CSHB 109(JUD) am: "An Act relating to bribery, receiving unlawful gratuities, and campaign contributions; denying public employee retirement pension benefits to certain legislators, legislative directors, and public officers who commit certain offenses, and adding to the duties of the Alaska Retirement Management Board and to the list of matters governed by the Administrative Procedure Act concerning that denial; relating to campaign financing and ethics, including disclosures, in state and municipal government, to lobbying, and to employment, service on boards, and disclosures by certain public officers and employees who leave state or municipal service or leave certain positions in state or municipal government; restricting representation of others by legislators and legislative employees; relating to blind trusts approved by the Alaska Public Offices Commission; and providing for an effective date."
00 CS FOR HOUSE BILL NO. 109(JUD) am 01 "An Act relating to bribery, receiving unlawful gratuities, and campaign contributions; 02 denying public employee retirement pension benefits to certain legislators, legislative 03 directors, and public officers who commit certain offenses, and adding to the duties of 04 the Alaska Retirement Management Board and to the list of matters governed by the 05 Administrative Procedure Act concerning that denial; relating to campaign financing 06 and ethics, including disclosures, in state and municipal government, to lobbying, and to 07 employment, service on boards, and disclosures by certain public officers and employees 08 who leave state or municipal service or leave certain positions in state or municipal 09 government; restricting representation of others by legislators and legislative employees; 10 relating to blind trusts approved by the Alaska Public Offices Commission; and 11 providing for an effective date." 12 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA:
01 * Section 1. AS 11.56.130 is amended to read: 02 Sec. 11.56.130. Definition. In AS 11.56.100 - 11.56.130, "benefit" has the 03 meaning ascribed to it in AS 11.81.900 but does not include 04 (1) political campaign contributions reported in accordance with 05 AS 15.13 unless the contribution is made or received in exchange for an 06 agreement to alter an elected official's or candidate's vote or position on a matter 07 the elected official has, or the candidate on election would have, the authority to 08 take official action on; in this paragraph, "official action" has the meaning given 09 in AS 39.52.960; 10 (2) concurrence in official action in the cause of legitimate 11 compromise between public servants; or 12 (3) support, including a vote, solicited by a public servant or offered by 13 any person in an election. 14 * Sec. 2. AS 14.25 is amended by adding a new section to read: 15 Sec. 14.25.212. Pension forfeiture. The provisions of AS 37.10.310 apply to 16 pension benefits under AS 14.25.009 - 14.25.220. 17 * Sec. 3. AS 14.25 is amended by adding a new section to read: 18 Sec. 14.25.532. Pension forfeiture. The provisions of AS 37.10.310 apply to 19 pension benefits under AS 14.25.310 - 14.25.590. 20 * Sec. 4. AS 15.13.040(g) is amended to read: 21 (g) The provisions of (a) and (l) of this section do not apply to a delegate to a 22 constitutional convention, a judge seeking judicial retention, or a candidate for 23 election to a municipal office under AS 15.13.010, if that delegate, judge, or [IF A] 24 candidate 25 (1) indicates, on a form prescribed by the commission, an intent not to 26 raise and not to expend more than $5,000 in seeking election to office, including both 27 the primary and general elections; 28 (2) accepts contributions totaling not more than $5,000 in seeking 29 election to office, including both the primary and general elections; and 30 (3) makes expenditures totaling not more than $5,000 in seeking 31 election to office, including both the primary and general elections.
01 * Sec. 5. AS 15.13.040(m) is repealed and reenacted to read: 02 (m) Information required under this chapter shall be submitted to the 03 commission electronically, except that the following information may be submitted in 04 clear and legible black typeface or hand-printed in dark ink on paper in a format 05 approved by the commission or on forms provided by the commission: 06 (1) information submitted by a candidate for municipal office; in this 07 paragraph, "municipal office" means the office of an elected borough or city 08 (A) mayor; or 09 (B) assembly, council, or school board member; 10 (2) any information if the commission determines that circumstances 11 warrant an exception to the electronic submission requirement; 12 (3) information submitted before January 1, 2009, by a candidate for 13 the legislature. 14 * Sec. 6. AS 15.13.040(m), as amended by sec. 5 of this Act, is amended to read: 15 (m) Information required under this chapter shall be submitted to the 16 commission electronically, except that the following information may be submitted in 17 clear and legible black typeface or hand-printed in dark ink on paper in a format 18 approved by the commission or on forms provided by the commission: 19 (1) information submitted by a candidate for municipal office for a 20 municipality with a population of less than 15,000; in this paragraph, "municipal 21 office" means the office of an elected borough or city 22 (A) mayor; or 23 (B) assembly, council, or school board member; 24 (2) any information if the commission determines that circumstances 25 warrant an exception to the electronic submission requirement [; 26 (3) INFORMATION SUBMITTED BEFORE JANUARY 1, 2009, BY 27 A CANDIDATE FOR THE LEGISLATURE]. 28 * Sec. 7. AS 22.25 is amended by adding a new section to read: 29 Sec. 22.25.800. Pension forfeiture. The provisions of AS 37.10.310 apply to 30 pension benefits under this chapter. 31 * Sec. 8. AS 24.45.031(a) is amended to read:
01 (a) In addition to its other duties under this chapter, the commission shall 02 (1) prescribe the forms for registration, reports, statements, notices, 03 and other documents required by this chapter; 04 (2) prepare and publish instructions setting out the methods of 05 accounting, bookkeeping, and preservation of records required to facilitate compliance 06 with and enforcement of this chapter and explaining the duties of persons subject to 07 the provisions of this chapter; the instructions shall be updated periodically; 08 (3) provide assistance to persons in complying with the provisions of 09 this chapter; 10 (4) prepare and publish a biennial report of its activities, findings, and 11 recommendations under this chapter, which shall be made available to the governor, 12 legislature, and to the public by February 1 of each odd-numbered calendar year; the 13 commission shall notify the legislature that the report is available; 14 (5) report suspected violations of this chapter to the attorney general; 15 (6) administer an annually updated training course that promotes 16 adherence to high ethical standards of professional conduct and teaches lobbyists 17 and employers of lobbyists how to comply with laws that regulate lobbyists. 18 * Sec. 9. AS 24.45.041(b) is amended to read: 19 (b) The registration form prescribed by the commission must include 20 (1) the lobbyist's full name and complete permanent residence and 21 business address and telephone number, as well as any temporary residential and 22 business address and telephone number in the state capital during a legislative session; 23 (2) the full name and complete address of each person by whom the 24 lobbyist is retained or employed; 25 (3) whether the person from whom the lobbyist receives compensation 26 employs the person solely as a lobbyist or whether the person is a regular employee 27 performing other services for the employer that include but are not limited to the 28 influencing of legislative or administrative action; 29 (4) the nature or form of the lobbyist's compensation for engaging in 30 lobbying, including salary, fees, or reimbursement for expenses received in 31 consideration for, or directly in support of or in connection with, the influencing of
01 legislative or administrative action; 02 (5) a general description of the subjects or matters on which the 03 registrant expects to lobby or to engage in the influencing of legislative or 04 administrative action; 05 (6) the full name and complete address of the person, if other than the 06 registrant, who has custody of the accounts, books, papers, bills, receipts, and other 07 documents required to be maintained under this chapter; 08 (7) the identification of a [LEGISLATOR,] legislative employee [,] or 09 public official to whom the lobbyist is married or who is the domestic partner of the 10 lobbyist; 11 (8) a sworn affirmation by the lobbyist that the lobbyist has 12 completed the training course administered by the commission under 13 AS 24.45.031(a) within the 12-month period preceding the date of registration or 14 registration renewal under this chapter, except this paragraph does not apply to 15 a person who is a representational lobbyist as defined under regulations of the 16 commission [IN THIS PARAGRAPH, "DOMESTIC PARTNER" HAS THE 17 MEANING GIVEN IN AS 39.50.200(a)]. 18 * Sec. 10. AS 24.45.121(a) is amended to read: 19 (a) A lobbyist may not 20 (1) engage in any activity as a lobbyist before registering under 21 AS 24.45.041; 22 (2) do anything with the intent of placing a public official under 23 personal obligation to the lobbyist or to the lobbyist's employer; 24 (3) intentionally deceive or attempt to deceive any public official with 25 regard to any material fact pertinent to pending or proposed legislative or 26 administrative action; 27 (4) cause or influence the introduction of a legislative measure solely 28 for the purpose of thereafter being employed to secure its passage or its defeat; 29 (5) cause a communication to be sent to a public official in the name of 30 any fictitious person or in the name of any real person, except with the consent of that 31 person;
