending the notice provision when a candidate makes a loan to the candidate's own campaign; amending provisions governing the distribution of unused campaign contributions; providing for expedited consideration of, and modifying procedures for determining, violations of state election campaign laws; amending the time period within which to file an administrative complaint of a violation of state election campaign laws; amending the definition of 'political party' for state election campaigns; amending the requirements for the reporting of financial interests by public officials; repealing the prohibition on campaign contribution solicitations and acceptances while the legislature is in session and in the capital city; repealing the requirement for civic leagues and organizations to report contributions to influence legislative action; making conforming amendments; and providing for an effective date."
00 CS FOR HOUSE BILL NO. 157(STA) 01 "An Act authorizing the Alaska Public Offices Commission to issue advisory opinions; 02 amending campaign financial disclosure requirements; amending the definition of 03 'administrative action' and 'lobbyist'; amending limits on campaign contributions from 04 nonresident individuals; providing for electronic filing of certain documents with the 05 Alaska Public Offices Commission; amending the notice provision when a candidate 06 makes a loan to the candidate's own campaign; amending provisions governing the 07 distribution of unused campaign contributions; providing for expedited consideration 08 of, and modifying procedures for determining, violations of state election campaign 09 laws; amending the time period within which to file an administrative complaint of a 10 violation of state election campaign laws; amending the definition of 'political party' for 11 state election campaigns; amending the requirements for the reporting of financial 12 interests by public officials; repealing the prohibition on campaign contribution
01 solicitations and acceptances while the legislature is in session and in the capital city; 02 repealing the requirement for civic leagues and organizations to report contributions to 03 influence legislative action; making conforming amendments; and providing for an 04 effective date." 05 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 06 * Section 1. AS 15.13.030 is amended to read: 07 Sec. 15.13.030. Duties of the commission. The commission shall 08 (1) develop and provide all forms for the reports and statements 09 required to be made under this chapter, AS 24.45, and AS 39.50; 10 (2) prepare and publish a manual setting out uniform methods of 11 bookkeeping and reporting for use by persons required to make reports and statements 12 under this chapter and otherwise assist candidates, groups, and individuals in 13 complying with the requirements of this chapter; 14 (3) receive and hold open for public inspection reports and statements 15 required to be made under this chapter and, upon request, furnish copies at cost to 16 interested persons; 17 (4) compile and maintain a current list of all filed reports and 18 statements; 19 (5) prepare a summary of each report filed under AS 15.13.110 and 20 make copies of this summary available to interested persons at their actual cost; 21 (6) notify, by registered or certified mail, all persons who are 22 delinquent in filing reports and statements required to be made under this chapter; 23 (7) examine, investigate, and compare all reports, statements, and 24 actions required by this chapter, AS 24.45, and AS 39.50; 25 (8) prepare and publish a biennial report concerning the activities of 26 the commission, the effectiveness of this chapter, its enforcement by the attorney 27 general's office, and recommendations and proposals for change; the commission shall 28 notify the legislature that the report is available; 29 (9) adopt regulations necessary to implement and clarify the provisions
01 of AS 24.45, AS 39.50, and this chapter, subject to the provisions of AS 44.62 02 (Administrative Procedure Act); and 03 (10) consider a written request for an advisory opinion concerning 04 the application of this chapter, AS 24.45, AS 24.60.200 - 24.60.260, or AS 39.50. 05 * Sec. 2. AS 15.13.040(a) is amended to read: 06 (a) Except as provided in (g) and (m) of this section, each candidate shall 07 make a full report, upon a form prescribed by the commission, listing (1) the date and 08 amount of all expenditures made by the candidate, (2) the total amount of all 09 contributions, including all funds contributed by the candidate, and (3) for all 10 contributions in excess of $100 in the aggregate a year, the name, address, principal 11 occupation, and employer of the contributor and the date and amount contributed by 12 each contributor. The report shall be filed in accordance with AS 15.13.110 and shall 13 be certified correct by the candidate or campaign treasurer. Nothing in this 14 subsection prevents a candidate from reporting all contributions if desired by the 15 candidate. 