SB 119: "An Act eliminating the Alaska Public Offices Commission; transferring campaign, public official, and lobbying financial disclosure record-keeping duties to the division of elections; relating to reports, summaries, and documents regarding campaign, public official, and lobbying financial disclosure; providing for enforcement by the Department of Law; making conforming statutory amendments; and providing for an effective date."
00 SENATE BILL NO. 119 01 "An Act eliminating the Alaska Public Offices Commission; transferring campaign, 02 public official, and lobbying financial disclosure record-keeping duties to the division of 03 elections; relating to reports, summaries, and documents regarding campaign, public 04 official, and lobbying financial disclosure; providing for enforcement by the Department 05 of Law; making conforming statutory amendments; and providing for an effective 06 date." 07 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 08 * Section 1. AS 15.13.030 is amended to read: 09 Sec. 15.13.030. Duties of the director [COMMISSION]. The director of 10 elections [COMMISSION] shall 11 (1) develop and provide all forms for the reports and statements 12 required to be made under this chapter, AS 24.45, and AS 39.50; 13 (2) [PREPARE AND PUBLISH A MANUAL SETTING OUT
01 UNIFORM METHODS OF BOOKKEEPING AND REPORTING FOR USE BY 02 PERSONS REQUIRED TO MAKE REPORTS AND STATEMENTS UNDER THIS 03 CHAPTER AND OTHERWISE ASSIST CANDIDATES, GROUPS, AND 04 INDIVIDUALS IN COMPLYING WITH THE REQUIREMENTS OF THIS 05 CHAPTER; 06 (3)] receive and hold open for public inspection reports and statements 07 required to be made under this chapter and, upon request, furnish copies at cost to 08 interested persons; 09 (3) [(4)] compile and maintain a current list of all filed reports and 10 statements; 11 (4) [(5) PREPARE A SUMMARY OF EACH REPORT FILED 12 UNDER AS 15.13.110 AND MAKE COPIES OF THIS SUMMARY AVAILABLE 13 TO INTERESTED PERSONS AT THEIR ACTUAL COST; 14 (6) NOTIFY, BY REGISTERED OR CERTIFIED MAIL, ALL 15 PERSONS WHO ARE DELINQUENT IN FILING REPORTS AND STATEMENTS 16 REQUIRED TO BE MADE UNDER THIS CHAPTER; 17 (7) EXAMINE, INVESTIGATE, AND COMPARE ALL REPORTS, 18 STATEMENTS, AND ACTIONS REQUIRED BY THIS CHAPTER, AS 24.45, 19 AND AS 39.50; 20 (8) PREPARE AND PUBLISH A BIENNIAL REPORT 21 CONCERNING THE ACTIVITIES OF THE COMMISSION, THE 22 EFFECTIVENESS OF THIS CHAPTER, ITS ENFORCEMENT BY THE 23 ATTORNEY GENERAL'S OFFICE, AND RECOMMENDATIONS AND 24 PROPOSALS FOR CHANGE; THE COMMISSION SHALL NOTIFY THE 25 LEGISLATURE THAT THE REPORT IS AVAILABLE; 26 (9)] adopt regulations necessary to implement and clarify the 27 provisions of AS 24.45, AS 39.50, and this chapter, subject to the provisions of 28 AS 44.62 (Administrative Procedure Act). 29 * Sec. 2. AS 15.13.040(a) is amended to read: 30 (a) Except as provided in (g) of this section, each candidate shall make a full 31 report, upon a form prescribed by the director [COMMISSION], listing the date and
01 amount of all expenditures made by the candidate, the total amount of all 02 contributions, including all funds contributed by the candidate, and for all 03 contributions in excess of $100 in the aggregate a year, the name, address, principal 04 occupation, and employer of the contributor and the date and amount contributed by 05 each contributor. The report shall be filed in accordance with AS 15.13.110 and shall 06 be certified correct by the candidate or campaign treasurer. 07 * Sec. 3. AS 15.13.040(b) is amended to read: 08 (b) Each group shall make a full report upon a form prescribed by the director 09 [COMMISSION], listing 10 (1) the name and address of each officer and director; 11 (2) the aggregate amount of all contributions made to it; and, for all 12 contributions in excess of $100 in the aggregate a year, the name, address, principal 13 occupation, and employer of the contributor, and the date and amount contributed by 14 each contributor; for purposes of this paragraph, "contributor" means the true source 15 of the funds, property, or services being contributed; and 16 (3) the date and amount of all contributions made by it and all 17 expenditures made, incurred or authorized by it. 18 * Sec. 4. AS 15.13.040(d) is amended to read: 19 (d) Every individual, person, nongroup entity, or group making an expenditure 20 shall make a full report of expenditures, upon a form prescribed by the director 21 [COMMISSION], unless exempt from reporting. 22 * Sec. 5. AS 15.13.040(e) is amended to read: 23 (e) The report required under (d) of this section must contain the name, 24 address, principal occupation, and employer of the individual filing the report, and an 25 itemized list of expenditures. The report shall be filed with the director 26 [COMMISSION] no later than 10 days after the expenditure is made. 27 * Sec. 6. AS 15.13.040(f) is amended to read: 28 (f) During each year in which an election occurs, all businesses, persons, or 29 groups that furnish any of the following services, facilities, or supplies to a candidate 30 or group shall maintain a record of each transaction: newspapers, radio, television, 31 advertising, advertising agency services, accounting, billboards, printing, secretarial,
01 public opinion polls, or research and professional campaign consultation or 02 management, media production or preparation, or computer services. Records of 03 provision of services, facilities, or supplies shall be available for inspection by the 04 attorney general [COMMISSION]. 05 * Sec. 7. AS 15.13.040(g) is amended to read: 06 (g) The provisions of (a) of this section do not apply if a candidate 07 (1) indicates, on a form prescribed by the director [COMMISSION], 08 an intent not to raise and not to expend more than $2,500 in seeking election to office, 09 including both the primary and general elections; 10 (2) accepts contributions totaling not more than $2,500 in seeking 11 election to office, including both the primary and general elections; and 12 (3) makes expenditures totaling not more than $2,500 in seeking 13 election to office, including both the primary and general elections. 14 * Sec. 8. AS 15.13.040(j) is amended to read: 15 (j) Each nongroup entity shall make a full report in accordance with 16 AS 15.13.110 upon a form prescribed by the director [COMMISSION] and certified 17 by the nongroup entity's treasurer, listing 18 (1) the name and address of each officer and director of the nongroup 19 entity; 20 (2) the aggregate amount of all contributions made to the nongroup 21 entity for the purpose of influencing the outcome of an election; and, for all such 22 contributions in excess of $100 in the aggregate a year, the name, address, principal 23 occupation, and employer of the contributor, and the date and amount contributed by 24 each contributor; for purposes of this paragraph, "contributor" means the true source 25 of the funds, property, or services being contributed; and 26 (3) the date and amount of all contributions made by the nongroup 27 entity, and, except as provided for certain independent expenditures in 28 AS 15.13.135(a), all expenditures made, incurred, or authorized by the nongroup 29 entity, for the purpose of influencing the outcome of an election; a nongroup entity 30 shall report contributions made to a different nongroup entity for the purpose of 31 influencing the outcome of an election and expenditures made on behalf of a different