01 (6) accept or agree to accept any payment in any way contingent upon 02 the defeat, enactment, or outcome of any proposed legislative or administrative action; 03 (7) serve as a member of a state board or commission, if the lobbyist's 04 employer may receive direct economic benefit from a decision of that board or 05 commission; 06 (8) serve as a campaign manager or director, serve as a campaign 07 treasurer or deputy campaign treasurer on a finance or fund-raising committee, host a 08 fund-raising event, directly or indirectly collect contributions for, or deliver 09 contributions to, a candidate, or otherwise engage in the fund-raising activity of a 10 legislative campaign or campaign for governor or lieutenant governor if the lobbyist 11 has registered, or is required to register, as a lobbyist under this chapter, during the 12 calendar year; this paragraph does not apply to a representational lobbyist as defined 13 in the regulations of the Alaska Public Offices Commission, and does not prohibit a 14 lobbyist from making personal contributions to a candidate as authorized by AS 15.13 15 or personally advocating on behalf of a candidate; 16 (9) offer, solicit, initiate, facilitate, or provide to or on behalf of a 17 person covered by AS 24.60 [, DURING A LEGISLATIVE SESSION], a gift, other 18 than food or beverage for immediate consumption; however, this paragraph does not 19 prohibit a lobbyist from providing [, DURING A LEGISLATIVE SESSION OR AT 20 ANY OTHER TIME OF THE YEAR,] tickets to a charity event described in 21 AS 24.60.080(a)(2)(B) [AS 24.60.080(c)(10)], or a contribution to a charity event 22 under AS 24.60.080(c)(10) [AS 24.60.080(c)(11)]; 23 (10) make or offer a gift or a campaign contribution whose acceptance 24 by the person to whom it is offered would violate AS 24.60 or AS 39.52. 25 * Sec. 11. AS 24.45.121 is amended by adding new subsections to read: 26 (d) An individual may not, at any time that AS 39.52 prohibits that individual 27 from engaging in activity as a lobbyist, register as a lobbyist under this chapter or 28 engage in any activity as a lobbyist. This subsection does not prohibit registration or 29 service as a volunteer lobbyist described in AS 24.45.161(a)(1) or a representational 30 lobbyist, as defined in regulation by the commission. 31 (e) The spouse or domestic partner of a legislator may not engage in activity
01 as a lobbyist. This subsection does not prohibit the spouse or domestic partner from 02 acting as a volunteer lobbyist under AS 24.45.161(a)(1) or a representational lobbyist, 03 as defined in regulation by the commission. 04 * Sec. 12. AS 24.45.171 is amended by adding a new paragraph to read: 05 (15) "domestic partner" has the meaning given in AS 39.50.200(a). 06 * Sec. 13. AS 24.60.020(a) is amended to read: 07 (a) Except as otherwise provided in this subsection, this chapter applies to a 08 member of the legislature, to a legislative employee, and to public members of the 09 committee. This chapter does not apply to 10 (1) a former member of the legislature or to a person formerly 11 employed by the legislative branch of government unless a [THE] provision of this 12 chapter specifically states that it applies; 13 (2) a person elected to the legislature who at the time of election is not 14 a member of the legislature. 15 * Sec. 14. AS 24.60.030(a) is amended to read: 16 (a) A legislator or legislative employee may not 17 (1) solicit, agree to accept, or accept a benefit other than official 18 compensation for the performance of public duties; this paragraph may not be 19 construed to prohibit lawful solicitation for and acceptance of campaign contributions, 20 solicitation or acceptance of contributions for a charity event, as defined in 21 AS 24.60.080(a)(2)(B) [AS 24.60.080(c)(10)], or the acceptance of a lawful gratuity 22 under AS 24.60.080; 23 (2) use public funds, facilities, equipment, services, or another 24 government asset or resource for a nonlegislative purpose, for involvement in or 25 support of or opposition to partisan political activity, or for the private benefit of either 26 the legislator, legislative employee, or another person; this paragraph does not prohibit 27 (A) limited use of state property and resources for personal 28 purposes if the use does not interfere with the performance of public duties and 29 either the cost or value related to the use is nominal or the legislator or 30 legislative employee reimburses the state for the cost of the use; 31 (B) the use of mailing lists, computer data, or other information
01 lawfully obtained from a government agency and available to the general 02 public for nonlegislative purposes; 03 (C) telephone or facsimile use that does not carry a special 04 charge; 05 (D) the legislative council, notwithstanding AS 24.05.190, 06 from designating a public facility for use by legislators and legislative 07 employees for health or fitness purposes; when the council designates a facility 08 to be used by legislators and legislative employees for health or fitness 09 purposes, it shall adopt guidelines governing access to and use of the facility; 10 the guidelines may establish times in which use of the facility is limited to 11 specific groups; 12 (E) a legislator from using the legislator's private office in the 13 capital city during a legislative session, and for the 10 days immediately before 14 and the 10 days immediately after a legislative session, for nonlegislative 15 purposes if the use does not interfere with the performance of public duties and 16 if there is no cost to the state for the use of the space and equipment, other than 17 utility costs and minimal wear and tear, or the legislator promptly reimburses 18 the state for the cost; an office is considered a legislator's private office under 19 this subparagraph if it is the primary space in the capital city reserved for use 20 by the legislator, whether or not it is shared with others; 21 (F) a legislator from use of legislative employees to prepare 22 and send out seasonal greeting cards; 23 (G) a legislator from using state resources to transport 24 computers or other office equipment owned by the legislator but primarily used 25 for a state function; 26 (H) use by a legislator of photographs of that legislator; 27 (I) reasonable use of the Internet by a legislator or a legislative 28 employee except if the use is for election campaign purposes; 29 (J) a legislator or legislative employee from soliciting, 30 accepting, or receiving a gift on behalf of a recognized, nonpolitical charitable 31 organization in a state facility;
01 (K) a legislator from sending any communication in the form of 02 a newsletter to the legislator's constituents, except a communication expressly 03 advocating the election or defeat of a candidate or a newsletter or material in a 04 newsletter that is clearly only for the private benefit of a legislator or a 05 legislative employee; or 06 (L) full participation in a charity event approved in advance by 07 the Alaska Legislative Council; 08 (3) knowingly seek, accept, use, allocate, grant, or award public funds 09 for a purpose other than that approved by law, or make a false statement in connection 10 with a claim, request, or application for compensation, reimbursement, or travel 11 allowances from public funds; 12 (4) require a legislative employee to perform services for the private 13 benefit of the legislator or employee at any time, or allow a legislative employee to 14 perform services for the private benefit of a legislator or employee on government 15 time; it is not a violation of this paragraph if the services were performed in an 16 unusual or infrequent situation and the person's services were reasonably necessary to 17 permit the legislator or legislative employee to perform official duties; 18 (5) use or authorize the use of state funds, facilities, equipment, 19 services, or another government asset or resource for the purpose of political fund 20 raising or campaigning; this paragraph does not prohibit 21 (A) limited use of state property and resources for personal 22 purposes if the use does not interfere with the performance of public duties and 23 either the cost or value related to the use is nominal or the legislator or 24 legislative employee reimburses the state for the cost of the use; 25 (B) the use of mailing lists, computer data, or other information 26 lawfully obtained from a government agency and available to the general 27 public for nonlegislative purposes; 28 (C) telephone or facsimile use that does not carry a special 29 charge; 30 (D) storing or maintaining, consistent with (b) of this section, 31 election campaign records in a legislator's office;