16 * Sec. 3. AS 15.13.040(b) is amended to read: 17 (b) Except as provided in (m) of this section, each [EACH] group shall 18 make a full report upon a form prescribed by the commission, listing 19 (1) the name and address of each officer and director; 20 (2) the aggregate amount of all contributions made to it; and for all 21 contributions in excess of $100 in the aggregate a year, the name, address, principal 22 occupation, and employer of the contributor, and the date and amount contributed by 23 each contributor; for purposes of this paragraph, "contributor" means the true source 24 of the funds, property, or services being contributed; and 25 (3) the date and amount of all contributions made by it and all 26 expenditures made, incurred, or authorized by it. 27 * Sec. 4. AS 15.13.040(j) is amended to read: 28 (j) Except as provided in (m) of this section, each [EACH] nongroup entity 29 shall make a full report in accordance with AS 15.13.110 upon a form prescribed by 30 the commission and certified by the nongroup entity's treasurer, listing 31 (1) the name and address of each officer and director of the nongroup
01 entity; 02 (2) the aggregate amount of all contributions made to the nongroup 03 entity for the purpose of influencing the outcome of an election; and, for all such 04 contributions in excess of $100 in the aggregate a year, the name, address, principal 05 occupation, and employer of the contributor, and the date and amount contributed by 06 each contributor; for purposes of this paragraph, "contributor" means the true source 07 of the funds, property, or services being contributed; and 08 (3) the date and amount of all contributions made by the nongroup 09 entity, and, except as provided for certain independent expenditures in 10 AS 15.13.135(a), all expenditures made, incurred, or authorized by the nongroup 11 entity, for the purpose of influencing the outcome of an election; a nongroup entity 12 shall report contributions made to a different nongroup entity for the purpose of 13 influencing the outcome of an election and expenditures made on behalf of a different 14 nongroup entity for the purpose of influencing the outcome of an election as soon as 15 the total contributions and expenditures to that nongroup entity for the purpose of 16 influencing the outcome of an election reach $500 in a year and for all subsequent 17 contributions and expenditures to that nongroup entity in a year whenever the total 18 contributions and expenditures to that nongroup entity for the purpose of influencing 19 the outcome of an election that have not been reported under this paragraph reach 20 $500. 21 * Sec. 5. AS 15.13.040 is amended by adding new subsections to read: 22 (l) Upon request of the commission, the information required under this 23 chapter shall be submitted electronically. 24 (m) Notwithstanding (a), (b), and (j) of this section, for any fund raising 25 activity in which contributions are in amounts or values that do not exceed $50 a 26 person, the candidate, group, or nongroup entity shall report contributions and 27 expenditures and supplying of services under this subsection as follows: 28 (1) a report under this subsection must 29 (A) describe the fund raising activity; 30 (B) include the number of persons making contributions and 31 the total proceeds from the activity;
01 (C) report all contributions made for the fund raising activity 02 that do not exceed $50 a person in amount or value; if a contribution for the 03 fund raising activity exceeds $50, the contribution shall be reported under (a), 04 (b), and (j) of this section; 05 (2) for purposes of this subsection, 06 (A) "contribution" means a cash donation, a purchase such as 07 the purchase of a ticket, the purchase of goods or services offered for sale at a 08 fund raising activity, or a donation of goods or services for the fund raising 09 activity; 10 (B) "fund raising activity" means an activity, event, or sale of 11 goods undertaken by a candidate, group, or nongroup entity in which 12 contributions are $50 a person or less in amount or value. 13 * Sec. 6. AS 15.13.072(e) is amended to read: 14 (e) A candidate or an individual who has filed with the commission the 15 document necessary to permit that individual to incur election-related expenses under 16 AS 15.13.100 may solicit or accept contributions from an individual who is not a 17 resident of the state at the time the contribution is made if the amounts contributed by 18 individuals who are not residents do not exceed 19 (1) $20,000 a calendar year, if the candidate or individual is seeking 20 the office of governor or lieutenant governor; 21 (2) $5,000 a calendar year, if the candidate or individual is seeking 22 the office of state senator; 23 (3) $3,000 a calendar year, if the candidate or individual is seeking 24 the office of state representative or municipal or other office. 25 * Sec. 7. AS 15.13.074(g) is amended to read: 26 (g) An individual required to register as a lobbyist under AS 24.45 may not 27 make a contribution to a candidate for the legislature at any time the individual is 28 subject to the registration requirement under as 24.45 and for one year after the date of 29 the individual's initial registration or its renewal. However, the individual may make a 30 contribution under this section to a candidate for the legislature in a district in which 31 the individual is eligible to vote or will be eligible to vote on the date of the election.