01 nongroup entity for the purpose of influencing the outcome of an election as soon as 02 the total contributions and expenditures to that nongroup entity for the purpose of 03 influencing the outcome of an election reach $500 in a year and for all subsequent 04 contributions and expenditures to that nongroup entity in a year whenever the total 05 contributions and expenditures to that nongroup entity for the purpose of influencing 06 the outcome of an election that have not been reported under this paragraph reach 07 $500. 08 * Sec. 9. AS 15.13.040(k) is amended to read: 09 (k) Every individual, person, nongroup entity, or group contributing a total of 10 $500 or more to a group organized for the principal purpose of influencing the 11 outcome of a proposition shall report the contribution or contributions on a form 12 prescribed by the director [COMMISSION] not later than 30 days after the 13 contribution that requires the contributor to report under this subsection is made. The 14 report must include the name, address, principal occupation, and employer of the 15 individual filing the report and the amount of the contribution, as well as the total 16 amount of contributions made to that group by that individual, person, nongroup 17 entity, or group during the calendar year. 18 * Sec. 10. AS 15.13.050 is amended to read: 19 Sec. 15.13.050. Registration before expenditure. (a) Before making an 20 expenditure in support of or in opposition to a candidate or before making an 21 expenditure in support of or in opposition to a ballot proposition or question, each 22 person other than an individual shall register, on forms provided by the director 23 [COMMISSION], with the director [COMMISSION]. 24 (b) If a group intends to support only one candidate or to contribute to or 25 expend on behalf of one candidate 33 1/3 percent or more of its funds, the name of the 26 candidate shall be a part of the name of the group. If the group intends to oppose only 27 one candidate or to contribute its funds in opposition to or make expenditures in 28 opposition to a candidate, the group's name must clearly state that it opposes that 29 candidate by using a word such as "opposes," "opposing," "in opposition to," or 30 "against" in the group's name. [PROMPTLY UPON RECEIVING THE 31 REGISTRATION, THE COMMISSION SHALL NOTIFY THE CANDIDATE OF
01 THE GROUP'S ORGANIZATION AND INTENT.] A candidate may register more 02 than one group to support the candidate; however, multiple groups controlled by a 03 single candidate shall be treated as a single group for purposes of the contribution 04 limit in AS 15.13.070(b)(1). 05 * Sec. 11. AS 15.13.060(b) is amended to read: 06 (b) Each group shall file the name and address of its campaign treasurer with 07 the director [COMMISSION] at the time it registers with the director 08 [COMMISSION] under AS 15.13.050. 09 * Sec. 12. AS 15.13.060(c) is amended to read: 10 (c) Each candidate for state office shall file the name and address of the 11 campaign treasurer with the director [COMMISSION, OR SUBMIT, IN WRITING, 12 THE NAME AND ADDRESS OF THE CAMPAIGN TREASURER TO THE 13 DIRECTOR FOR FILING WITH THE COMMISSION,] no later than 15 days after 14 the date of filing the declaration of candidacy or the nominating petition. Each 15 candidate for municipal office shall file the name and address of the campaign 16 treasurer with the director [COMMISSION] no later than seven days after the date of 17 filing the declaration of candidacy or the nominating petition. If the candidate does 18 not designate a campaign treasurer, the candidate is the campaign treasurer. 19 * Sec. 13. AS 15.13.060(d) is amended to read: 20 (d) In the case of the death, resignation, or removal of a campaign treasurer, 21 the candidate shall appoint a successor as soon as practicable and file the successor's 22 name and address with the director [COMMISSION] within 48 hours of the 23 appointment. The candidate is disqualified if found to have been in wilful violation of 24 this subsection. 25 * Sec. 14. AS 15.13.060(e) is amended to read: 26 (e) A campaign treasurer may appoint as many deputy campaign treasurers as 27 necessary. The candidate shall file the names and addresses of the deputy campaign 28 treasurers with the director [COMMISSION]. 29 * Sec. 15. AS 15.13.072(a) is amended to read: 30 (a) A candidate or an individual who has filed with the director 31 [COMMISSION] the document necessary to permit that individual to incur election-
01 related expenses under AS 15.13.100 may not solicit or accept a contribution from 02 (1) a person not authorized by law to make a contribution; 03 (2) an individual who is not a resident of the state at the time the 04 contribution is made, except as provided in (e) of this section; 05 (3) a group organized under the laws of another state, resident in 06 another state, or whose participants are not residents of this state at the time the 07 contribution is made; or 08 (4) a person registered as a lobbyist if the contribution violates 09 AS 15.13.074(g) or AS 24.45.121(a)(8). 10 * Sec. 16. AS 15.13.072(b) is amended to read: 11 (b) A candidate or an individual who has filed with the director 12 [COMMISSION] the document necessary to permit the individual to incur election- 13 related expenses under AS 15.13.100, or a group, may not solicit or accept a cash 14 contribution that exceeds $100. 15 * Sec. 17. AS 15.13.072(d) is amended to read: 16 (d) A candidate or an individual who has filed with the director 17 [COMMISSION] the document necessary to permit that individual to incur election- 18 related expenses under AS 15.13.100 for election or reelection to the state legislature 19 may not solicit or accept a contribution while the legislature is convened in a regular 20 or special legislative session unless the solicitation or acceptance occurs 21 (1) during the 90 days immediately preceding an election in which the 22 candidate or individual is a candidate; and 23 (2) in a place other than the capital city. 24 * Sec. 18. AS 15.13.072(e) is amended to read: 25 (e) A candidate or an individual who has filed with the director 26 [COMMISSION] the document necessary to permit that individual to incur election- 27 related expenses under AS 15.13.100 may solicit or accept contributions from an 28 individual who is not a resident of the state at the time the contribution is made if the 29 amounts contributed by individuals who are not residents do not exceed 30 (1) $20,000, if the candidate or individual is seeking the office of 31 governor or lieutenant governor;
01 (2) $5,000, if the candidate or individual is seeking the office of state 02 senator; 03 (3) $3,000, if the candidate or individual is seeking the office of state 04 representative or municipal or other office. 05 * Sec. 19. AS 15.13.072(g) is amended to read: 06 (g) A candidate or an individual who has filed with the director 07 [COMMISSION] the document necessary to permit that individual to incur election- 08 related expenses under AS 15.13.100 for election or reelection to the office of 09 governor or lieutenant governor may not solicit or accept a contribution in the capital 10 city while the legislature is convened in a regular or special legislative session. 11 * Sec. 20. AS 15.13.074(c) is amended to read: 12 (c) A person or group may not make a contribution 13 (1) to a candidate or an individual who files with the director 14 [COMMISSION] the document necessary to permit that individual to incur certain 15 election-related expenses as authorized by AS 15.13.100 when the office is to be filled 16 at a general election before the date that is 18 months before the general election; 17 (2) to a candidate or an individual who files with the director 18 [COMMISSION] the document necessary to permit that individual to incur certain 19 election-related expenses as authorized by AS 15.13.100 for an office that is to be 20 filled at a special election or municipal election before the date that is 18 months 21 before the date of the regular municipal election or that is before the date of the 22 proclamation of the special election at which the candidate or individual seeks election 23 to public office; or 24 (3) to any candidate later than the 45th day 25 (A) after the date of a primary election if the candidate 26 (i) has been nominated at the primary election or is 27 running as a write-in candidate; and 28 (ii) is not opposed at the general election; 29 (B) after the date of the primary election if the candidate was 30 not nominated at the primary election; or 31 (C) after the date of the general election, or after the date of a