01 (E) a legislator from using the legislator's private office in the 02 capital city during a legislative session, and for the 10 days immediately before 03 and the 10 days immediately after a legislative session, for nonlegislative 04 purposes if the use does not interfere with the performance of public duties and 05 if there is no cost to the state for the use of the space and equipment, other than 06 utility costs and minimal wear and tear, or the legislator promptly reimburses 07 the state for the cost; an office is considered a legislator's private office under 08 this subparagraph if it is the primary space in the capital city reserved for use 09 by the legislator, whether or not it is shared with others; or 10 (F) use by a legislator of photographs of that legislator. 11 * Sec. 15. AS 24.60.030(c) is amended to read: 12 (c) Unless approved by the committee, during a campaign period for an 13 election in which the legislator or legislative employee is a candidate, a legislator or 14 legislative employee may not use or permit another to use state funds, other than funds 15 to which the legislator is entitled under AS 24.10.110, to print or distribute a political 16 mass mailing to individuals eligible to vote for the candidate. In this subsection, 17 (1) a "campaign period" is the period that 18 (A) begins 60 [90] days before the date of an election to the 19 board of an electric or telephone cooperative organized under AS 10.25, a 20 municipal election, or a primary election, or that begins on the date of the 21 governor's proclamation calling a special election; and 22 (B) ends the day after the cooperative election, municipal 23 election, or general or special election; 24 (2) a mass mailing is considered to be political if it is from or about a 25 legislator, legislative employee, or another person who is a candidate for election or 26 reelection to the legislature or another federal, state, or municipal office or to the 27 board of an electric or telephone cooperative. 28 * Sec. 16. AS 24.60.030(f) is amended to read: 29 (f) A legislative employee may not serve in a position that requires 30 confirmation by the legislature. A legislator or legislative employee who serves 31 [MAY SERVE] on a board of an organization, including a governmental entity, shall
01 disclose [THAT REGULARLY HAS A SUBSTANTIAL INTEREST IN THE 02 LEGISLATIVE ACTIVITIES OF THE LEGISLATOR OR EMPLOYEE IF THE 03 LEGISLATOR OR EMPLOYEE DISCLOSES] the board membership to the 04 committee. A person [A LEGISLATOR OR LEGISLATIVE EMPLOYEE WHO IS] 05 required to make a disclosure under this subsection shall file the disclosure with the 06 committee by the deadlines set out in AS 24.60.105 stating the name of each 07 organization on whose board the person serves. The committee shall maintain a public 08 record of the disclosure and forward the disclosure to the appropriate house for 09 inclusion in the journal. This subsection does not require a legislator or legislative 10 employee who is appointed to a board by the presiding officer to make a disclosure of 11 the appointment to the committee if the appointment has been published in the 12 appropriate legislative journal during the calendar year. 13 * Sec. 17. AS 24.60.040(a) is amended to read: 14 (a) A legislator or legislative employee, or a member of the immediate family 15 of a legislator or legislative employee, may not be a party to or have an interest in a 16 state contract or lease unless the contract or lease is let under AS 36.30 (State 17 Procurement Code) or, for agencies that are not subject to AS 36.30, under similar 18 procedures, or the total annual amount of the state contract or lease is $5,000 or less, 19 or is a standardized contract or lease that was developed under publicly established 20 guidelines and is generally available to the public at large, members of a profession, 21 occupation, or group. A person has an interest in a state contract or lease under this 22 section if the person receives direct or indirect financial benefits. A legislator or 23 legislative employee who participates in, or who knows or reasonably should know 24 that a family member is participating in, a state contract or lease that has an annual 25 value of $5,000 or more shall disclose the participation to the committee by the date 26 required under AS 24.60.105. The committee shall promptly forward the 27 disclosure to the appropriate house for inclusion in the journal, and the presiding 28 officer shall cause the disclosure to be published in the journal or in the 29 supplemental journal not later than the next regularly scheduled publication of 30 ethics disclosures. The legislator or legislative employee shall also disclose the 31 renegotiation of a state contract or lease if the original had to be disclosed under this
01 section or if, as a result of renegotiation, disclosure is required under this section. The 02 disclosure must state the amount of the contract or lease and the name of the state 03 agency issuing the contract or lease and must identify the procedures under which the 04 contract or lease was issued. If the disclosure concerns a contract or lease in which a 05 family member of the discloser is participating, the disclosure must identify the 06 relationship between the participant and the discloser. 07 * Sec. 18. AS 24.60.050(c) is amended to read: 08 (c) A legislator or legislative employee who participates in a program or 09 receives a loan that is not exempt from disclosure under (a) of this section shall file [A 10 WRITTEN REPORT] with the committee by the date required under AS 24.60.105 a 11 disclosure stating the amounts of the loans outstanding or benefits received during the 12 preceding calendar year from nonqualifying programs. If the committee requests 13 additional information necessary to determine the propriety of participating in the 14 program or receiving the loan, it shall be promptly provided. The committee shall 15 promptly compile a list of the statements indicating the loans and programs and 16 amounts and send it to the presiding officer of each house who shall have it published 17 in the supplemental journals on or before the next regularly scheduled publication 18 of ethics disclosures. If a [WITHIN THREE WEEKS AFTER THE FILING DATE. 19 A] legislator or legislative employee asks [WHO BELIEVES THAT DISCLOSURE 20 OF PARTICIPATION IN A PROGRAM WOULD BE AN INVASION OF THE 21 PARTICIPANT'S RIGHT TO PRIVACY UNDER THE STATE CONSTITUTION 22 MAY REQUEST] the committee to keep any part of the disclosure confidential and 23 a quorum of the committee determines by vote of a majority of committee 24 members that making the entire disclosure public would cause an unjustifiable 25 invasion of personal privacy, the committee may elect to [. IF THE COMMITTEE 26 FINDS THAT PUBLICATION WOULD CONSTITUTE AN INVASION OF 27 PRIVACY, THE COMMITTEE SHALL] publish only the fact that a person has 28 participated in the program and the amount of benefit that the unnamed person 29 received. The committee shall maintain the disclosure of the name of the person as 30 confidential and may only use the disclosure in a proceeding under AS 24.60.170. If 31 the disclosure becomes part of the record of a proceeding under AS 24.60.170, the
01 disclosure may be made public as provided in that section. 02 * Sec. 19. AS 24.60.070(a) is amended to read: 03 (a) A legislator or legislative employee shall disclose to the committee, which 04 shall maintain a public record of the disclosure and forward the disclosure to the 05 respective house for inclusion in the journal, the formation or maintenance of a close 06 economic association involving a substantial financial matter with 07 (1) a supervisor who is not a member of the legislature who has 08 responsibility or authority, either directly or indirectly, over the person's employment, 09 including preparing or reviewing performance evaluations, or granting or approving 10 pay raises or promotions; this paragraph does not apply to a public member of the 11 committee; 12 (2) legislators; 13 (3) a public official as that term is defined in [WHO IS REQUIRED 14 TO FILE A FINANCIAL DISCLOSURE STATEMENT UNDER] AS 39.50 [AND 15 IS NOT AN APPOINTED MUNICIPAL OFFICER]; 16 (4) a registered lobbyist; or 17 (5) a legislative employee if the person required to make the disclosure 18 is a legislator. 19 * Sec. 20. AS 24.60.070(c) is amended to read: 20 (c) When making a disclosure under (a) of this section concerning a 21 relationship with a lobbyist to whom the [LEGISLATOR OR] legislative employee is 22 married or who is the [LEGISLATOR'S OR] legislative employee's domestic partner, 23 the [LEGISLATOR OR] legislative employee shall also disclose the name and address 24 of each employer of the lobbyist and the total monetary value received by the lobbyist 25 from the lobbyist's employer. The [LEGISLATOR OR] legislative employee shall 26 report changes in the employer of the spouse or domestic partner within 48 hours after 27 the change. In this subsection, "employer of the lobbyist" means the person from 28 whom the lobbyist received amounts or things of value for engaging in lobbying on 29 behalf of the person. 30 * Sec. 21. AS 24.60 is amended by adding a new section to read: 31 Sec. 24.60.075. Compassionate gift exemption. (a) Notwithstanding
