Enrolled SB 89: Amending the Regulation of Lobbying Act and the definition of "lobbyist" as it applies in the act setting standards of conduct for legislators and legislative employees; and amending the Regulation of Lobbying Act and the legislative standards of conduct to allow a lobbyist to give and a person covered by legislative standards of conduct to accept tickets to a charity event during a legislative session.
00Enrolled SB 89 01 Amending the Regulation of Lobbying Act and the definition of "lobbyist" as it applies in the 02 act setting standards of conduct for legislators and legislative employees; and amending the 03 Regulation of Lobbying Act and the legislative standards of conduct to allow a lobbyist to 04 give and a person covered by legislative standards of conduct to accept tickets to a charity 05 event during a legislative session. 06 _______________ 07 * Section 1. AS 24.45.121(a) is amended to read: 08 (a) A lobbyist may not 09 (1) engage in any activity as a lobbyist before registering under 10 AS 24.45.041; 11 (2) do anything with the intent of placing a public official under 12 personal obligation to the lobbyist or to the lobbyist's employer; 13 (3) intentionally deceive or attempt to deceive any public official with
01 regard to any material fact pertinent to pending or proposed legislative or 02 administrative action; 03 (4) cause or influence the introduction of a legislative measure solely 04 for the purpose of thereafter being employed to secure its passage or its defeat; 05 (5) cause a communication to be sent to a public official in the name of 06 any fictitious person or in the name of any real person, except with the consent of that 07 person; 08 (6) accept or agree to accept any payment in any way contingent upon 09 the defeat, enactment, or outcome of any proposed legislative or administrative action; 10 (7) serve as a member of a state board, or commission, if the lobbyist's 11 employer may receive direct economic benefit from a decision of that board or 12 commission; 13 (8) serve as a campaign manager or director, serve as a campaign 14 treasurer or deputy campaign treasurer on a finance or fund-raising committee, host a 15 fund-raising event, directly or indirectly collect contributions for, or deliver 16 contributions to, a candidate, or otherwise engage in the fund-raising activity of a 17 legislative campaign or campaign for governor or lieutenant governor if the lobbyist 18 has registered, or is required to register as a lobbyist, under this chapter, during the 19 calendar year; this paragraph does not apply to a representational lobbyist as defined 20 in the regulations of the Alaska Public Offices Commission, and does not prohibit a 21 lobbyist from making personal contributions to a candidate as authorized by AS 15.13 22 or personally advocating on behalf of a candidate; 23 (9) offer, solicit, initiate, facilitate, or provide to or on behalf of a 24 person covered by AS 24.60, during a legislative session, a gift, other than food or 25 beverage for immediate consumption, except for tickets to a charity event described 26 in AS 24.60.080(c)(10); 27 (10) make or offer a gift or a campaign contribution whose acceptance 28 by the person to whom it is offered would violate AS 24.60. 29 * Sec. 2. AS 24.45.171(1) is amended to read: 30 (1) "administrative action" means the proposal, drafting, development, 31 consideration, amendment, adoption, approval, promulgation, issuance, modification,
01 rejection, or postponement by any state agency of any rule or [,] regulation, [ORDER, 02 DECISION, DETERMINATION,] or any other quasi-legislative or quasi-judicial 03 action or proceeding whether or not governed by AS 44.62 (Administrative Procedure 04 Act); "administrative action" does not include 05 (A) a proceeding or an action to determine the rights or 06 duties of a person under existing statutes, regulations, or policies; 07 (B) the issuance, amendment, or revocation of a permit, 08 license, or entitlement for use under existing statutes, regulations, or 09 policies by the agency authorized to issue, amend, or revoke the permit, 10 license, or entitlement for use; 11 (C) the enforcement of compliance with existing law or the 12 imposition of sanctions for a violation of existing law; 13 (D) procurement activity, including the purchase or sale of 14 property, goods, or services by the agency or the award of a grant 15 contract; 16 (E) the issuance of, or ensuring compliance with, an opinion 17 or activity related to a collective bargaining agreement including 18 negotiating or enforcing the agreement; 19 * Sec. 3. AS 24.45.171(6) is amended to read: 20 (6) "influencing legislative or administrative action" means to 21 communicate directly for the purpose of introducing, promoting, advocating, 22 supporting, modifying, opposing, or delaying or seeking to do the same with respect to 23 any legislative or administrative action [BY MEANS INCLUDING BUT NOT 24 LIMITED TO THE PROVISION OR USE OF INFORMATION, STATISTICS, 25 STUDIES, OR ANALYSES IN WRITTEN OR ORAL FORM OR FORMAT]; 26 * Sec. 4. AS 24.45.171(8) is amended to read: 27 (8) "lobbyist" means a person who 28 (A) engages [A PERSON WHO IS EMPLOYED AND 29 RECEIVES PAYMENTS, OR WHO CONTRACTS FOR ECONOMIC 30 CONSIDERATION, INCLUDING REIMBURSEMENT FOR 31 REASONABLE TRAVEL AND LIVING EXPENSES, TO COMMUNICATE
01 DIRECTLY OR THROUGH THE PERSON'S AGENTS WITH ANY 02 PUBLIC OFFICIAL FOR THE PURPOSE OF INFLUENCING 03 LEGISLATIVE OR ADMINISTRATIVE ACTION IF A SUBSTANTIAL OR 04 REGULAR PORTION OF THE ACTIVITIES FOR WHICH THE PERSON 05 RECEIVES CONSIDERATION IS FOR THE PURPOSE OF 06 INFLUENCING LEGISLATIVE OR ADMINISTRATIVE ACTION; OR 07 (B) A PERSON WHO REPRESENTS ONESELF AS 08 ENGAGING] in the [INFLUENCING OF LEGISLATIVE OR 09 ADMINISTRATIVE ACTION AS A] business, occupation, or profession of 10 influencing legislative or administrative action; or 11 (B) receives wages or other economic consideration, 12 including reimbursement of travel and living expenses, to communicate 13 directly with any public official 14 (i) for the express purpose of influencing legislative 15 or administrative action; and 16 (ii) during more than 40 hours in any 30-day period 17 in one calendar year; 18 * Sec. 5. AS 24.45.171 is amended by adding a new subsection to read: 19 (13) "communicate directly" means to speak with a legislator, 20 legislative employee, or public official 21 (A) by telephone; 22 (B) by two-way electronic communication; or 23 (C) in person. 24 * Sec. 6. AS 24.60.080(c) is amended by adding a new paragraph to read: 25 (10) tickets from a lobbyist for a charity event at any time, including 26 during a legislative session, except that tickets to or gifts received at a charity event 27 under this paragraph are subject to the calendar year limit on the value of gifts 28 received by a legislator or legislative employee in (a) of this section; in this paragraph, 29 "charity event" means an event the proceeds of which go to a charitable organization 30 with tax-free status under 26 U.S.C. 501(c)(3) and that the Alaska Legislative Council 31 has approved in advance; the tickets may entitle the bearer to admission to the event,
01 to entertainment, to food or beverages, or to other gifts or services involved in the 02 charity event. 03 * Sec. 7. AS 24.60.990(11) is amended to read: 04 (11) "lobbyist" means a person who is required to register under 05 AS 24.45.041 and is described under AS 24.45.171 [AS 24.45.171(8)(A)], but does 06 not include a volunteer lobbyist described in AS 24.45.161(a)(1) or a representational 07 lobbyist as defined under regulations of the Alaska Public Offices Commission;