01 municipal or municipal runoff election, if the candidate was opposed at the 02 general, municipal, or municipal runoff election. 03 * Sec. 21. AS 15.13.074(g) is amended to read: 04 (g) An individual required to register as a lobbyist under AS 24.45 may not 05 make a contribution to a candidate for the legislature at any time the individual is 06 subject to the registration requirement under AS 24.45 and for one year after the date 07 of the individual's initial registration or its renewal. However, the individual may 08 make a contribution under this section to a candidate for the legislature in a district in 09 which the individual is eligible to vote or will be eligible to vote on the date of the 10 election. An individual who is subject to the restrictions of this subsection shall report 11 to the director [COMMISSION], on a form provided by the director 12 [COMMISSION], each contribution made while required to register as a lobbyist 13 under AS 24.45. This subsection does not apply to a representational lobbyist as 14 defined in regulation [REGULATIONS OF THE COMMISSION]. 15 * Sec. 22. AS 15.13.078(b) is amended to read: 16 (b) The provisions of this chapter do not prohibit the individual who is a 17 candidate from lending any amount to the campaign of the candidate. Loans made by 18 the candidate shall be reported as contributions in accordance with AS 15.13.040 and 19 15.13.110. However, the candidate may not 20 (1) recover, under this section and AS 15.13.116(a)(4), the amount of a 21 loan made by the candidate to the candidate's own campaign that exceeds 22 (A) $25,000, if the candidate ran for governor or lieutenant 23 governor; 24 (B) $10,000, if the candidate ran for 25 (i) the legislature; or 26 (ii) delegate to a constitutional convention; 27 (C) $10,000, if the candidate was a judge seeking retention; 28 (D) $5,000, if the candidate ran in a municipal election; or 29 (2) repay a loan that the candidate has made to the candidate's own 30 campaign unless, within five days of making the loan, the candidate notifies the 31 director [COMMISSION], on a form provided by the director [COMMISSION], of
01 the candidate's intention to repay the loan under AS 15.13.116(a)(4). 02 * Sec. 23. AS 15.13.082(c) is amended to read: 03 (c) If a candidate receives a contribution in the form of cash, check, money 04 order, or other negotiable instrument and is subject to being reported to the director 05 [COMMISSION] under this chapter, the candidate may neither expend the 06 contribution nor, in the case of a negotiable instrument, convert it to cash unless the 07 candidate, campaign treasurer, or deputy campaign treasurer first records the 08 following information for disclosure to the director [COMMISSION]: 09 (1) the name, address, principal occupation, and employer of the 10 contributor; and 11 (2) the date and amount of the contribution. 12 * Sec. 24. AS 15.13.110(b) is amended to read: 13 (b) Each contribution that exceeds $250 and that is made within nine days of 14 the election shall be reported to the director [COMMISSION] by date, amount, and 15 contributor within 24 hours of receipt by the candidate, group, campaign treasurer, or 16 deputy campaign treasurer. Each contribution to a nongroup entity for the purpose of 17 influencing the outcome of an election that exceeds $250 and that is made within nine 18 days of the election shall be reported to the director [COMMISSION] by date, 19 amount, and contributor within 24 hours of receipt by the nongroup entity. 20 * Sec. 25. AS 15.13.110(c) is amended to read: 21 (c) All reports required by this chapter shall be filed with the director 22 [COMMISSION'S CENTRAL OFFICE] and shall be kept open to public inspection. 23 [WITHIN 30 DAYS AFTER EACH ELECTION, THE COMMISSION SHALL 24 PREPARE A SUMMARY OF EACH REPORT WHICH SHALL BE MADE 25 AVAILABLE TO THE PUBLIC AT COST UPON REQUEST. EACH SUMMARY 26 SHALL USE UNIFORM CATEGORIES OF REPORTING.] 27 * Sec. 26. AS 15.13.110(f) is amended to read: 28 (f) During the year in which the election is scheduled, each of the following 29 shall file the campaign disclosure reports in the manner and at the times required by 30 this section: 31 (1) a person who, under the regulations adopted by the director
01 [COMMISSION] to implement AS 15.13.100, indicates an intention to become a 02 candidate for elective state executive or legislative office; 03 (2) a person who has filed a nominating petition under AS 15.25.140 - 04 15.25.200 to become a candidate at the primary election for elective state executive or 05 legislative office; 06 (3) a person who campaigns as a write-in candidate for elective state 07 executive or legislative office at the general election; and 08 (4) a group or nongroup entity that receives contributions or makes 09 expenditures on behalf of or in opposition to a person described in (1) - (3) of this 10 subsection, except as provided for certain independent expenditures by nongroup 11 entities in AS 15.13.135(a). 12 * Sec. 27. AS 15.13.112(b) is amended to read: 13 (b) Campaign contributions held by a candidate or group may not be 14 (1) used to give a personal benefit to the candidate or to another 15 person; 16 (2) converted to personal income of the candidate; 17 (3) loaned to a person; 18 (4) knowingly used to pay more than the fair market value for goods or 19 services purchased for the campaign; 20 (5) used to pay a criminal fine; 21 (6) used to pay civil penalties; however, campaign contributions held 22 by a candidate or group may be used to pay a civil penalty assessed under this chapter 23 if authorized by the director [COMMISSION] or a court after the director or the 24 court [IT] first determines that 25 (A) the candidate, campaign treasurer, and deputy campaign 26 treasurer did not cause or participate in the violation for which the civil penalty 27 is imposed and exercised a reasonable level of oversight over the campaign; 28 and 29 (B) the candidate, campaign treasurer, and deputy campaign 30 treasurer cooperated in the revelation of the violation and in its immediate 31 correction; or