01 An individual who is subject to the restrictions of this subsection shall report to the 02 commission, on a form provided by the commission, each contribution made while 03 required to register as a lobbyist under AS 24.45. Upon request of the commission, 04 the information required under this subsection shall be submitted electronically. 05 This subsection does not apply to a representational lobbyist as defined in regulations 06 of the commission. 07 * Sec. 8. AS 15.13.074(h) is amended to read: 08 (h) Notwithstanding AS 15.13.070, a candidate for governor or lieutenant 09 governor and a group that is not a political party and that, under the definition of the 10 term "group," is presumed to be controlled by a candidate for governor or lieutenant 11 governor, may not make a contribution to a candidate for another office, to a person 12 who conducts a write-in campaign as a candidate for other office, or to another group 13 of amounts received by that candidate or controlled group as contributions between 14 January 1 and the date of the general election of the year of a general election for an 15 election for governor and lieutenant governor. This subsection does not prohibit 16 (1) the group described in this subsection from making contributions to 17 the candidates for governor and lieutenant governor whom the group supports; or 18 (2) the governor or lieutenant governor, or the group described in this 19 subsection, from making contributions of unused contributions to a political party 20 within 90 days after an election [UNDER AS 15.13.116(a)(2)(A)]. 21 * Sec. 9. AS 15.13.078(b) is amended to read: 22 (b) The provisions of this chapter do not prohibit the individual who is a 23 candidate from lending any amount to the campaign of the candidate. Loans made by 24 the candidate shall be reported as contributions in accordance with AS 15.13.040 and 25 15.13.110. However, the candidate may not 26 [(1)] recover, under this section and AS 15.13.116(a)(4), the amount of 27 a loan made by the candidate to the candidate's own campaign that exceeds 28 (1) [(A)] $25,000, if the candidate ran for governor or lieutenant 29 governor; 30 (2) [(B)] $10,000, if the candidate ran for 31 (A) [(i)] the legislature; or
01 (B) [(ii)] delegate to a constitutional convention; 02 (3) [(C)] $10,000, if the candidate was a judge seeking retention; 03 (4) [(D)] $5,000, if the candidate ran in a municipal election [; OR 04 (2) REPAY A LOAN THAT THE CANDIDATE HAS MADE TO 05 THE CANDIDATE'S OWN CAMPAIGN UNLESS, WITHIN FIVE DAYS OF 06 MAKING THE LOAN, THE CANDIDATE NOTIFIES THE COMMISSION, ON A 07 FORM PROVIDED BY THE COMMISSION, OF THE CANDIDATE'S 08 INTENTION TO REPAY THE LOAN UNDER AS 15.13.116(a)(4)]. 09 * Sec. 10. AS 15.13.110(a) is amended to read: 10 (a) Each candidate, group, and nongroup entity shall make a full report in 11 accordance with AS 15.13.040 for the period ending three days before the due date of 12 the report and beginning on the last day covered by the most recent previous report. If 13 the report is a first report, it must [SHALL] cover the period from the beginning of the 14 campaign to the date three days before the due date of the report. If the report is a 15 report due February 15, it must [SHALL] cover the period beginning on the last day 16 covered by the most recent previous report or on the day that the campaign started, 17 whichever is later, and ending on February 1 of that [DECEMBER 31 OF THE 18 PRIOR] year. The report shall be filed 19 (1) 30 days before the election; however, this report is not required if 20 the deadline for filing a nominating petition or declaration of candidacy is within 30 21 days of the election; 22 (2) one week before the election; 23 (3) 105 [10] days after a special, municipal, or municipal run-off 24 [THE] election; and 25 (4) February 15 for expenditures made and contributions received that 26 were not reported previously [DURING THE PREVIOUS YEAR], including, if 27 applicable, all amounts expended from a public office expense term account 28 established under AS 15.13.116(a)(8) and all amounts expended from a municipal 29 office account under AS 15.13.116(a)(9), or when expenditures were not made or 30 contributions were not received during the previous year. 31 * Sec. 11. AS 15.13.116(a) is amended to read:
01 (a) A candidate who, after the date of the general, special, municipal, or 02 municipal runoff election or after the date the candidate withdraws as a candidate, 03 whichever comes first, holds unused campaign contributions shall on February 1 for 04 a general election or within 90 days after a special, municipal, or municipal 05 runoff election distribute the amount held [WITHIN 90 DAYS]. The distribution 06 may only be made to 07 (1) pay bills incurred for expenditures reasonably related to the 08 campaign and the winding up of the affairs of the campaign, including a victory or 09 thank you party, thank you advertisements, and thank you gifts to campaign 10 employees and volunteers, and to pay expenditures associated with post-election fund 11 raising that may be needed to raise funds to pay off campaign debts; 12 (2) make donations, without condition, to 13 (A) [A POLITICAL PARTY; 14 (B)] the state's general fund; 15 (B) [(C)] a municipality of the state; or 16 (C) [(D)] the federal government; 17 (3) make donations, without condition, to organizations qualified as 18 charitable organizations under 26 U.S.C. 