HB 109: "An Act relating to the requirement for candidates, groups, legislators, public officials, and other persons to submit reports electronically to the Alaska Public Offices Commission; relating to disclosures by legislators, public members of the Select Committee on Legislative Ethics, legislative directors, public officials, and certain candidates for public office concerning services performed for compensation and concerning certain income, gifts, and other financial matters; requiring legislators, public members of the Select Committee on Legislative Ethics, legislative directors, public officials, and municipal officers to make certain financial disclosures when they leave office; relating to insignificant ownership interest in a business and to gifts from lobbyists for purposes of the Alaska Executive Branch Ethics Act; relating to certain restrictions on employment after leaving state service for purposes of the Alaska Executive Branch Ethics Act; and providing for an effective date."
00 HOUSE BILL NO. 109 01 "An Act relating to the requirement for candidates, groups, legislators, public officials, 02 and other persons to submit reports electronically to the Alaska Public Offices 03 Commission; relating to disclosures by legislators, public members of the Select 04 Committee on Legislative Ethics, legislative directors, public officials, and certain 05 candidates for public office concerning services performed for compensation and 06 concerning certain income, gifts, and other financial matters; requiring legislators, 07 public members of the Select Committee on Legislative Ethics, legislative directors, 08 public officials, and municipal officers to make certain financial disclosures when they 09 leave office; relating to insignificant ownership interest in a business and to gifts from 10 lobbyists for purposes of the Alaska Executive Branch Ethics Act; relating to certain 11 restrictions on employment after leaving state service for purposes of the Alaska 12 Executive Branch Ethics Act; and providing for an effective date."
01 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 02 * Section 1. AS 15.13.040(m) is amended to read: 03 (m) The commission shall require [MAY REQUEST] that the information 04 required under this chapter be submitted electronically but may, when extraordinary 05 circumstances warrant an exception, [SHALL] accept any information required 06 under this chapter that is typed in clear and legible black typeface or hand-printed in 07 dark ink on paper in a format approved by the commission or on forms provided by 08 the commission and that is filed with the commission. 09 * Sec. 2. AS 24.60.200 is amended to read: 10 Sec. 24.60.200. Financial disclosure by legislators, public members of the 11 committee, and legislative directors. A legislator, a public member of the committee, 12 and a legislative director shall file a disclosure statement, under oath and on penalty of 13 perjury, with the Alaska Public Offices Commission giving the following information 14 about the income received by the discloser, the discloser's spouse or domestic partner, 15 the discloser's dependent children, and the discloser's nondependent children who are 16 living with the discloser: 17 (1) the information that a public official is required to report under 18 AS 39.50.030, other than information about gifts; 19 (2) as to income in excess of $1,000 received as compensation for 20 personal services, the name and address of the source of the income, the amount of 21 the income, the number of hours of services performed to earn that income, and a 22 statement describing in detail the nature of the services performed; [IF THE SOURCE 23 OF INCOME IS KNOWN OR REASONABLY SHOULD BE KNOWN TO HAVE 24 A SUBSTANTIAL INTEREST IN LEGISLATIVE, ADMINISTRATIVE, OR 25 POLITICAL ACTION AND THE RECIPIENT OF THE INCOME IS A 26 LEGISLATOR OR A LEGISLATIVE DIRECTOR, THE AMOUNT OF INCOME 27 RECEIVED FROM THE SOURCE SHALL BE DISCLOSED;] 28 (3) as to each loan or loan guarantee over $1,000 from a source with a 29 substantial interest in legislative, administrative, or political action, the name and 30 address of the person making the loan or guarantee, the amount of the loan, the terms 31 and conditions under which the loan or guarantee was given, the amount outstanding
01 at the time of filing, and whether or not a written loan agreement exists. 02 * Sec. 3. AS 24.60.210 is amended to read: 03 Sec. 24.60.210. Deadlines for filing of disclosure statements. (a) A person 04 required to file a disclosure statement under AS 24.60.200 shall file an annual report 05 with the Alaska Public Offices Commission, covering the previous calendar year, 06 containing the disclosures required by AS 24.60.200, on or before March 15 of each 07 year. On or before the 90th day after ending service as a legislator or legislative 08 director, a former legislator or legislative director shall file with the Alaska 09 Public Offices Commission a report containing the disclosures required by 10 AS 24.60.200, covering any period of that service for which the legislator or 11 legislative director has not already filed a report. 