01 (7) used to make contributions to another candidate or to a group. 02 * Sec. 28. AS 15.13.145(d) is amended to read: 03 (d) When expenditure of money is authorized by (b) or (c) of this section and 04 is used to influence the outcome of an election, the expenditures shall be reported to 05 the director [COMMISSION] in the same manner as an individual is required to 06 report under AS 15.13.040. 07 * Sec. 29. AS 15.13.380 is repealed and reenacted to read: 08 Sec. 15.13.380. Violations; limitations on actions. (a) A person may bring a 09 civil action to enforce a provision of this chapter. The person shall provide copies of 10 the complaint filed in the court to the director and the attorney general. A complaint 11 may not be filed if more than two years have elapsed from the date of the alleged 12 violation. 13 (b) When, after being sworn into office, a successful candidate or the 14 campaign treasurer or deputy campaign treasurer of a person who was a successful 15 candidate is charged with a violation of this chapter, the case shall be promptly tried 16 and accorded a preferred position for purposes of argument and decision, so as to 17 assure a speedy disposition of the matter. 18 (c) If, after being sworn into office, a person who was a successful candidate 19 or the campaign treasurer or deputy campaign treasurer of a person who was a 20 successful candidate is convicted of a violation of this chapter, proceedings shall be 21 held and appropriate action taken in accordance with 22 (1) art. II, sec. 12 of the state constitution, if the candidate is a 23 candidate for the state legislature; 24 (2) art. II, sec. 20 of the state constitution, if the candidate is a 25 candidate for governor or lieutenant governor; 26 (3) AS 29.20.170, if the candidate is a candidate for the borough 27 assembly; 28 (4) AS 29.20.280, if the candidate is a candidate for borough mayor; 29 (5) AS 29.20.170, if the candidate is a candidate for city council; 30 (6) AS 29.20.280, if the candidate is a candidate for city mayor; 31 (7) the provisions of the call for the constitutional convention, if the
01 candidate is a candidate for constitutional convention delegate; 02 (8) art. IV, sec. 10 of the state constitution, if the candidate is a 03 candidate for judicial retention. 04 * Sec. 30. AS 15.13 amended by adding a new section to read: 05 Sec. 15.13.386. Enforcement by attorney general. (a) The attorney general 06 may bring a civil action to enforce a provision of this chapter. 07 (b) If the attorney general has cause to believe that a person has violated a 08 section of this chapter, the attorney general may 09 (1) examine under oath any person in connection with the violation; 10 (2) issue subpoenas to require the attendance of witnesses or the 11 production of documents or other physical evidence, administer oaths, and conduct 12 hearings to aid an investigative inquiry; service of an order or subpoena shall be made 13 in the same manner as the summons in a civil action in the superior court; and 14 (3) petition a court of the state to enforce subpoenas and process or to 15 compel testimony. 16 (c) The attorney general may adopt regulations and forms necessary for 17 investigation and enforcement of violations of this chapter. 18 (d) The attorney general is legal counsel for the director. 19 * Sec. 31. AS 15.13.390(a) is amended to read: 20 (a) A person who fails to register when required by AS 15.13.050(a) or who 21 fails to file a properly completed and certified report within the time required by 22 AS 15.13.040, 15.13.060(b) - (d), 15.13.110(a)(1), (3), or (4), (e), or (f) is liable in a 23 civil action to the state for [SUBJECT TO] a civil penalty of not more than $50 a day 24 for each day the delinquency continues as the court determines [DETERMINED BY 25 THE COMMISSION SUBJECT TO RIGHT OF APPEAL TO THE SUPERIOR 26 COURT]. A person who fails to file a properly completed and certified report within 27 the time required by AS 15.13.110(a)(2) or 15.13.110(b) is subject to a civil penalty of 28 not more than $500 a day for each day the delinquency continues as the court 29 determines [DETERMINED BY THE COMMISSION SUBJECT TO RIGHT OF 30 APPEAL TO THE SUPERIOR COURT]. A person who violates a provision of this 31 chapter, except a provision requiring registration or filing of a report within a time
01 required as otherwise specified in this section, is subject to a civil penalty of not more 02 than $50 a day for each day the violation continues as the court determines. In 03 making its determination, the court may consider [DETERMINED BY THE 04 COMMISSION, SUBJECT TO RIGHT OF APPEAL TO THE SUPERIOR COURT. 05 AN AFFIDAVIT STATING] facts in mitigation [MAY BE SUBMITTED TO THE 06 COMMISSION BY A PERSON AGAINST WHOM A CIVIL PENALTY IS 07 ASSESSED]. However, the imposition of the penalties prescribed in this section or in 08 AS 15.13.380 does not excuse that person from registering or filing reports required 09 by this chapter. 10 * Sec. 32. AS 15.13.390(e) is amended to read: 11 (e) If the [COMMISSION OR] superior court finds that the violation was not 12 a repeat violation or was not part of a series or pattern of violations, was inadvertent, 13 was quickly corrected, and had no adverse effect on the campaign of another, the 14 [COMMISSION OR THE] court may 15 (1) suspend imposition of the penalties; and 16 (2) order the penalties set aside if the person does not engage in a 17 similar violation for a period of one year. 18 * Sec. 33. AS 15.13.400(8) is amended to read: 19 (8) "group" means 20 (A) every state and regional executive committee of a political 21 party; and 22 (B) any combination of two or more individuals acting jointly 23 who organize for the principal purpose of influencing the outcome of one or 24 more elections and who take action the major purpose of which is to influence 25 the outcome of an election; a group that makes expenditures or receives 26 contributions with the authorization or consent, express or implied, or under 27 the control, direct or indirect, of a candidate shall be considered to be 28 controlled by that candidate; a group whose major purpose is to further the 29 nomination, election, or candidacy of only one individual, or intends to expend 30 more than 50 percent of its money on a single candidate, shall be considered to 31 be controlled by that candidate and its actions done with the candidate's
01 knowledge and consent unless, within 10 days from the date the candidate 02 learns of the existence of the group the candidate files with the director 03 [COMMISSION], on a form provided by the director [COMMISSION], an 04 affidavit that the group is operating without the candidate's control; a group 05 organized for more than one year preceding an election and endorsing 06 candidates for more than one office or more than one political party is 07 presumed not to be controlled by a candidate; however, a group that 08 contributes more than 50 percent of its money to or on behalf of one candidate 09 shall be considered to support only one candidate for purposes of 10 AS 15.13.070, whether or not control of the group has been disclaimed by the 11 candidate; 12 * Sec. 34. AS 15.25.030(c) is amended to read: 13 (c) An incumbent public official, other than a legislator, who has a current 14 statement of income sources and business interests under AS 39.50 on file with the 15 director [ALASKA PUBLIC OFFICES COMMISSION], or an incumbent legislator 16 who has a current disclosure statement under AS 24.60.200 on file with the director 17 [ALASKA PUBLIC OFFICES COMMISSION], is not required to file a statement of 18 income sources and business interests or a disclosure statement with the declaration of 19 candidacy under (b) of this section. 20 * Sec. 35. AS 15.25.180(c) is amended to read: 21 (c) An incumbent public official, other than a legislator, who has a current 22 statement of income sources and business interests under AS 39.50 on file with the 23 director [ALASKA PUBLIC OFFICES COMMISSION], or an incumbent legislator 24 who has a current disclosure statement under AS 24.60.200 on file with the director 25 [ALASKA PUBLIC OFFICES COMMISSION], is not required to file a statement of 26 income sources and business interests or a disclosure statement with the nominating 27 petition under (b) of this section. 28 * Sec. 36. AS 24.45.021 is amended to read: 29 Sec. 24.45.021. Administration. (a) This chapter shall be administered by 30 the director of elections [ALASKA PUBLIC OFFICES COMMISSION CREATED 31 UNDER AS 15.13.020(a)].