01 AS 24.45.121 and AS 24.60.080, a person may give a compassionate gift to a 02 legislator or legislative employee, and a legislator or a legislative employee may 03 solicit, receive, or accept a compassionate gift from a person, subject to the limitations 04 in (b) - (e) of this section. 05 (b) A compassionate gift may not be solicited, accepted, or received unless a 06 written request has been approved in writing by the chair of the legislative council, 07 and the committee chair or vice-chair has approved in writing the decision of the chair 08 of the legislative council. 09 (c) A legislator or legislative employee may not solicit, accept, or receive, 10 directly or indirectly, compassionate gifts worth less than $250 that in a calendar year 11 aggregate to $250 or more in value and are from the same person. A legislator or 12 legislative employee who receives a compassionate gift, directly or indirectly, shall 13 disclose to the committee the name of the gift's source and the value of the gift within 14 30 days after receipt. 15 (d) In this section, the value of a gift shall be determined by the fair market 16 value of the gift, to the extent that the fair market value can be determined. 17 (e) In this section, "compassionate gift" means a solicited or unsolicited gift 18 intended to aid or comfort a recipient or a member of the recipient's immediate family 19 in contending with a catastrophe, a tragedy, or a health-related emergency. 20 * Sec. 22. AS 24.60.080(a) is amended to read: 21 (a) Except as otherwise provided in this section, a legislator or legislative 22 employee may not 23 (1) solicit, accept, or receive, directly or indirectly, a gift worth $250 24 or more, whether in the form of money, services, a loan, travel, entertainment, 25 hospitality, promise, or other form, or gifts from the same person worth less than $250 26 that in a calendar year aggregate to $250 or more in value; 27 (2) [. EXCEPT FOR FOOD OR BEVERAGE FOR IMMEDIATE 28 CONSUMPTION, A LEGISLATOR OR LEGISLATIVE EMPLOYEE MAY NOT] 29 solicit, accept, or receive [DURING A LEGISLATIVE SESSION] a gift with any 30 monetary value from a lobbyist, an immediate family member of a lobbyist, or a 31 person acting on behalf of a lobbyist, except
01 (A) food or beverage for immediate consumption; or 02 (B) tickets for a charity event at any time, except that 03 tickets to or gifts received at a charity event under this subparagraph are 04 subject to the calendar year limit on the value of gifts received by a 05 legislator or legislative employee in (1) of this subsection; in this 06 subparagraph, "charity event" means an event the proceeds of which go 07 to a charitable organization with tax-free status under 26 U.S.C. 501(c)(3) 08 and that the Alaska Legislative Council has approved in advance; the 09 tickets may entitle the bearer to admission to the event, to entertainment, 10 to food or beverages, or to other gifts or services involved in the charity 11 event. 12 * Sec. 23. AS 24.60.080(c) is amended to read: 13 (c) Notwithstanding (a)(1) [(a)] of this section, it is not a violation of this 14 section for a person who is a legislator or legislative employee to accept 15 (1) hospitality, other than hospitality described in (4) of this 16 subsection, 17 (A) with incidental transportation at the residence of a person; 18 however, a vacation home located outside the state is not considered a 19 residence for the purposes of this subparagraph; or 20 (B) at a social event or meal; 21 (2) discounts that are available 22 (A) generally to the public or to a large class of persons to 23 which the person belongs; or 24 (B) when on official state business, but only if receipt of the 25 discount benefits the state; 26 (3) food or foodstuffs indigenous to the state that are shared generally 27 as a cultural or social norm; 28 (4) travel and hospitality primarily for the purpose of obtaining 29 information on matters of legislative concern; 30 (5) gifts from the immediate family of the person; in this paragraph, 31 "immediate family" means
01 (A) the spouse of the person; 02 (B) the person's domestic partner; 03 (C) a child, including a stepchild and an adoptive child, of 04 the person or of the person's domestic partner; 05 (D) a parent, sibling, grandparent, aunt, or uncle of the 06 person; 07 (E) a parent, sibling, grandparent, aunt, or uncle of the 08 person's spouse or the person's domestic partner; and 09 (F) a stepparent, stepsister, stepbrother, step-grandparent, 10 step-aunt, or step-uncle of the person, the person's spouse, or the person's 11 domestic partner; 12 (6) gifts that are not connected with the recipient's legislative status; 13 (7) a discount for all or part of a legislative session, including time 14 immediately preceding or following the session, or other gift to welcome a legislator 15 or legislative employee who is employed on the personal staff of a legislator or by a 16 standing or special committee to the capital city or in recognition of the beginning of a 17 legislative session if the gift or discount is available generally to all legislators and the 18 personal staff of legislators and staff of standing and special committees; this 19 paragraph does not apply to legislative employees who are employed by the 20 Legislative Affairs Agency, the office of the chief clerk, the office of the senate 21 secretary, the legislative budget and audit committee, the office of victims' rights, or 22 the office of the ombudsman; 23 (8) a gift of legal services in a matter of legislative concern and a gift 24 of other services related to the provision of legal services in a matter of legislative 25 concern; 26 (9) a gift of transportation from a legislator or a legislative employee 27 to a legislator or a legislative employee if the transportation takes place in the state on 28 or in an aircraft, boat, motor vehicle, or other means of transport owned or under the 29 control of the donor; this paragraph does not apply to travel described in (4) of this 30 subsection or travel for political campaign purposes; or 31 (10) [TICKETS FROM A LOBBYIST FOR A CHARITY EVENT AT
01 ANY TIME, INCLUDING DURING A LEGISLATIVE SESSION, EXCEPT THAT 02 TICKETS TO OR GIFTS RECEIVED AT A CHARITY EVENT UNDER THIS 03 PARAGRAPH ARE SUBJECT TO THE CALENDAR YEAR LIMIT ON THE 04 VALUE OF GIFTS RECEIVED BY A LEGISLATOR OR LEGISLATIVE 05 EMPLOYEE IN (a) OF THIS SECTION; IN THIS PARAGRAPH, "CHARITY 06 EVENT" MEANS AN EVENT THE PROCEEDS OF WHICH GO TO A 07 CHARITABLE ORGANIZATION WITH TAX-FREE STATUS UNDER 26 U.S.C. 08 501(c)(3) AND THAT THE ALASKA LEGISLATIVE COUNCIL HAS APPROVED 09 IN ADVANCE; THE TICKETS MAY ENTITLE THE BEARER TO ADMISSION 10 TO THE EVENT, TO ENTERTAINMENT, TO FOOD OR BEVERAGES, OR TO 11 OTHER GIFTS OR SERVICES INVOLVED IN THE CHARITY EVENT; OR 12 (11)] a contribution to a charity event from any person at any time; in 13 this paragraph, "charity event" has the meaning given in (a)(2)(B) [(10)] of this 14 section. 15 * Sec. 24. AS 24.60.080(d) is amended to read: 16 (d) A legislator or legislative employee who accepts a gift under (c)(4) of this 17 section that has a value of $250 or more shall disclose to the committee, within 30 18 days after receipt of the gift, the name and occupation of the donor and the 19 approximate value of the gift. A legislator or legislative employee who accepts a gift 20 under (c)(8) of this section that the recipient expects will have a value of $250 or more 21 in the calendar year shall disclose to the committee, within 30 days after receipt of the 22 gift, the name and occupation of the donor, a general description of the matter of 23 legislative concern with respect to which the gift is made, and the approximate value 24 of the gift. The committee shall maintain a public record of the disclosures it receives 25 relating to gifts under (c)(4), (c)(8), and (i) [AND (8)] of this section and shall 26 forward the disclosures to the appropriate house for inclusion in the journal. The 27 committee shall forward to the Alaska Public Offices Commission copies of the 28 disclosures concerning gifts under (c)(4), (c)(8), and (i) [AND (8)] of this section that 29 it receives from legislators and legislative directors. A legislator or legislative 30 employee who accepts a gift under (c)(6) of this section that has a value of $250 or 31 more shall, within 30 days after receiving the gift, disclose to the committee