501(c)(3) if [, PROVIDED] the organization 19 is not controlled by the candidate or a member of the candidate's immediate family; 20 (4) repay loans from the candidate to the candidate's own campaign 21 under AS 15.13.078(b); 22 (5) repay contributions to contributors, but only if repayment of the 23 contribution is made pro rata in approximate proportion to the contributions made 24 using one of the following, as the candidate determines: 25 (A) to all contributors; 26 (B) to contributors who have contributed most recently; or 27 (C) to contributors who have made larger contributions; 28 (6) establish a fund for, and from that fund to pay, attorney fees or 29 costs incurred in the prosecution or defense of an administrative or civil judicial action 30 that directly concerns a challenge to the victory or defeat of the candidate in the 31 election;
01 (7) transfer all or a portion of the unused campaign contributions to an 02 account for a future election campaign; a transfer under this paragraph is limited to 03 (A) $50,000, if the transfer is made by a candidate for governor 04 or lieutenant governor; 05 (B) $10,000, if the transfer is made by a candidate for the state 06 senate; 07 (C) $5,000, if the transfer is made by a candidate for the state 08 house of representatives; and 09 (D) $5,000, if the transfer is made by a candidate for an office 10 not described in (A) - (C) of this paragraph; 11 (8) transfer all or a portion of the unused campaign contributions to a 12 public office expense term account or to a public office expense term account reserve 13 in accordance with (d) of this section; a transfer under this paragraph is subject to the 14 following: 15 (A) the authority to transfer is limited to candidates who are 16 elected to the state legislature; 17 (B) the public office expense term account established under 18 this paragraph may be used only for expenses associated with the candidate's 19 serving as a member of the legislature; 20 (C) all amounts expended from the public office expense term 21 account shall be annually accounted for under AS 15.13.110(a)(4); and 22 (D) a transfer under this paragraph is limited to $5,000 23 multiplied by the number of years in the term to which the candidate is elected 24 plus any accumulated interest; and 25 (9) transfer all or a portion of the unused campaign contributions to a 26 municipal office account; a transfer under this paragraph is subject to the following: 27 (A) the authority to transfer is limited to candidates who are 28 elected to municipal office, including a municipal school board; 29 (B) the municipal office account established under this 30 paragraph may be used only for expenses associated with the candidate's 31 serving as mayor or as a member of the assembly, city council, or school
01 board; 02 (C) all amounts expended from the municipal office account 03 shall be annually accounted for under AS 15.13.110(a)(4); and 04 (D) a transfer under this paragraph is limited to $5,000. 05 * Sec. 12. AS 15.13 is amended by adding a new section to read: 06 Sec. 15.13.374. Advisory opinion. (a) Any person may request an advisory 07 opinion from the commission concerning this chapter, AS 24.45, AS 24.60.200 - 08 24.60.260, or AS 39.50. 09 (b) A request for an advisory opinion 10 (1) must be in writing or contained in a message submitted by 11 electronic mail; 12 (2) must describe a specific transaction or activity that the requesting 13 person is presently engaged in or intends to undertake in the future; 14 (3) must include a description of all relevant facts, including the 15 identity of the person requesting the advisory opinion; and 16 (4) may not concern a hypothetical situation or the activity of a third 17 party. 18 (c) Within seven days after receiving a request satisfying the requirements of 19 (b) of this section, the executive director of the commission shall recommend a draft 20 advisory opinion for the commission to consider at its next meeting. 21 (d) The approval of a draft advisory opinion requires the affirmative vote of 22 four members of the commission. A draft advisory opinion failing to receive four 23 affirmative votes of the members of the commission is disapproved. 24 (e) A complaint under AS 15.13.380 may not be considered about a person 25 involved in a transaction or activity that 26 (1) was the material subject of an advisory opinion approved under (d) 27 of this section; 28 (2) is indistinguishable from the description of an activity that was 29 approved in an advisory opinion approved under (d) of this section; or 30 (3) was undertaken after the executive director of the commission 31 recommended a draft advisory opinion under (c) of this section and before the