01 (b) The director of elections [COMMISSION] shall adopt regulations under 02 AS 44.62 (Administrative Procedure Act) to implement the provisions of this chapter. 03 * Sec. 37. AS 24.45.031 is repealed and reenacted to read: 04 Sec. 24.45.031. Powers and duties. The director of elections shall 05 (1) prescribe the forms for registration, reports, statements, notices, 06 and other documents required by this chapter; 07 (2) report suspected violations of this chapter to the attorney general. 08 * Sec. 38. AS 24.45.041(a) is amended to read: 09 (a) Before engaging in lobbying, a lobbyist shall file a registration statement 10 on a form prescribed by the director of elections [COMMISSION]. 11 * Sec. 39. AS 24.45.041(b) is amended to read: 12 (b) The registration form prescribed by the director of elections 13 [COMMISSION] must include 14 (1) the lobbyist's full name and complete permanent residence and 15 business address and telephone number, as well as any temporary residential and 16 business address and telephone number in the state capital during a legislative session; 17 (2) the full name and complete address of each person by whom the 18 lobbyist is retained or employed; 19 (3) whether the person from whom the lobbyist receives compensation 20 employs the person solely as a lobbyist or whether the person is a regular employee 21 performing other services for the employer that include but are not limited to the 22 influencing of legislative or administrative action; 23 (4) the nature or form of the lobbyist's compensation for engaging in 24 lobbying, including salary, fees, or reimbursement for expenses received in 25 consideration for, or directly in support of or in connection with, the influencing of 26 legislative or administrative action; 27 (5) a general description of the subjects or matters on which the 28 registrant expects to lobby or to engage in the influencing of legislative or 29 administrative action; 30 (6) the full name and complete address of the person, if other than the 31 registrant, who has custody of the accounts, books, papers, bills, receipts, and other
01 documents required to be maintained under this chapter; 02 (7) the identification of a legislator, legislative employee, or public 03 official to whom the lobbyist is married or who is the spousal equivalent of the 04 lobbyist; in this paragraph, "spousal equivalent" has the meaning given in 05 AS 39.50.200(a). 06 * Sec. 40. AS 24.45.041(d) is amended to read: 07 (d) If a change occurs in any of the information contained in a registration 08 statement filed under (a) of this section, or in any accompanying document, an 09 appropriate amendment shall be filed with the director of elections [COMMISSION] 10 within 10 days after the change. 11 * Sec. 41. AS 24.45.041(f) is amended to read: 12 (f) Each lobbyist shall renew the registration annually by filing a new 13 registration statement together with a new authorization to act as a lobbyist before 14 engaging in lobbying. The lobbyist also shall file any reports or statements the 15 lobbyist has failed to file for a previous reporting period. [THE COMMISSION MAY 16 NOT RENEW LOBBYING CREDENTIALS UNTIL THIS PROVISION IS 17 COMPLIED WITH.] 18 * Sec. 42. AS 24.45.041(g) is amended to read: 19 (g) An application for registration as a lobbyist under (a) of this section or for 20 renewal of a registration under (f) of this section is subject to a fee of $100. The 21 director of elections [COMMISSION] may not accept an application for registration 22 or renew a registration until the fee is paid. This subsection does not apply to a 23 volunteer lobbyist under AS 24.45.161 or a representational lobbyist as defined in 24 regulation [UNDER REGULATIONS OF THE COMMISSION]. 25 * Sec. 43. AS 24.45.051 is amended to read: 26 Sec. 24.45.051. Reports. Each lobbyist registered under AS 24.45.041 shall 27 file with the director of elections [COMMISSION] a report concerning the lobbyist's 28 activities during each reporting period prescribed in AS 24.45.081, so long as the 29 lobbyist continues to engage in lobbying activities. The report shall be made on a 30 form prescribed by the director of elections [COMMISSION] and filed in accordance 31 with AS 24.45.071 and 24.45.081. The report also must include any changes in the
01 information required to be supplied under AS 24.45.041(b) and the following 02 information for the reporting period, as applicable: 03 (1) the source of income, as defined in AS 39.50.200(a) and the 04 monetary value of all payments, including [BUT NOT LIMITED TO] salary, fees, and 05 reimbursement of expenses, received in consideration for or directly or indirectly in 06 support of or in connection with influencing legislative or administrative action, and 07 the full name and complete address of each person from whom amounts or things of 08 value have been received and the total monetary value received from each person; 09 (2) the aggregate amount of disbursements or expenditures made or 10 incurred during the period in support of or in connection with influencing legislative 11 or administrative action by the lobbyist, or on behalf of the lobbyist by the lobbyist's 12 employer in the following categories: 13 (A) food and beverages; 14 (B) living accommodations; 15 (C) travel; 16 (3) the date and nature of any gift exceeding $100 in value made to a 17 public official and the full name and official position of that person; 18 (4) the name and official position of each public official, and the name 19 of each member of the immediate family of any of these officials, with whom the 20 lobbyist has engaged in an exchange of money, goods, services, or anything of more 21 than $100 in value and the nature and date of each of these exchanges and the 22 monetary values exchanged; 23 (5) the name and address of any business entity in which the lobbyist 24 knows or has reason to know that a public official is a proprietor, partner, director, 25 officer or manager, or has a controlling interest, and whom the lobbyist has engaged in 26 an exchange of money, goods, services, or anything of value and the nature and date 27 of each exchange and the monetary value exchanged if the total value of these 28 exchanges is $100 or more in a calendar year; and 29 (6) a notice of termination if the lobbyist has ceased the lobbying 30 activity that required registration under this chapter and if this report constitutes the 31 final report of the lobbyist's activities.
01 * Sec. 44. AS 24.45.061(a) is amended to read: 02 (a) Within 15 days after employing, retaining, or contracting for the 03 employment or retention of a lobbyist, the person who employs, retains, or who 04 contracts for the services of a lobbyist shall file a statement with the director of 05 elections [COMMISSION] authorizing or verifying that employment, retention, or 06 contract for lobbying services. 07 * Sec. 45. AS 24.45.091 is amended to read: 08 Sec. 24.45.091. Publication of reports. Copies of the statements and reports 09 filed under this chapter shall be made available to the public at the [COMMISSION'S 10 CENTRAL OFFICE, THE ] office of the lieutenant governor and [,] the legislative 11 reference library of the Legislative Affairs Agency [, AND AT THE COMMISSION'S 12 DISTRICT OFFICES PRESCRIBED IN AS 15.13.020(j)] as soon as practicable after 13 each reporting period. 14 * Sec. 46. AS 24.45.101 is amended to read: 15 Sec. 24.45.101. Public records. Statements and reports filed under this 16 chapter are public records and shall be available for public inspection and copying 17 during normal business hours at the expense of the person requesting copies; however, 18 the charge for copying may not exceed actual cost [TO THE COMMISSION]. 19 * Sec. 47. AS 24.45.111 is amended to read: 20 Sec. 24.45.111. Preservation of records. (a) A person required to register or 21 report as a lobbyist shall preserve all accounts, bills, receipts, books, papers, and 22 documents necessary to substantiate the reports required to be made and filed under 23 this chapter for a period of at least one year from the date of the filing of the report 24 containing these items. These accounts, bills, receipts, books, papers, and other 25 documents shall be made available for inspection by the attorney general 26 [COMMISSION, OR MEMBERS OF ITS STAFF, AT ANY TIME]. If a lobbyist is 27 required under the terms of the lobbyist's employment contract to turn any records 28 over to the employer, responsibility for the preservation of these records under this 29 section rests with the employer. 30 (b) The director of elections [COMMISSION] shall preserve the statements 31 and reports required to be filed under this chapter for a period of six years from the