01 [ANNUALLY ON OR BEFORE MARCH 15] the name and occupation of the donor 02 and a description of the gift. The committee shall maintain disclosures relating to gifts 03 under (c)(6) of this section as confidential records and may only use, or permit a 04 committee employee or contractor to use, a disclosure under (c)(6) of this section in 05 the investigation of a possible violation of this section or in a proceeding under 06 AS 24.60.170. If the disclosure under (c)(6) of this section becomes part of the record 07 of a proceeding under AS 24.60.170, the confidentiality provisions of that section 08 apply to the disclosure. 09 * Sec. 25. AS 24.60.080(i) is amended to read: 10 (i) A legislator or legislative employee who knows or reasonably should know 11 that an immediate [A] family member has received a gift because of the family 12 member's connection with the legislator or legislative employee shall disclose for 13 publication under (d) of this section [REPORT] the receipt of the gift by the family 14 member to the committee if the gift would have to be disclosed [REPORTED] under 15 this section if it had been received by the legislator or legislative employee. If [OR IF] 16 receipt of the gift by a person who is a legislator or legislative employee would be 17 prohibited under this section a member of the person's immediate family may not 18 receive the gift. 19 * Sec. 26. AS 24.60.085 is amended by adding a new subsection to read: 20 (c) During the term for which elected or appointed, a legislator may not, 21 directly or by authorizing another to act on the legislator's behalf, accept or agree to 22 accept compensation, except from the State of Alaska, for work associated with 23 legislative action, administrative action, or political action. Notwithstanding 24 AS 24.60.990, in this subsection, "administrative action" and "legislative action" have 25 the meanings given in AS 24.45.171. 26 * Sec. 27. AS 24.60.100 is amended to read: 27 Sec. 24.60.100. Representation. A legislator or legislative employee who 28 represents another person for compensation, other than compensation paid by the 29 state, before a municipal board or commission [AN AGENCY, BOARD, OR 30 COMMISSION OF THE STATE] shall disclose to the committee the name of the 31 person represented, the subject matter of the representation, and the body before which
01 the representation takes place [IS TO TAKE PLACE TO THE COMMITTEE]. The 02 disclosure shall be made by the deadlines set out in AS 24.60.105. The committee 03 shall maintain a public record of a disclosure under this section and forward the 04 disclosure to the respective house for inclusion in the journal. A legislator or 05 legislative employee may not represent any [ANOTHER] person, including the 06 legislator or the legislative employee, [FOR COMPENSATION] before an agency, 07 committee, or other entity of either the legislative branch or the executive branch 08 unless the representation is part of the legislator's or the legislative employee's 09 official duties. 10 * Sec. 28. AS 24.60.105(a) is amended to read: 11 (a) When a legislator or legislative employee is required to file a disclosure 12 under this chapter and a date by which the disclosure must be filed is not otherwise set 13 by statute, the deadline for filing the disclosure shall be 30 days [DEADLINES SET 14 OUT IN THIS SECTION SHALL APPLY. FOR DISCLOSURE OF A MATTER OR 15 AN INTEREST THAT BEGAN OR WAS ACQUIRED DURING THE INTERIM 16 BETWEEN REGULAR LEGISLATIVE SESSIONS, WHETHER OR NOT THE 17 REGULAR SESSION IS EXTENDED OR THERE IS A SPECIAL SESSION, OR 18 DURING THE LAST 30 DAYS OF A REGULAR SESSION, THE LEGISLATOR 19 OR LEGISLATIVE EMPLOYEE SHALL DISCLOSE THE MATTER BY MARCH 20 15. FOR DISCLOSURE OF A MATTER OR AN INTEREST THAT BEGAN OR 21 WAS ACQUIRED DURING A REGULAR LEGISLATIVE SESSION, BUT NOT 22 DURING THE LAST 30 DAYS OF THE REGULAR SESSION, THE 23 DISCLOSURE MUST BE MADE WITHIN 30 DAYS] after the commencement of 24 the matter or interest or the date the legislator or legislative employee first 25 becomes subject to this chapter, whichever comes later [OR 26 REPRESENTATION]. 27 * Sec. 29. AS 24.60.105 is amended by adding a new subsection to read: 28 (c) In addition to the filing requirements under (a) and (b) of this section, the 29 disclosures under (b) of this section shall be made annually, in a report filed with the 30 committee within 30 days after the first day of the regular legislative session. 31 * Sec. 30. AS 24.60 is amended by adding a new section to article 2 to read:
01 Sec. 24.60.115. Disclosure required of a legislator, legislative employee, or 02 public member of the committee after final day of service. A person serving as a 03 legislator, legislative employee, or public member of the committee shall, not later 04 than 90 days after the person's final day of service as a legislator, legislative employee, 05 or public member, file a final disclosure of every matter or interest, except for a matter 06 or interest subject to disclosure under AS 24.60.200, that was subject to disclosure 07 under this chapter while the person was serving, unless the person previously 08 disclosed the matter or interest and, for that reason, the matter or interest is no longer 09 subject to disclosure. Nothing in this section excuses the filing of a disclosure or report 10 as may be required by another section of this chapter. 11 * Sec. 31. AS 24.60.130(n) is amended to read: 12 (n) When appointing members of the legislature to serve on the committee, the 13 speaker of the house or the president of the senate, as appropriate, shall appoint an 14 alternate member for each regular member. An alternate must have the same 15 qualifications as the regular member for whom the alternate stands as alternate and is 16 subject to confirmation as required for the regular member. If a regular legislative 17 member of the committee or a subcommittee is unable to attend a meeting, the 18 chair of the committee or a subcommittee shall designate the regular member's 19 alternate to serve in place of the regular member at the meeting and the 20 designated alternate shall serve unless unable to serve for any reason. If a regular 21 legislative member of the committee or a subcommittee is disqualified under (h) of 22 this section from serving on the committee or the subcommittee concerning a 23 proceeding under AS 24.60.170 or if the regular member is unable to attend, the 24 chair of the committee or a subcommittee shall designate the regular member's 25 alternate to serve in place of the regular member in the proceeding unless the alternate 26 is also disqualified from serving. The designation shall be treated as confidential to the 27 same extent that the identity of the subject of a complaint is required to be kept 28 confidential. 29 * Sec. 32. AS 24.60.130(o) is amended to read: 30 (o) In this section, 31 (1) "majority organizational caucus" means a group of legislators
01 who have organized and elected a majority leader and constitute more than 50 02 percent of the total membership of the house or senate, as appropriate; 03 (2) "minority organizational caucus" means a group of legislators who 04 have organized and elected a minority leader and constitute at least 25 percent of the 05 total membership of the house or senate, as appropriate. 06 * Sec. 33. AS 24.60.130 is amended by adding a new subsection to read: 07 (p) Notwithstanding (h) and (n) of this section, if a complaint before the 08 committee alleges a violation of this chapter by a group of legislators that includes a 09 legislative member of the committee and that member's alternate, the member and 10 alternate member are disqualified from serving on the committee with regard to the 11 complaint. If the two disqualified members of the committee are members of the 12 majority organizational caucus, the presiding officer of the house in which the two 13 disqualified members serve shall appoint from that house an alternate to serve with 14 regard to the complaint. If one of the two disqualified legislative members of the 15 committee is not a member of the majority organizational caucus, the leader of the 16 minority organizational caucus with the greatest number of members shall appoint 17 from that house an alternate to serve with regard to the complaint. If a complaint 18 alleges a violation of this chapter that includes all legislative members of the majority 19 organizational caucus of one house, the presiding officer of that house shall appoint 20 from the other house an alternate to serve with regard to the complaint. If the 21 complaint alleges a violation of this chapter that includes all legislative members of a 22 minority organizational caucus of one house, the leader of that minority organizational 23 caucus shall appoint from the other house an alternate to serve with regard to the 24 complaint. 25 * Sec. 34. AS 24.60.150(a) is amended to read: 26 (a) The committee shall 27 (1) adopt procedures to facilitate the receipt of inquiries and prompt 28 rendition of its opinions; 29 (2) publish semi-annual summaries of decisions and advisory opinions 30 with sufficient deletions in the summaries to prevent disclosing the identity of the 31 persons involved in the decisions or opinions that have remained confidential;