01 commission acted on the draft advisory opinion under (d) of this section, if 02 (A) the draft advisory opinion would have approved the 03 transaction or activity described; and 04 (B) the commission disapproved the draft advisory opinion. 05 (f) Advisory opinion requests and advisory opinions are public records subject 06 to inspection and copying under AS 40.25. 07 * Sec. 13. AS 15.13.380 is repealed and reenacted to read: 08 Sec. 15.13.380. Violations; limitations on actions. (a) Promptly after the 09 final date for filing statements and reports under this chapter, the commission shall 10 notify all persons who have become delinquent in filing a statement or report under 11 this chapter, including contributors who failed to file a statement in accordance with 12 AS 15.13.040, and shall make available a list of delinquent filers for public inspection. 13 The commission shall also report to the attorney general the names of all candidates in 14 an election whose campaign treasurers have failed to file the reports required by this 15 chapter. 16 (b) A member of the commission, the commission's executive director, or a 17 person who believes a violation of this chapter or a regulation adopted under this 18 chapter has occurred or is occurring may file an administrative complaint with the 19 commission within one year after the date of the alleged violation. If a member of the 20 commission has filed the complaint, that member may not participate as a 21 commissioner in any proceeding of the commission with respect to the complaint. 22 The commission may consider a complaint on an expedited basis or a regular basis. 23 (c) The complainant or the respondent to the complaint may request in writing 24 that the commission expedite consideration of the complaint. A request for expedited 25 consideration must be accompanied by evidence to support expedited consideration 26 and be served on the opposing party. The commission shall grant or deny the request 27 within two days after receiving it. In deciding whether to expedite consideration, the 28 commission shall consider such factors as whether the alleged violation, if not 29 immediately restrained, could materially affect the outcome of an election or other 30 impending event; whether the alleged violation could cause irreparable harm that 31 penalties could not adequately remedy; and whether there is reasonable cause to
01 believe that a violation has occurred or will occur. Notwithstanding the absence of a 02 request to expedite consideration, the commission may independently expedite 03 consideration of the complaint if the commission finds that the standards for expedited 04 consideration set out in this subsection have been met. 05 (d) If the commission expedites consideration, the commission shall hold a 06 hearing on the complaint within two days after granting expedited consideration. Not 07 later than one day after affording the respondent notice and an opportunity to be heard, 08 the commission shall 09 (1) enter an emergency order requiring the violation to cease or to be 10 remedied and shall assess civil penalties under AS 15.13.390 if the commission finds 11 that the respondent has engaged in or is about to engage in an act or practice that 12 constitutes or will constitute a violation of this chapter or a regulation adopted under 13 this chapter; or 14 (2) enter an emergency order dismissing the complaint if the 15 commission finds that the respondent has not or is not about to engage in an act or 16 practice that constitutes or will constitute a violation of this chapter or a regulation 17 adopted under this chapter; or 18 (3) remand the complaint to the executive director of the commission 19 for consideration by the commission on a regular rather than expedited basis. 20 (e) If the commission accepts the complaint for consideration on a regular 21 rather than expedited basis, the commission shall notify the respondent within seven 22 days after receiving the complaint and shall investigate the complaint. The respondent 23 may answer the complaint by filing a written response with the commission within 15 24 days after the commission notifies the respondent of the complaint. The commission 25 may grant the respondent additional time to respond to the complaint only for good 26 cause. The commission shall hold a hearing on the complaint not later than 45 days 27 after the respondent's written response is due. Not later than 10 days after the hearing, 28 the commission shall issue its order. If the commission finds that the respondent has 29 engaged in or is about to engage in an act or practice that constitutes or will constitute 30 a violation of this chapter or a regulation adopted under this chapter, the commission 31 shall enter an order requiring the violation to cease or to be remedied and shall assess
01 civil penalties under AS 15.13.390. 02 (f) If the complaint involves a challenge to the constitutionality of a statute or 03 regulation, necessary witnesses that are not subject to the commission's subpoena 04 authority, or other issues outside the commission's authority, the commission may 05 request the attorney general to undertake a court action. The commission may request 06 the attorney general to undertake a court action to remedy the violation of a 07 commission order. 08 (g) A commission order under (d) or (e) of this section may be appealed to the 09 superior court by either the complainant or respondent within 30 days after the order 10 was issued in accordance with the Alaska Rules of Appellate Procedure. 11 (h) If the commission does not complete action on an administrative complaint 12 within 90 days after the complaint was filed, the complainant may file a complaint in 13 superior court alleging a violation of this chapter by a respondent as described in the 14 administrative complaint filed with the commission. The complainant shall provide 15 copies of the complaint filed in the superior court to the commission and the attorney 16 general. A complaint may not be filed in superior court under this subsection if more 17 than two years have elapsed after the date of the alleged violation. This subsection 18 does not create a private cause of action against the commission; against the 19 commission's members, officers, or employees; or against the state. 