12 (b) Notwithstanding (a) of this section, a public member and a public member 13 nominee of the committee shall file an annual report with the Alaska Public Offices 14 Commission, covering the previous calendar year, containing the disclosures required 15 by AS 24.60.200, on or before the second Monday in January of each year. On or 16 before the 90th day after ending service on the committee, a former public 17 member of the committee shall file with the Alaska Public Offices Commission a 18 report containing the disclosures required by AS 24.60.200, covering any period 19 of that service for which the public member has not already filed a report. 20 * Sec. 4. AS 24.60.210 is amended by adding a new subsection to read: 21 (c) The Alaska Public Offices Commission shall require that the reports 22 required under this section be submitted electronically but may, when extraordinary 23 circumstances warrant an exception, accept any information required under this 24 section that is typed in clear and legible black typeface or hand-printed in dark ink on 25 paper in a format approved by the commission or on forms provided by the 26 commission and that is filed with the commission. 27 * Sec. 5. AS 39.50.020 is amended to read: 28 Sec. 39.50.020. Report of financial and business interests. (a) A public 29 official other than the governor or the lieutenant governor shall file a statement giving 30 income sources and business interests, under oath and on penalty of perjury, within 30 31 days after taking office as a public official. Candidates for state elective office other
01 than a candidate who is subject to AS 24.60 shall file the statement with the director of 02 elections at the time of filing a declaration of candidacy or a nominating petition or 03 becoming a candidate by any other means. Candidates for elective municipal office 04 shall file the statement at the time of filing a nominating petition, declaration of 05 candidacy, or other required filing for the elective municipal office. Refusal or failure 06 to file within the time prescribed shall require that the candidate's filing fees, if any, 07 and filing for office be refused or that a previously accepted filing fee be returned and 08 the candidate's name removed from the filing records. A statement shall also be filed 09 by public officials no later than March 15 in each following year. On or before the 10 90th day after leaving office, a former public official shall file a statement 11 covering any period during the official's service in that office for which the public 12 official has not already filed a statement. Persons who are members of boards or 13 commissions not named in AS 39.50.200(b) are not required to file financial 14 statements. 15 (b) A public official or former public official other than an elected or 16 appointed municipal officer shall file the statement with the Alaska Public Offices 17 Commission. Candidates for the office of governor and lieutenant governor and, if the 18 candidate is not subject to AS 24.60, the legislature shall file the statement under 19 AS 15.25.030 or 15.25.180. Municipal officers, former municipal officers, and 20 candidates for elective municipal office, shall file with the municipal clerk or other 21 municipal official designated to receive their filing for office. All statements required 22 to be filed under this chapter are public records. 23 * Sec. 6. AS 39.50.030(b) is amended to read: 24 (b) Each statement filed by a public official or candidate under this chapter 25 must include the following: 26 (1) for [THE SOURCE OF] all income over $1,000 [$5,000] during 27 the preceding calendar year, including taxable and nontaxable capital gains, and each 28 gift with a value exceeding $250, received by the person, the person's spouse or 29 domestic partner, or the person's dependent child, [EXCEPT THAT A SOURCE OF 30 INCOME THAT IS A GIFT MUST BE INCLUDED IF THE VALUE OF THE GIFT 31 EXCEEDS $250]
01 (A) the source of the income or gift; 02 (B) the recipient of the income or gift; 03 (C) the amount of the income or value of the gift; 04 (D) the number of hours of services performed, if any, to 05 earn the income or for which the gift was given; and 06 (E) a detailed description of the nature of the services 07 performed; 08 (2) the identity, by name and address, of each business in which the 09 person, the person's spouse or domestic partner, or the person's dependent child has an 10 interest or was a stockholder, owner, officer, director, partner, proprietor, or employee 11 during the preceding calendar year, except that an interest of less than $1,000 [$5,000] 12 in the stock of a publicly traded corporation need not be included; 13 (3) the identity and nature of each interest in real property, including 14 an option to buy, owned at any time during the preceding calendar year by the person, 15 the person's spouse or domestic partner, or the person's dependent child; 16 (4) the identity of each trust or other fiduciary relation in which the 17 person, the person's spouse or domestic partner, or the person's dependent child held a 18 beneficial interest exceeding $1,000 [$5,000] during the preceding calendar year, a 19 description and identification of the property contained in each trust or relation, and 20 the nature and extent of the beneficial interest in it; 21 (5) any loan or loan guarantee of more than $1,000 [$5,000] made to 22 the person, the person's spouse or domestic partner, or the person's dependent child, 23 and the identity of the maker of the loan or loan guarantor and the identity of each 24 creditor to whom the person, the person's spouse or domestic partner, or the person's 25 dependent child owed more than $1,000 [$5,000]; this paragraph requires disclosure of 26 a loan, loan guarantee, or indebtedness only if the loan or guarantee was made, or the 27 indebtedness incurred, during the preceding calendar year, or if the amount still owing 28 on the loan, loan guarantee, or indebtedness was more than $1,000 [$5,000] at any 29 time during the preceding calendar year; 30 (6) a list of all contracts and offers to contract with the state or an 31 instrumentality of the state during the preceding calendar year held, bid, or offered by