01 date of filing. [IF THE COMMISSION'S CENTRAL OFFICE IS NOT IN THE 02 STATE CAPITAL, COPIES OF ALL STATEMENTS AND REPORTS FILED 03 UNDER THIS CHAPTER SHALL BE MAINTAINED IN AN OFFICE 04 ESTABLISHED BY THE COMMISSION IN THE STATE CAPITAL OR IN THE 05 OFFICE OF THE LIEUTENANT GOVERNOR.] 06 * Sec. 48. AS 24.45.116 is amended to read: 07 Sec. 24.45.116. Disclosure of contributions. A civic league or organization 08 shall report the total amount of contributions received for the reporting period and for 09 any contribution over $100, the name of the contributor and the amount contributed. 10 The civic league or organization may establish a separate fund to account for receipts 11 and expenditures arising out of activities to influence legislative action. Reports shall 12 be made on a form provided by the director of elections [COMMISSION] on 13 February 10, April 25, and July 10 of each year, listing contributions received during 14 the period that ended 10 days earlier. 15 * Sec. 49. AS 24.45.121(a)(8) is amended to read: 16 (a) A lobbyist may not 17 (1) engage in any activity as a lobbyist before registering under AS 18 24.45.041; 19 (2) do anything with the intent of placing a public official under 20 personal obligation to the lobbyist or to the lobbyist's employer; 21 (3) intentionally deceive or attempt to deceive any public official with 22 regard to any material fact pertinent to pending or proposed legislative or 23 administrative action; 24 (4) cause or influence the introduction of a legislative measure solely 25 for the purpose of thereafter being employed to secure its passage or its defeat; 26 (5) cause a communication to be sent to a public official in the name of 27 any fictitious person or in the name of any real person, except with the consent of that 28 person; 29 (6) accept or agree to accept any payment in any way contingent upon 30 the defeat, enactment, or outcome of any proposed legislative or administrative action; 31 (7) serve as a member of a state board, or commission, if the lobbyist's
01 employer may receive direct economic benefit from a decision of that board or 02 commission; 03 (8) serve as a campaign manager or director, serve as a campaign 04 treasurer or deputy campaign treasurer on a finance or fund-raising committee, host a 05 fund-raising event, directly or indirectly collect contributions for, or deliver 06 contributions to, a candidate, or otherwise engage in the fund-raising activity of a 07 legislative campaign or campaign for governor or lieutenant governor if the lobbyist 08 has registered, or is required to register as a lobbyist, under this chapter, during the 09 calendar year; this paragraph does not apply to a representational lobbyist as defined 10 in regulation [THE REGULATIONS OF THE ALASKA PUBLIC OFFICES 11 COMMISSION], and does not prohibit a lobbyist from making personal contributions 12 to a candidate as authorized by AS 15.13 or personally advocating on behalf of a 13 candidate; 14 (9) offer, solicit, initiate, facilitate, or provide to or on behalf of a 15 person covered by AS 24.60, during a legislative session, a gift, other than food or 16 beverage for immediate consumption; 17 (10) make or offer a gift or a campaign contribution whose acceptance 18 by the person to whom it is offered would violate AS 24.60. 19 * Sec. 50. AS 24.45 is amended by adding new sections to read: 20 Sec. 24.45.133. Enforcement by private citizens. A person may bring a civil 21 action to enforce a provision of this chapter. 22 Sec. 24.45.135. Enforcement by the attorney general. The attorney general 23 may bring a civil action to enforce a provision of this chapter in the manner provided 24 in AS 15.13.386. 25 * Sec. 51. AS 24.45.141 is amended to read: 26 Sec. 24.45.141. Civil penalty: Late registration, filing of required 27 statements or reports. A person who fails to register or to file a properly completed 28 and certified report or statement, as applicable, within the time required by this chapter 29 is liable in a civil action to the state for [SUBJECT TO] a civil penalty of not more 30 than $10 a day for each day the delinquency continues as determined by the court. In 31 making its determination, the court may consider [COMMISSION SUBJECT TO
01 RIGHT OF APPEAL TO THE SUPERIOR COURT. AN AFFIDAVIT STATING] 02 facts in mitigation [MAY BE SUBMITTED TO THE COMMISSION BY A 03 PERSON AGAINST WHOM A CIVIL PENALTY IS ASSESSED]. However, the 04 imposition of the penalties prescribed in this section or in AS 24.45.151 does not 05 excuse the lobbyist or employer of a lobbyist from filing statements or reports required 06 by this chapter. 07 * Sec. 52. AS 24.60.080(d) is amended to read: 08 (d) A legislator or legislative employee who accepts a gift under (c)(4) of this 09 section that has a value of $250 or more shall disclose to the committee, within 30 10 days after receipt of the gift, the name and occupation of the donor and the 11 approximate value of the gift. A legislator or legislative employee who accepts a gift 12 under (c)(8) of this section that the recipient expects will have a value of $250 or more 13 in the calendar year shall disclose to the committee, within 30 days after receipt of the 14 gift, the name and occupation of the donor, a general description of the matter of 15 legislative concern with respect to which the gift is made, and the approximate value 16 of the gift. The committee shall maintain a public record of the disclosures it receives 17 relating to gifts under (c)(4) and (8) of this section and shall forward the disclosures to 18 the appropriate house for inclusion in the journal. The committee shall forward to the 19 director of elections [ALASKA PUBLIC OFFICES COMMISSION] copies of the 20 disclosures concerning gifts under (c)(4) and (8) of this section that it receives from 21 legislators and legislative directors. A legislator or legislative employee who accepts a 22 gift under (c)(6) of this section that has a value of $250 or more shall disclose to the 23 committee annually on or before March 15 the name and occupation of the donor and 24 a description of the gift. The committee shall maintain disclosures relating to gifts 25 under (c)(6) of this section as confidential records and may only use, or permit a 26 committee employee or contractor to use, a disclosure under (c)(6) of this section in 27 the investigation of a possible violation of this section or in a proceeding under 28 AS 24.60.170. If the disclosure under (c)(6) of this section becomes part of the record 29 of a proceeding under AS 24.60.170, the confidentiality provisions of that section 30 apply to the disclosure. 31 * Sec. 53. AS 24.60.170(l) is amended to read:
01 (l) Proceedings of the committee relating to complaints before it are 02 confidential until the committee determines that there is probable cause to believe that 03 a violation of this chapter has occurred. The complaint and all documents produced or 04 disclosed as a result of the committee investigation are confidential and not subject to 05 inspection by the public. If in the course of an investigation or probable cause 06 determination the committee finds evidence of probable criminal activity, the 07 committee shall transmit a statement and factual findings limited to that activity to the 08 appropriate law enforcement agency. If the committee finds evidence of a probable 09 violation of AS 15.13, the committee shall transmit a statement to that effect and 10 factual findings limited to the probable violation to the attorney general [ALASKA 11 PUBLIC OFFICES COMMISSION]. All meetings of the committee before the 12 determination of probable cause are closed to the public and to legislators who are not 13 members of the committee. However, the committee may permit the subject of the 14 complaint to attend a meeting other than the deliberations on probable cause. The 15 confidentiality provisions of this subsection may be waived by the subject of the 16 complaint. 17 * Sec. 54. AS 24.60.200 is amended to read: 18 Sec. 24.60.200. Financial disclosure by legislators, public members of the 19 committee, and legislative directors. A legislator, a public member of the 20 committee, and a legislative director shall file a disclosure statement, under oath and 21 on penalty of perjury, with the director of elections [ALASKA PUBLIC OFFICES 22 COMMISSION] giving the following information about the income received by the 23 discloser, the discloser's spouse or spousal equivalent, the discloser's dependent 24 children, and the discloser's nondependent children who are living with the discloser: 25 (1) the information that a public official is required to report under 26 AS 39.50.030, other than information about gifts; 27 (2) as to income in excess of $1,000 received as compensation for 28 personal services, the name and address of the source of the income, and a statement 29 describing the nature of the services performed; if the source of income is known or 30 reasonably should be known to have a substantial interest in legislative, 31 administrative, or political action and the recipient of the income is a legislator or a