20 (i) If, after a successful candidate is sworn into office, a person who was a 21 successful candidate or the campaign treasurer or deputy campaign treasurer of a 22 person who was a successful candidate is convicted of a violation of this chapter, 23 proceedings shall be held and appropriate action taken in accordance with 24 (1) art. II, sec. 12, Constitution of the State of Alaska, if the candidate 25 is a candidate for the state legislature; 26 (2) art. II, sec. 20, Constitution of the State of Alaska, if the candidate 27 is a candidate for governor or lieutenant governor; 28 (3) AS 29.20.170, if the candidate is a candidate for the borough 29 assembly; 30 (4) AS 29.20.280, if the candidate is a candidate for borough mayor; 31 (5) AS 29.20.170, if the candidate is a candidate for city council;
01 (6) AS 29.20.280, if the candidate is a candidate for city mayor; 02 (7) the provisions of the call for the constitutional convention, if the 03 candidate is a candidate for constitutional convention delegate; 04 (8) art. IV, sec. 10, Constitution of the State of Alaska, if the candidate 05 is a candidate for judicial retention. 06 (j) Information developed by the commission under (b) - (e) of this section 07 shall be considered during a proceeding under (i) of this section. 08 (k) If, after a successful candidate is sworn into office, the successful 09 candidate or the campaign treasurer or deputy campaign treasurer of the person who 10 was a successful candidate is charged with a violation of this chapter, the case shall be 11 promptly tried and accorded a preferred position for purposes of argument and 12 decision, so as to assure a speedy disposition of the matter. 13 * Sec. 14. AS 15.13.400(15) is repealed and reenacted to read: 14 (15) "political party" means any group that is a political party under 15 AS 15.60.010 and any subordinate unit of that group if, consistent with the rules or 16 bylaws of the political party, the unit conducts or supports campaign operations in a 17 municipality, neighborhood, house district, or precinct; 18 * Sec. 15. AS 24.45.041 is amended by adding a new subsection to read: 19 (h) Upon request of the Alaska Public Offices commission, information 20 required under this section shall be submitted electronically. 21 * Sec. 16. AS 24.45.051 is amended to read: 22 Sec. 24.45.051. Reports. Each lobbyist registered under AS 24.45.041 shall 23 file with the commission a report concerning the lobbyist's activities during each 24 reporting period prescribed in AS 24.45.081, so long as the lobbyist continues to 25 engage in lobbying activities. The report shall be made on a form prescribed by the 26 commission and filed in accordance with AS 24.45.071 and 24.45.081. Upon request 27 of the Alaska Public Offices commission, information required under this section 28 shall be submitted electronically. The report also must include any changes in the 29 information required to be supplied under AS 24.45.041(b) and the following 30 information for the reporting period, as applicable: 31 (1) the source of income, as defined in AS 39.50.200(a) and the
01 monetary value of all payments, including but not limited to salary, fees, and 02 reimbursement of expenses, received in consideration for or directly or indirectly in 03 support of or in connection with influencing legislative or administrative action, and 04 the full name and complete address of each person from whom amounts or things of 05 value have been received and the total monetary value received from each person; 06 (2) the aggregate amount of disbursements or expenditures made or 07 incurred during the period in support of or in connection with influencing legislative 08 or administrative action by the lobbyist, or on behalf of the lobbyist by the lobbyist's 09 employer in the following categories: 10 (A) food and beverages; 11 (B) living accommodations; 12 (C) travel; 13 (3) the date and nature of any gift exceeding $100 in value made to a 14 public official and the full name and official position of that person; 15 (4) the name and official position of each public official, and the name 16 of each member of the immediate family of any of these officials, with whom the 17 lobbyist has engaged in an exchange of money, goods, services, or anything of more 18 than $100 in value and the nature and date of each of these exchanges and the 19 monetary values exchanged; 20 (5) the name and address of any business entity in which the lobbyist 21 knows or has reason to know that a public official is a proprietor, partner, director, 22 officer or manager, or has a controlling interest, and whom the lobbyist has engaged in 23 an exchange of money, goods, services, or anything of value and the nature and date 24 of each exchange and the monetary value exchanged if the total value of these 25 exchanges is $100 or more in a calendar year; and 26 (6) a notice of termination if the lobbyist has ceased the lobbying 27 activity that required registration under this chapter and if this report constitutes the 28 final report of the lobbyist's activities. 29 * Sec. 17. AS 24.45.061 is amended by adding a new subsection to read: 30 (c) Upon request of the Alaska Public Offices commission, information 31 required under this section shall be submitted electronically.