01 (3) publish legislative ethics materials, including an annually 02 updated handbook on standards of ethical conduct and a bimonthly legislative 03 newsletter, to help educate legislators, legislative employees, and public members 04 of the committee on the subject of legislative ethics; 05 (4) within 10 days of the first day of each regular session of the 06 legislature and at other times determined by the committee, administer a 07 legislative ethics course that teaches means of compliance with this chapter and 08 an understanding of this chapter's purpose under AS 24.60.010. 09 * Sec. 35. AS 24.60 is amended by adding a new section to read: 10 Sec. 24.60.155. Legislative ethics course. A person who is a legislator, 11 legislative employee, or public member of the committee shall complete a legislative 12 ethics course administered by the committee under AS 24.60.150(a)(4) within 10 days 13 of the first day of the first regular session of each legislature. However, a person who 14 first takes office or begins employment after the 10th day of the first regular session of 15 a legislature shall complete the course required by this section within 30 days after the 16 person's first day of service and, thereafter, as required by this section. The committee 17 may grant a person additional time to complete the course required by this section. 18 * Sec. 36. AS 24.60.160 is amended to read: 19 Sec. 24.60.160. Advisory opinions. (a) On the request of the committee, the 20 Alaska Public Offices Commission, a person to whom this chapter applies, or a 21 person who has been newly elected to the legislature, the committee shall issue an 22 advisory opinion within 60 days as to whether the facts and circumstances of a 23 particular case constitute a violation of ethical standards. If it finds that it is advisable 24 to do so, the committee may issue an opinion under this section on the request of a 25 person who reasonably expects to become subject to this chapter within the next 45 26 days. The 60-day period for issuing an opinion may be extended by the committee if 27 the person requesting the opinion consents. 28 (b) An opinion issued under this section is binding on the committee in any 29 subsequent proceedings concerning the facts and circumstances of the particular case 30 unless material facts were omitted or misstated in the request for the advisory opinion. 31 An opinion issued under this section must be issued with sufficient deletions to
01 prevent disclosing the identity of the person or persons involved. Advisory 02 opinion discussions and deliberations are confidential, unless the requester and 03 anyone else named in the request who is covered by this chapter waives 04 confidentiality. The committee's final vote on the advisory opinion is a public 05 record [EXCEPT AS PROVIDED IN THIS CHAPTER, AN ADVISORY OPINION 06 IS CONFIDENTIAL BUT SHALL BE MADE PUBLIC IF A WRITTEN REQUEST 07 BY THE PERSON WHO REQUESTED THE OPINION IS FILED WITH THE 08 COMMITTEE]. 09 * Sec. 37. AS 24.60.170(j) is amended to read: 10 (j) If the committee has issued a formal charge under (h) of this section, and if 11 the person charged has not admitted the allegations of the charge, the committee shall 12 schedule a hearing on the charge. The committee may appoint an individual to present 13 the case against the person charged if that individual does not provide other [AND 14 HAS NOT PROVIDED] legal advice to the committee except in the course of 15 presenting cases under this subsection. The hearing shall be scheduled for a date more 16 than 20 and less than 90 days after service of the charge on the person charged, unless 17 the committee schedules [THE PERSON AGREES TO] a later hearing date. If the 18 complainant prevents the hearing from starting before the 90-day deadline passes 19 and a quorum of the committee determines by vote of a majority of committee 20 members the delay is not supported by a compelling reason or will result in the 21 person charged being deprived of a fair hearing, the committee may dismiss the 22 complaint with prejudice or enter some other order the committee determines is 23 appropriate. At the hearing, the person charged shall have the right to appear 24 personally before the committee, to subpoena witnesses and require the production of 25 books or papers relating to the proceedings, to be represented by counsel, and to cross- 26 examine witnesses. A witness shall testify under oath. The committee is not bound by 27 the rules of evidence, but the committee's findings must be based upon clear and 28 convincing evidence. Testimony taken at the hearing shall be recorded, and evidence 29 shall be maintained. 30 * Sec. 38. AS 24.60.176(b) is amended to read: 31 (b) In this section, "appointing authority" means
01 (1) the legislative council for employees of the Legislative Affairs 02 Agency and of the legislative council and for legislative employees not otherwise 03 covered under this subsection; 04 (2) the Legislative Budget and Audit Committee for the legislative 05 fiscal analyst and employees of the division of legislative finance, the legislative 06 auditor and employees of the division of legislative audit, and employees of the 07 Legislative Budget and Audit Committee; 08 (3) the appropriate finance committee for employees of the senate or 09 house finance committees; 10 (4) the appropriate rules committee for employees of 11 (A) standing committees of the legislature, other than the 12 finance committees; 13 (B) the senate secretary's office and the office of the chief clerk 14 of the house of representatives; and 15 (C) house records and senate records; 16 (5) the legislator who made the hiring decision for employees of 17 individual legislators; however, the legislator may request the appropriate rules 18 committee to act in the legislator's stead; 19 (6) the ombudsman for employees of the office of the ombudsman, 20 other than the ombudsman; 21 (7) the legislature for the ombudsman; 22 (8) the victims' advocate for employees of the office of victims' 23 rights, other than the victims' advocate; 24 (9) the legislature for the victims' advocate. 25 * Sec. 39. AS 24.60.200 is amended to read: 26 Sec. 24.60.200. Financial disclosure by legislators, public members of the 27 committee, and legislative directors. A legislator, a public member of the committee, 28 and a legislative director shall file a disclosure statement, under oath and on penalty of 29 perjury, with the Alaska Public Offices Commission giving the following information 30 about the income received by the discloser, the discloser's spouse or domestic partner, 31 the discloser's dependent children, and the discloser's nondependent children who are
01 living with the discloser: 02 (1) the information that a public official is required to report under 03 AS 39.50.030, other than information about 04 (A) income received as compensation for personal services; 05 (B) a loan or loan guarantee; 06 (C) gifts; 07 (2) as to income or deferred income in excess of $1,000 earned or 08 received as compensation for personal services, and as to dividend income or 09 deferred compensation in excess of $1,000 received from a limited liability 10 company as compensation or deferred compensation for personal services, a 11 statement describing 12 (A) the name and address of the source of the income; 13 (B) the recipient of the income; 14 (C) the amount of the income; 15 (D) a brief statement describing whether the income was 16 earned by commission, by the job, by the hour, or by some other method; 17 (E) the dates and approximate number of hours worked to 18 earn the income; and 19 (F) unless required by law to be kept confidential, a 20 description sufficient to make clear to a person of ordinary understanding 21 the nature of each service performed and the date the service was 22 performed [, AND A STATEMENT DESCRIBING THE NATURE OF THE 23 SERVICES PERFORMED; IF THE SOURCE OF INCOME IS KNOWN OR 24 REASONABLY SHOULD BE KNOWN TO HAVE A SUBSTANTIAL 25 INTEREST IN LEGISLATIVE, ADMINISTRATIVE, OR POLITICAL 26 ACTION AND THE RECIPIENT OF THE INCOME IS A LEGISLATOR 27 OR LEGISLATIVE DIRECTOR, THE AMOUNT OF INCOME RECEIVED 28 FROM THE SOURCE SHALL BE DISCLOSED]; 29 (3) as to each loan or loan guarantee over $1,000 from a source with a 30 substantial interest in legislative, administrative, or political action, the name and 31 address of the person making the loan or guarantee, the amount of the loan, the terms
01 and conditions under which the loan or guarantee was given, the amount outstanding 02 at the time of filing, and whether or not a written loan agreement exists. 03 * Sec. 40. AS 24.60.210(a) is amended to read: 04 (a) A person required to file a disclosure statement under AS 24.60.200 shall 05 file an annual report with the Alaska Public Offices Commission, covering the 06 previous calendar year, containing the disclosures required by AS 24.60.200, on or 07 before March 15 of each year, except that a person appointed as a legislator under 08 AS 15.40, a public member of the committee, or a legislative director must file 09 within 30 days after the person's appointment. In addition, a person subject to 10 this subsection shall, within 90 days after leaving service as a legislator, legislative 11 director, or public member of the committee, file a final report containing the 12 disclosures required of the person by AS 24.60.200 for the period that begins on 13 the last day of the last period for which the person filed a report required by that 14 section and ends on the date of the person's last day of service. 15 * Sec. 41. AS 24.60.210 is amended by adding a new subsection to read: 16 (c) The Alaska Public Offices Commission shall require that the reports 17 required under this section be submitted electronically but may, when circumstances 18 warrant an exception, accept any information required under this section that is typed 19 in clear and legible black typeface or hand-printed in dark ink on paper in a format 20 approved by the commission or on forms provided by the commission and that is filed 21 with the commission. 22 * Sec. 42. AS 24.60.250(c) is amended to read: 23 (c) In addition to the sanctions described in AS 24.60.260, if the Alaska Public 24 Offices Commission finds that a legislative director has failed or refused to file a 25 report under AS 24.60.200 by a deadline established in AS 24.60.210, it shall notify 26 the Alaska Legislative Council or the Legislative Budget and Audit Committee, as 27 appropriate. For the ombudsman and the office of victims' rights, the Alaska 28 Legislative Council shall be notified. 29 * Sec. 43. AS 24.60.990(a)(2) is amended to read: 30 (2) "anything of value," "benefit," or "thing of value" includes all 31 matters, whether tangible or intangible, that could reasonably be considered to be a