01 legislative director, the amount of income received from the source shall be disclosed; 02 (3) as to each loan or loan guarantee over $1,000 from a source with a 03 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 * Sec. 55. AS 24.60.210 is amended to read: 08 Sec. 24.60.210. Deadlines for filing of disclosure statements. (a) A person 09 required to file a disclosure statement under AS 24.60.200 shall file an annual report 10 with the director of elections [ALASKA PUBLIC OFFICES COMMISSION], 11 covering the previous calendar year, containing the disclosures required by 12 AS 24.60.200, on or before March 15 of each year. 13 (b) Notwithstanding (a) of this section, a public member and a public member 14 nominee of the committee shall file an annual report with the director of elections 15 [ALASKA PUBLIC OFFICES COMMISSION], covering the previous calendar year, 16 containing the disclosures required by AS 24.60.200, on or before the second Monday 17 in January of each year. 18 * Sec. 56. AS 24.60.220 is amended to read: 19 Sec. 24.60.220. Administration of AS 24.60.200 - 24.60.260. The director 20 of elections [ALASKA PUBLIC OFFICES COMMISSION] shall 21 (1) adopt regulations to implement and interpret the provisions of 22 AS 24.60.200 - 24.60.260; 23 (2) prepare standardized forms on which the statements required by 24 AS 24.60.200 shall be filed; and 25 (3) [EXAMINE, INVESTIGATE, AND COMPARE ALL REPORTS 26 AND STATEMENTS REQUIRED UNDER AS 24.60.200, AND] report all possible 27 violations of this chapter that the director [IT] discovers to the committee. 28 * Sec. 57. AS 24.60.230 is amended to read: 29 Sec. 24.60.230. Statements as public records. A statement filed with the 30 director of elections [ALASKA PUBLIC OFFICES COMMISSION] under 31 AS 24.60.200 is a public record. A person is not required to comply with
01 AS 24.60.200 to the extent that a court of competent jurisdiction of the state 02 determines that legally privileged professional relationships or constitutional privacy 03 considerations would be violated by compliance. 04 * Sec. 58. AS 24.60.240 is amended to read: 05 Sec. 24.60.240. Civil penalty for late filing. A person required to file a 06 disclosure statement under AS 24.60.200 who fails to file a properly completed report 07 under AS 24.60.200 is liable in a civil action to the state for [SUBJECT TO] a civil 08 penalty of not more than $10 a day for each day the delinquency continues as the 09 court [ALASKA PUBLIC OFFICES COMMISSION] determines. In making its 10 determination, the court may consider [, SUBJECT TO APPEAL TO THE 11 SUPERIOR COURT. AN AFFIDAVIT STATING] facts in mitigation [MAY BE 12 SUBMITTED TO THE ALASKA PUBLIC OFFICES COMMISSION BY THE 13 PERSON AGAINST WHOM THE CIVIL PENALTY IS ASSESSED]. However, the 14 imposition of the penalties prescribed in this section does not excuse the person from 15 filing reports required by AS 24.60.200. 16 * Sec. 59. AS 24.60.250 is amended to read: 17 Sec. 24.60.250. Effect of failure to file. (a) In addition to the sanctions 18 described in AS 24.60.260, if [THE ALASKA PUBLIC OFFICES COMMISSION 19 FINDS THAT A CANDIDATE FOR THE LEGISLATURE WHO IS AN 20 INCUMBENT LEGISLATOR HAS FAILED TO FILE A REPORT UNDER 21 AS 24.60.200 BY MARCH 15, THE COMMISSION SHALL NOTIFY THE 22 CANDIDATE THAT THE REPORT IS LATE. IF] the candidate fails to file a [THE] 23 report under AS 24.60.200 within 30 days after it is due, 24 (1) the director of elections [COMMISSION] shall notify the 25 lieutenant governor; 26 (2) the candidate shall forfeit nomination to office and may not be 27 seated in office; 28 (3) the lieutenant governor may not certify the person's nomination for 29 office or election to office; and 30 (4) nomination to the office shall be certified as provided in 31 AS 39.50.060(b).
01 (b) In addition to the sanctions described in AS 24.60.260, if the director of 02 elections [ALASKA PUBLIC OFFICES COMMISSION] finds that a member of the 03 committee has failed or refused to file a report under AS 24.60.200 by a deadline 04 established in AS 24.60.210, the director of elections [IT] shall notify the presiding 05 officer of the appropriate legislative body. In the case of a public member of the 06 committee, the director of elections [COMMISSION] shall notify both presiding 07 officers. 08 (c) In addition to the sanctions described in AS 24.60.260, if the director of 09 elections [ALASKA PUBLIC OFFICES COMMISSION] finds that a legislative 10 director has failed or refused to file a report under AS 24.60.200 by a deadline 11 established in AS 24.60.210, the director of elections [IT] shall notify the Alaska 12 Legislative Council or the Legislative Budget and Audit Committee, as appropriate. 13 For the ombudsman, the Alaska Legislative Council shall be notified. 14 * Sec. 60. AS 24.60.260 is amended to read: 15 Sec. 24.60.260. Prohibited conduct relating to disclosures. (a) A person 16 required to make a disclosure under this chapter may not knowingly make a false or 17 deliberately misleading or incomplete disclosure to the committee or to the director of 18 elections [ALASKA PUBLIC OFFICES COMMISSION]. A person who files a 19 disclosure after a deadline set by this chapter or by a regulation adopted by the 20 committee or by the director of elections [ALASKA PUBLIC OFFICES 21 COMMISSION] has violated this chapter and may be subject to imposition of a fine 22 as provided in (c) of this section or AS 24.60.240. 23 (b) A person who violates this section is subject to a proceeding under 24 AS 24.60.170, in addition to penalties that may be imposed [BY THE ALASKA 25 PUBLIC OFFICES COMMISSION] under AS 24.60.240 and [TO THE PENALTY 26 SET OUT IN] AS 24.60.250. 27 (c) The committee may impose a fine on a person who files a disclosure after 28 a deadline set by this chapter. The amount of the fine imposed under this subsection 29 may not exceed $2 for each day to a maximum of $100 for each disclosure for a late 30 disclosure. However, if the committee finds that a late filing was inadvertent, the 31 maximum fine the committee may impose under this subsection is $25.
01 * Sec. 61. AS 24.60.970 is amended to read: 02 Sec. 24.60.970. Actions by the attorney general. The attorney general may 03 independently bring a civil action to enforce a provision of [ACTIONS RELATING 04 TO VIOLATIONS UNDER] this chapter, regardless of the outcome or settlement of a 05 charge before the committee, in the manner provided in AS 15.13.386. This section 06 does not prohibit the attorney general from bringing an action under another civil or 07 criminal law. 08 * Sec. 62. AS 24.60.990(a)(11) is amended to read: 09 (11) "lobbyist" means a person who is required to register under 10 AS 24.45.041 and is described under AS 24.45.171(8)(A), but does not include a 11 volunteer lobbyist described in AS 24.45.161(a)(1) or a representational lobbyist as 12 defined in regulation adopted under AS 24.45 [UNDER REGULATIONS OF THE 13 ALASKA PUBLIC OFFICES COMMISSION]; 14 * Sec. 63. AS 39.50.020(b) is amended to read: 15 (b) A public official other than an elected or appointed municipal officer shall 16 file the statement with the director [ALASKA PUBLIC OFFICES COMMISSION]. 17 Candidates for the office of governor and lieutenant governor and, if the candidate is 18 not subject to AS 24.60, the legislature shall file the statement under AS 15.25.030 or 19 15.25.180. Municipal officers, and candidates for elective municipal office, shall file 20 with the municipal clerk or other municipal official designated to receive their filing 21 for office. All statements required to be filed under this chapter are public records. 22 * Sec. 64. AS 39.50.050(a) is amended to read: 23 (a) The director [ALASKA PUBLIC OFFICES COMMISSION CREATED 24 UNDER AS 15.13.020(a)] shall administer the provisions of this chapter. The 25 director [COMMISSION] shall prepare and keep available for distribution, 26 standardized forms on which the reports required by this chapter shall be filed. 27 * Sec. 65. AS 39.50.050(b) is amended to read: 28 (b) The director [COMMISSION] shall adopt regulations to implement and 29 interpret the provisions of this chapter. Regulations or interpretation shall be within 30 the intent and purpose of this chapter and are subject to judicial review under the 31 Administrative Procedure Act (AS 44.62).