01 * Sec. 18. AS 24.45.171(1) is amended to read: 02 (1) "administrative action" means the proposal, drafting, development, 03 consideration, amendment, adoption, approval, promulgation, issuance, modification, 04 rejection, or postponement by any state agency of any rule or [,] regulation, [ORDER, 05 DECISION, DETERMINATION,] or any other quasi-legislative [OR QUASI- 06 JUDICIAL] action or proceeding whether or not governed by AS 44.62 07 (Administrative Procedure Act); "administrative action" does not include 08 (A) a proceeding or an action to determine the rights or 09 duties of a person under existing statutes, regulations, or policies; 10 (B) the issuance, amendment, or revocation of a permit, 11 license, or entitlement for use; 12 (C) the enforcement of compliance with existing law or the 13 imposition of sanctions for a violation of existing law; 14 (D) procurement activity, including the purchase or sale of 15 property, goods, or services by the agency or the award of a grant or 16 contract; 17 (E) the issuance of, or ensuring compliance with, a legal 18 opinion; or 19 (F) activity related to a collective bargaining agreement, 20 including negotiating or enforcing the agreement; 21 * Sec. 19. AS 24.45.171(8) is amended to read: 22 (8) "lobbyist" means 23 (A) a person who, on a full-time or part-time basis, is 24 employed and receives payments, income, or [WHO CONTRACTS FOR] 25 economic consideration, including reimbursement for reasonable travel and 26 living expenses, to communicate directly or through the person's agents with 27 any public official for the purpose of influencing legislative or administrative 28 action if a substantial or regular portion of the activities for which the person 29 receives consideration is for the purpose of influencing legislative or 30 administrative action; in this subparagraph, "substantial or regular" means 31 more than 16 hours in a 30-day period in direct communication with
01 public officials or legislative employees; or 02 (B) a person who engages [REPRESENTS ONESELF AS 03 ENGAGING] in the influencing of legislative or administrative action as a 04 business, occupation, service, or profession; 05 * Sec. 20. AS 24.60.200 is amended to read: 06 Sec. 24.60.200. Financial disclosure by legislators, public members of the 07 committee, and legislative directors. A legislator, a public member of the 08 committee, and a legislative director shall file a disclosure statement, under oath and 09 on penalty of perjury, with the Alaska Public Offices Commission giving the 10 following information about the income received by the discloser, the discloser's 11 spouse or spousal equivalent, the discloser's dependent children, and the discloser's 12 nondependent children who are living with the discloser: 13 (1) the information that a public official is required to report under 14 AS 39.50.030, other than information about gifts; 15 (2) as to income in excess of $2,500 [$1,000] received as 16 compensation for personal services, the name and address of the source of the income, 17 and a statement describing the nature of the services performed; if the source of 18 income is known or reasonably should be known to have a substantial interest in 19 legislative, administrative, or political action and the recipient of the income is a 20 legislator or a legislative director, the amount of income received from the source shall 21 be disclosed; 22 (3) as to each loan or loan guarantee over $1,000 from a source with a 23 substantial interest in legislative, administrative, or political action, the name and 24 address of the person making the loan or guarantee, the amount of the loan, the terms 25 and conditions under which the loan or guarantee was given, the amount outstanding 26 at the time of filing, and whether or not a written loan agreement exists. 27 * Sec. 21. AS 24.60.200 is amended by adding a new subsection to read: 28 (b) Upon request of the Alaska Public Offices Commission, the information 29 required under this chapter shall be submitted electronically. 30 * Sec. 22. AS 39.50.030(b) is amended to read: 31 (b) Except as provided in (g) of this section, each statement filed by a public