01 material advantage, of material worth, use, or service to the person to whom it is 02 conferred; the terms are intended to be interpreted broadly and encompass all matters 03 that the recipient might find sufficiently desirable to do something in exchange for; 04 "anything of value," "benefit," or "thing of value" does not include 05 (A) an item listed in AS 24.60.080(a)(2)(B) or (c); 06 (B) campaign contributions, pledges, political endorsements, 07 support in a political campaign, or a promise of endorsement or support; 08 (C) contributions to a cause or organization, including a 09 charity, made in response to a direct solicitation from a legislator or a person 10 acting at the legislator's direction; or 11 (D) grants under AS 37.05.316 to named recipients; 12 * Sec. 44. AS 37.10.220(a) is amended by adding a new paragraph to read: 13 (16) administer pension forfeitures required under AS 37.10.310 using 14 the procedures of AS 44.62 (Administrative Procedure Act). 15 * Sec. 45. AS 37.10 is amended by adding a new section to read: 16 Sec. 37.10.310. Pension forfeiture to preserve public trust in government. 17 (a) A public officer, as defined in AS 39.52.960, a legislator, or a person employed as 18 a legislative director, as that term is defined in AS 24.60.990, who is convicted of a 19 federal or state felony offense of bribery, receiving a bribe, perjury, subornation of 20 perjury, scheme to defraud, fraud, mail fraud, misuse of funds, corruption, or tax 21 evasion may not receive a state pension benefit if the offense was committed on or 22 after the effective date of this section and was in connection with the person's official 23 duties. 24 (b) Pension benefits and employee contributions that accrue to a person before 25 the date of the person's commission of the offense described in (a) of this section are 26 not diminished or impaired by that subsection. 27 (c) A state pension benefit under (a) of this section does not include 28 (1) insurance, voluntary wage reductions, involuntary wage reductions, 29 or supplemental or health benefits under AS 39.30.090 - 39.30.495 or former 30 AS 39.37.145; 31 (2) member or employee contributions under AS 14.25.050, 14.25.055,
01 14.25.075, 14.25.340, 14.25.360(a), AS 22.25.011, AS 39.35.160, 39.35.165(f), 02 39.35.180, 39.35.730, 39.35.760(a), or former AS 39.37.070. 03 (d) In a pension forfeiture matter under this section the board may award to a 04 spouse, dependent, or former spouse of the person governed by the limitations in (a) of 05 this section some or all of the amount that, but for the forfeiture under (a) of this 06 section, may otherwise be payable. In determining whether to make an award under 07 this subsection, the board shall consider the totality of circumstances, including 08 (1) the role, if any, of the person's spouse, dependent, or former spouse 09 in connection with the illegal conduct for which the person was criminally charged; 10 (2) the degree, if any, to which the person's spouse, dependent, or 11 former spouse profited financially from the person's illegal conduct; and 12 (3) any restitution ordered by the court in the criminal case and the 13 amount of restitution, if any, still owing. 14 * Sec. 46. AS 39.35 is amended by adding a new section to read: 15 Sec. 39.35.672. Pension forfeiture. The provisions of AS 37.10.310 apply to 16 pension benefits under AS 39.35.095 - 39.35.680. 17 * Sec. 47. AS 39.35 is amended by adding a new section to read: 18 Sec. 39.35.932. Pension forfeiture. The provisions of AS 37.10.310 apply to 19 pension benefits under AS 39.35.700 - 39.35.990. 20 * Sec. 48. AS 39.50.020 is amended to read: 21 Sec. 39.50.020. Report of financial and business interests. (a) A public 22 official other than the governor or the lieutenant governor shall file a statement giving 23 income sources and business interests, under oath and on penalty of perjury, within 30 24 days after taking office as a public official. Candidates for state elective office other 25 than a candidate who is subject to AS 24.60 shall file the statement with the director of 26 elections at the time of filing a declaration of candidacy or a nominating petition or 27 becoming a candidate by any other means. Candidates for elective municipal office 28 shall file the statement at the time of filing a nominating petition, declaration of 29 candidacy, or other required filing for the elective municipal office. Refusal or failure 30 to file within the time prescribed shall require that the candidate's filing fees, if any, 31 and filing for office be refused or that a previously accepted filing fee be returned and
01 the candidate's name removed from the filing records. A statement shall also be filed 02 by public officials no later than March 15 in each following year. On or before the 03 90th day after leaving office, a former public official shall file a final statement 04 covering any period during the official's service in that office for which the public 05 official has not already filed a statement. Persons who are members of boards or 06 commissions not named in AS 39.50.200(b) are not required to file financial 07 statements. 08 (b) A public official or former public official other than an elected or 09 appointed municipal officer shall file the statement with the Alaska Public Offices 10 Commission. Candidates for the office of governor and lieutenant governor and, if the 11 candidate is not subject to AS 24.60, the legislature shall file the statement under 12 AS 15.25.030 or 15.25.180. Municipal officers, former municipal officers, and 13 candidates for elective municipal office, shall file with the municipal clerk or other 14 municipal official designated to receive their filing for office. All statements required 15 to be filed under this chapter are public records. 16 * Sec. 49. AS 39.50.030(b) is amended to read: 17 (b) Each statement filed by a public official or candidate under this chapter 18 must include the following: 19 (1) for [THE SOURCE OF] all sources of income over $1,000 20 [$5,000] during the preceding calendar year, including taxable [AND 21 NONTAXABLE] capital gains, and for all gifts from a single source with a 22 cumulative value exceeding $250 in a calendar year, received by the person, the 23 person's spouse or domestic partner, or the person's dependent child, 24 (A) each source of the income or gift; 25 (B) the recipient of the income or gift; 26 (C) the amount of the income or value of the gift; 27 (D) a brief statement describing whether the income was 28 earned by commission, by the job, by the hour, or by some other method; 29 (E) the approximate number of hours worked to earn the 30 income; and 31 (F) unless required by law to be kept confidential, a
01 description sufficient to make clear to a person of ordinary understanding 02 the nature of each service performed and the date the service was 03 performed [EXCEPT THAT A SOURCE OF INCOME THAT IS A GIFT 04 MUST BE INCLUDED IF THE VALUE OF THE GIFT EXCEEDS $250]; 05 (2) the identity, by name and address, of each business in which the 06 person, the person's spouse or domestic partner, or the person's dependent child has an 07 interest or was a stockholder, owner, officer, director, partner, proprietor, or employee 08 during the preceding calendar year, except that an interest of less than $1,000 [$5,000] 09 in the stock of a publicly traded corporation need not be included; 10 (3) the identity and nature of each interest in real property, including 11 an option to buy, owned at any time during the preceding calendar year by the person, 12 the person's spouse or domestic partner, or the person's dependent child; 13 (4) the identity of each trust or other fiduciary relation in which the 14 person, the person's spouse or domestic partner, or the person's dependent child held a 15 beneficial interest exceeding $1,000 [$5,000] during the preceding calendar year, a 16 description and identification of the property contained in each trust or relation, and 17 the nature and extent of the beneficial interest in it; 18 (5) any loan or loan guarantee of more than $1,000 [$5,000] made to 19 the person, the person's spouse or domestic partner, or the person's dependent child, 20 and the identity of the maker of the loan or loan guarantor and the identity of each 21 creditor to whom the person, the person's spouse or domestic partner, or the person's 22 dependent child owed more than $1,000 [$5,000]; this paragraph requires disclosure of 23 a loan, loan guarantee, or indebtedness only if the loan or guarantee was made, or the 24 indebtedness incurred, during the preceding calendar year, or if the amount still owing 25 on the loan, loan guarantee, or indebtedness was more than $1,000 [$5,000] at any 26 time during the preceding calendar year; 27 (6) a list of all contracts and offers to contract with the state or an 28 instrumentality of the state during the preceding calendar year held, bid, or offered by 29 the person, the person's spouse or domestic partner, or the person's dependent child, a 30 partnership, limited liability company, or professional corporation of which the 31 person is a member, or a corporation in which the person or the person's spouse,