01 the person, the person's spouse or domestic partner, or the person's dependent child, a 02 partnership or professional corporation of which the person is a member, or a 03 corporation in which the person or the person's spouse, domestic partner, or dependent 04 children, or a combination of them, hold a controlling interest; and 05 (7) a list of all mineral, timber, oil, or any other natural resource lease 06 held, or lease offer made, during the preceding calendar year by the person, the 07 person's spouse or domestic partner, or the person's dependent child, a partnership or 08 professional corporation of which the person is a member, or a corporation in which 09 the person or the person's spouse or domestic partner or dependent children, or a 10 combination of them, holds a controlling interest. 11 * Sec. 7. AS 39.50.050(a) is amended to read: 12 (a) The Alaska Public Offices Commission created under AS 15.13.020(a) 13 shall administer the provisions of this chapter. The commission shall prepare and keep 14 available for distribution standardized forms on which the reports required by this 15 chapter shall be filed. The commission shall print the forms provided under this 16 section so that the front and back of each page have the same orientation when the 17 page is rotated on the vertical axis of the page. The commission shall require [MAY 18 REQUEST] that the information required under this chapter be submitted 19 electronically but may, when extraordinary circumstances warrant an exception, 20 [SHALL] accept any information required under this chapter that is typed in clear and 21 legible black typeface or hand-printed in dark ink on paper in a format approved by 22 the commission or on forms provided by the commission and that is filed with the 23 commission. 24 * Sec. 8. AS 39.52.110 is amended by adding a new subsection to read: 25 (d) Stock or other ownership interest in a business is presumed to be 26 insignificant if the value of the stock or other ownership interest is less than $5,000. 27 * Sec. 9. AS 39.52.130(a) is amended to read: 28 (a) A public officer may not solicit, accept, or receive, directly or indirectly, a 29 gift, whether in the form of money, service, loan, travel, entertainment, hospitality, 30 employment, promise, or in any other form, that is a benefit to the officer's personal or 31 financial interests, under circumstances in which it could reasonably be inferred that
01 the gift is intended to influence the performance of official duties, actions, or 02 judgment. A gift from a person required to register as a lobbyist under 03 AS 24.45.041 to a public officer or a public officer's immediate family member is 04 presumed to be intended to influence the performance of official duties, actions, 05 or judgment unless the giver is an immediate family member of the person 06 receiving the gift. 07 * Sec. 10. AS 39.52.180(a) is amended to read: 08 (a) A public officer who leaves state service may not, for two years after 09 leaving state service, represent, advise, or assist a person for compensation regarding a 10 matter that was under consideration by the administrative unit served by that public 11 officer, and in which the officer participated personally and substantially through the 12 exercise of official action. For the purposes of this subsection, "matter" includes a 13 case, proceeding, application, contract, or determination [, BUT DOES NOT 14 INCLUDE THE PROPOSAL OR CONSIDERATION OF LEGISLATIVE BILLS, 15 RESOLUTIONS AND CONSTITUTIONAL AMENDMENTS, OR OTHER 16 LEGISLATIVE MEASURES; OR THE PROPOSAL, CONSIDERATION, OR 17 ADOPTION OF ADMINISTRATIVE REGULATIONS]. 18 * Sec. 11. AS 39.52.180(d) is amended to read: 19 (d) A former governor, lieutenant governor, [OR] head or deputy head of a 20 principal department in the executive branch, or employee of the Office of the 21 Governor in a policy-making position may not engage in activity as a lobbyist under 22 AS 24.45 for a period of one year after leaving service as the governor, lieutenant 23 governor, [OR] department head or deputy head, or employee of the Office of the 24 Governor in a policy-making position, as appropriate. This subsection does not 25 prohibit service as a volunteer lobbyist described in AS 24.45.161(a)(1) or a 26 representational lobbyist as defined under regulations of the Alaska Public Offices 27 Commission. 28 * Sec. 12. The uncodified law of the State of Alaska is amended by adding a new section to 29 read: 30 APPLICABILITY. Sections 10 and 11 of this Act apply to a person who leaves state 31 service on or after the effective date of secs. 10 and 11 of this Act.
01 * Sec. 13. Sections 1, 4, and 7 of this Act take effect July 1, 2007. 02 * Sec. 14. Except as provided in sec. 13 of this Act, this Act takes effect immediately under 03 AS 01.10.070(c).