01 official or candidate under this chapter must include the following: 02 (1) the source of all income over $2,500 [$1,000] during the preceding 03 calendar year, including taxable and nontaxable capital gains, received by the person, 04 the person's spouse or spousal equivalent, or the person's child, except that a source of 05 income that is a gift must be included if the value of the gift exceeds $250; 06 (2) the identity, by name and address, of each business in which the 07 person, the person's spouse or spousal equivalent, or the person's child has an interest 08 or was a stockholder, owner, officer, director, partner, proprietor, or employee during 09 the preceding calendar year, except that an interest of less than $10,000 in the stock 10 of a publicly traded corporation need not be included; 11 (3) [THE IDENTITY AND NATURE OF EACH INTEREST 12 OWNED IN ANY BUSINESS DURING THE PRECEDING CALENDAR YEAR 13 BY THE PERSON, THE PERSON'S SPOUSE OR SPOUSAL EQUIVALENT, OR 14 THE PERSON'S CHILD; 15 (4)] the identity and nature of each interest in real property, including 16 an option to buy, owned at any time during the preceding calendar year by the person, 17 the person's spouse or spousal equivalent, or the person's child; 18 (4) [(5)] the identity of each trust or other fiduciary relation in which 19 the person, the person's spouse or spousal equivalent, or the person's child held a 20 beneficial interest exceeding $2,500 [$1,000] during the preceding calendar year, a 21 description and identification of the property contained in each trust or relation, and 22 the nature and extent of the beneficial interest in it; 23 (5) [(6)] any loan or loan guarantee of more than $5,000 [$1,000] made 24 to the person, the person's spouse or spousal equivalent, or the person's child, and the 25 identity of the maker of the loan or loan guarantor and the identity of each creditor to 26 whom the person, the person's spouse or spousal equivalent, or the person's child owed 27 more than $5,000 [$1,000]; this paragraph requires disclosure of a loan, loan 28 guarantee, or indebtedness only if the loan or guarantee was made, or the indebtedness 29 incurred, during the preceding calendar year, or if the amount still owing on the loan, 30 loan guarantee, or indebtedness was more than $5,000 [$1,000] at any time during the 31 preceding calendar year;
01 (6) [(7)] a list of all contracts and offers to contract with the state or an 02 instrumentality of the state during the preceding calendar year held, bid, or offered by 03 the person, the person's spouse or spousal equivalent, or the person's child, a 04 partnership or professional corporation of which the person is a member, or a 05 corporation in which the person or the person's spouse, spousal equivalent, or children, 06 or a combination of them, hold a controlling interest; and 07 (7) [(8)] a list of all mineral, timber, oil, or any other natural resource 08 lease held, or lease offer made, during the preceding calendar year by the person, the 09 person's spouse or spousal equivalent, or the person's child, a partnership or 10 professional corporation of which the person is a member, or a corporation in which 11 the person or the person's spouse or spousal equivalent or children, or a combination 12 of them, holds a controlling interest. 13 * Sec. 23. AS 39.50.050(a) is amended to read: 14 (a) The Alaska Public Offices Commission created under AS 15.13.020(a) 15 shall administer the provisions of this chapter. The commission shall prepare and 16 keep available for distribution [,] standardized forms on which the reports required by 17 this chapter shall be filed. Upon request of the commission, the information 18 required under this chapter shall be submitted electronically. 19 * Sec. 24. AS 15.13.072(d), 15.13.072(g); AS 24.45.116; and AS 24.60.031 are repealed. 20 * Sec. 25. The uncodified law of the State of Alaska is amended by adding a new section to 21 read: 22 TRANSITION: REGULATIONS. Notwithstanding sec. 27 of this Act, the Alaska 23 Public Offices Commission or the Department of Administration, as appropriate, may proceed 24 to adopt regulations necessary to implement the changes made by this Act. The regulations 25 take effect under AS 44.62 (Administrative Procedure Act), but not before the effective date 26 of the statutory change. 27 * Sec. 26. Section 25 of this Act takes effect immediately under AS 01.10.070(c). 28 * Sec. 27. Except as provided in sec. 26 of this Act, this Act takes effect July 1, 2003.