01 * Sec. 66. AS 39.50 is amended by adding a new section to read: 02 Sec. 39.50.105. Enforcement by attorney general. The attorney general 03 may investigate or bring a civil action to enforce a provision of this chapter in the 04 manner provided in AS 15.13.386. 05 * Sec. 67. AS 39.50.135 is amended to read: 06 Sec. 39.50.135. Civil penalty: Late filing of required reports. A person 07 who fails to file a properly completed and certified report within the time required by 08 this chapter is liable in a civil action to the state for [SUBJECT TO] a civil penalty 09 of not more than $10 a day for each day the delinquency continues as the court 10 [COMMISSION] determines [SUBJECT TO APPEAL TO THE SUPERIOR 11 COURT]. In making its determination, a court may consider [AN AFFIDAVIT 12 STATING] facts in mitigation [MAY BE SUBMITTED TO THE COMMISSION BY 13 A PERSON AGAINST WHOM A CIVIL PENALTY IS ASSESSED]. However, the 14 imposition of the penalties prescribed in this section or in AS 39.50.060 - 39.50.130 15 does not excuse that person from filing reports required by this chapter. 16 * Sec. 68. AS 39.50.200(a) is amended by adding a new paragraph to read: 17 (11) "director" means the director of elections appointed under 18 AS 15.10.105. 19 * Sec. 69. AS 39.52.180(d) is amended to read: 20 (d) A former governor, lieutenant governor, or head of a principal department 21 in the executive branch may not engage in activity as a lobbyist under AS 24.45 for a 22 period of one year after leaving service as the governor, lieutenant governor, or 23 department head, as appropriate. This subsection does not prohibit service as a 24 volunteer lobbyist described in AS 24.45.161(a)(1) or a representational lobbyist as 25 defined in regulation adopted under AS 24.45 [UNDER REGULATIONS OF THE 26 ALASKA PUBLIC OFFICES COMMISSION]. 27 * Sec. 70. AS 39.52.340(a) is amended to read: 28 (a) Except as provided in AS 39.52.335, before the initiation of formal 29 proceedings under AS 39.52.350, the complaint and all other documents and 30 information regarding an investigation conducted under this chapter or obtained by the 31 attorney general during the investigation are confidential and not subject to inspection
01 by the public. In the case of a complaint concerning the governor, lieutenant 02 governor, or attorney general, all meetings of the personnel board concerning the 03 complaint and investigation before the determination of probable cause are closed to 04 the public. If, in the course of an investigation or probable cause determination, the 05 attorney general finds evidence of probable criminal activity, the attorney general shall 06 transmit a statement and factual findings limited to that activity to the appropriate law 07 enforcement agency. If the attorney general finds evidence of a probable violation of 08 AS 15.13, the attorney general may file a civil action in the manner provided in 09 AS 15.13.386 [SHALL TRANSMIT A STATEMENT TO THAT EFFECT AND 10 FACTUAL FINDINGS LIMITED TO THE PROBABLE VIOLATION TO THE 11 ALASKA PUBLIC OFFICES COMMISSION]. The attorney general and all persons 12 contacted during the course of an investigation shall maintain confidentiality regarding 13 the existence of the investigation. 14 * Sec. 71. AS 43.05.085 is amended to read: 15 Sec. 43.05.085. List of contributions. The commissioner shall prepare and 16 furnish to the director of elections [ALASKA PUBLIC OFFICES COMMISSION] 17 by July 1 of each year a list containing the total amount of contributions received by 18 each candidate and group for which a credit was received by an individual under 19 AS 43.20.013(a). The commissioner shall also mail a copy of the list to each of the 20 candidates and groups which were recipients of those credited contributions. The list 21 becomes public information under AS 40.25.110 - 40.25.120 on its delivery to the 22 director of elections [ALASKA PUBLIC OFFICES COMMISSION]. 23 * Sec. 72. AS 45.68.120(a) is amended to read: 24 (a) Registration is not required under AS 45.68.010 for 25 (1) a church or religious organization that is exempt from filing a 26 federal annual information return under 26 U.S.C. 6033(a)(2)(A); 27 (2) a candidate for national, state, or local office, and a political party 28 or other committee or group if the candidate, party, committee, or group is required to 29 file financial information with the director of elections [ALASKA PUBLIC 30 OFFICES COMMISSION] under AS 15.13 or with the Federal Election Commission 31 under 2 U.S.C. 431 - 456 (Federal Election Campaign Act);
01 (3) a charitable organization that does not intend to raise or receive 02 contributions, excluding government grants, in excess of $5,000 during a fiscal year of 03 the charitable organization, or that does not intend to receive contributions from more 04 than 10 persons during a fiscal year of the charitable organization if, in either 05 situation, 06 (A) all of the organization's functions, including solicitation, 07 are performed by persons who are not paid for their services; and 08 (B) an officer or member of the organization is not paid or does 09 not otherwise receive all or a part of the assets or income of the charitable 10 organization; 11 (4) a person or municipality who has a permit under AS 05.15.100. 12 * Sec. 73. AS 15.13.020, 15.13.045, 15.13.385, 15.13.390(b), 15.13.390(c), 15.13.400(2); 13 AS 24.45.041(e), 24.45.131; AS 39.25.120(c)(13); AS 39.50.200(a)(3), 39.50.200(b)(8); and 14 AS 44.62.330(a)(39) are repealed. 15 * Sec. 74. The uncodified law of the State of Alaska is amended by adding a new section to 16 read: 17 TRANSITION. (a) Litigation, hearings, investigations, and other proceedings 18 pending under a law repealed by this Act, or in connection with functions transferred by this 19 Act, continue in effect and may be continued and completed notwithstanding a transfer or 20 repeal provided for in this Act. 21 (b) Orders and regulations issued or adopted under authority of a law amended or 22 repealed by this Act and in effect on the day before the effective date of secs. 1 - 73 of this 23 Act, remain in effect for the term issued, or until amended, repealed, or revoked, vacated, or 24 otherwise modified under the provisions of this Act, and may continue to be implemented and 25 enforced, consistent with the changes made by this Act. 26 (c) Contracts, rights, liabilities, and obligations created by or under a law amended or 27 repealed by this Act, and in effect on the day before the effective date of secs. 1 - 73 of this 28 Act, remain in effect notwithstanding this Act's taking effect. Records, equipment, 29 appropriations, and other property of agencies of the state whose functions are transferred 30 under this Act shall be transferred to implement the provisions of this Act. 31 * Sec. 75. The uncodified law of the State of Alaska is amended by adding a new section to
01 read: 02 TRANSITION: REGULATIONS. Notwithstanding sec. 77 of this Act, the director 03 of elections or attorney general, acting under that person's respective authority conferred by 04 this Act or by a law amended or repealed by this Act, may proceed to adopt regulations 05 necessary to implement the changes made by this Act. The regulations take effect under 06 AS 44.62 (Administrative Procedure Act), but not before the effective date of the respective 07 statutory change. 08 * Sec. 76. Section 75 of this Act takes effect immediately under AS 01.10.070(c). 09 * Sec. 77. Except as provided in sec. 76 of this Act, this Act takes effect July 1, 2003.