01 domestic partner, or dependent child [CHILDREN], or a combination of them, hold a 02 controlling interest; and 03 (7) a list of all mineral, timber, oil, or any other natural resource lease 04 held, or lease offer made, during the preceding calendar year by the person, the 05 person's spouse or domestic partner, or the person's dependent child, a partnership, 06 limited liability company, or professional corporation of which the person is a 07 member, or a corporation in which the person or the person's spouse, [OR] domestic 08 partner, or dependent child [CHILDREN], or a combination of them, holds a 09 controlling interest. 10 * Sec. 50. AS 39.50.030(h) is amended to read: 11 (h) In this section, 12 (1) [REPEALED 13 (2)] "close economic association" means a financial relationship that 14 exists between a public official required to disclose a close economic association 15 under (d) of this section and some other person or entity, including a relationship 16 where the public official serves as a consultant or advisor to, is a member or 17 representative of, or has a financial interest in an association, partnership, limited 18 liability company, business, or corporation; 19 (2) [(3)] "lobbyist" has the meaning given in AS 24.60.990(a); 20 (3) [(4)] "public officer" has the meaning given in AS 39.52.960. 21 * Sec. 51. AS 39.50.040 is amended to read: 22 Sec. 39.50.040. Blind trusts. (a) A public official may transfer all or a portion 23 of the official's assets to a blind trust for the duration of service in public office. The 24 original assets placed in the blind trust shall be listed by the official in a [THE] 25 statement [REQUIRED TO BE] filed under this section, together with a description 26 of the actual or potential conflicts of interest, or appearance of conflict, that the 27 official seeks to avoid by the use of the trust. A copy of the [CHAPTER. THE] 28 instrument creating the blind trust must be included with the statement. 29 (b) For a blind trust to qualify under this section, the following conditions 30 must be met: 31 (1) the trust may not contain investments or assets in which the
01 ownership right or interest is required to be recorded in a public office other 02 than with the Alaska Public Offices Commission, or contain assets with 03 permanency that makes transfer by the trustee improbable or impractical, 04 including real estate, security interests in personal property, mortgages, and 05 interests in closely held businesses [ASSETS TRANSFERRED TO THE TRUST 06 SHALL BE MARKETABLE]; 07 (2) the trustee shall be a bank, trust company, or other institutional 08 fiduciary; 09 (3) the trustee shall have full authority to manage the trust, including 10 the purchase, sale, and exchange of its assets in accordance with fiduciary principles 11 and, without exception under any circumstances, notwithstanding this section, 12 the prudent investment rule set out in AS 13.36.230 - 13.36.290; 13 (4) the trust instrument shall contain a clear statement that its 14 purpose is to remove from the settlor control and knowledge of investment of 15 trust assets so that conflicts between the settlor's responsibilities and duties as a 16 public official and the settlor's personal or financial interests will be eliminated 17 [INFORMATION REGARDING THE IDENTITY AND THE NATURE OF ITS 18 ASSETS SHALL BE CONFIDENTIAL FROM THE TRUSTOR FOR THE 19 DURATION OF THE TRUST]; 20 (5) during the term of the trust, a settlor or other beneficiary of the 21 trust may not communicate with the trustee except in writing and only regarding 22 (A) a request for a distribution in cash or another unspecified asset of the trust, 23 (B) the general financial requirements regarding distributions from the trust as a 24 whole, (C) direction to the trustee that, because a law, executive order, or 25 regulation prohibits the settlor from holding an asset, the asset may not be held 26 by the trust, (D) direction to the trustee to sell all of an asset initially placed in the 27 trust because the settlor has determined the sale is necessary to avoid a conflict of 28 interest, the appearance of impropriety, or an ethical violation; quarterly the 29 trustee may provide to the settlor a written report of the aggregate market value 30 of the trust's assets and property but may not disclose to the settlor or other 31 beneficiary of the trust, or any other interested party, any information about the
01 identity and nature of any of the assets in the trust, and the trustee shall be 02 required to report any known breach of this confidentiality [OR THE 03 TERMINATION OF THE TRUST TO THE OFFICE WHERE THE TRUSTOR IS 04 REQUIRED TO FILE STATEMENTS UNDER THIS CHAPTER]; [AND] 05 (6) the trust shall terminate only upon order of the commission, 06 the death or incompetence of the settlor, the termination of the settlor's status as 07 a public official, or upon revocation approved in advance by the commission; the 08 trustee shall be required to promptly report any termination of the trust to the 09 commission; 10 (7) the trustee shall prepare the income tax return of the trust and 11 may participate in the audit of the trust's returns with authority to compromise a 12 tax liability of the trust, but may not disclose the return or information related to 13 the return, except promptly after the close of each taxable year of the trust the 14 trustee shall provide the settlor with an annual report summarizing information 15 concerning the trust, including net income or loss, expenses, capital gains, and 16 capital losses of the trust, as necessary to enable the settlor to prepare and file tax 17 returns required by law; however, the summary may not directly or indirectly 18 identify a security or other property that is an asset or former asset of the trust; 19 (8) the trustee shall be directed to avoid knowingly making any 20 investment in a corporation, business, or venture over which the settlor is likely 21 to take action by virtue of the settlor's official position; 22 (9) for the duration of the trust, a settlor or other beneficiary may 23 not pledge, mortgage, or otherwise encumber a person's interests in an asset that 24 is part of the trust, the settlor may not retain control over the trustee, and the 25 settlor is not permitted to make any recommendations or suggestions as to the 26 trust property; 27 (10) the trust instrument agreement must provide that the trustee 28 will give the attorney general or personnel board access to any records or 29 information related to the trust that is necessary when investigating or hearing 30 an accusation alleging a violation of AS 39.52; 31 (11) the trustee shall report to the commission the beginning and
01 ending value of the trust and, if the commission requests, the trustee shall 02 prepare under seal a detailed description of transactions and holdings of the 03 trust; the document prepared by the trustee under seal is not public information 04 unless an accusation under AS 39.52 relevant to the blind trust is filed by the 05 attorney general or the personnel board, and 06 (12) the trust may not become effective until the trust instrument 07 is submitted and approved by the commission [REPEALED]. 08 * Sec. 52. AS 39.50.040 is amended by adding new subsections to read: 09 (c) A quarterly report of aggregate market value under this section may 10 include, in addition to the aggregate market value of the trust's assets and property, the 11 percentage of that aggregate market value attributable to the settlor and each 12 beneficiary, by name. Within 30 days after receipt from the trustee of the quarterly 13 report of aggregate market value, the settlor may, notwithstanding the limitations on a 14 communication's subject under (b) of this section, provide a written instruction to the 15 trustee that, with respect to the trust as a whole and not a particular asset or property of 16 the trust, the settlor prefers that the trustee adopt an investment approach that is 17 conservative, moderate, or aggressive. 18 (d) A person initiating a written communication under this section shall cause 19 a copy of the communication to be filed with the commission within five days after the 20 date of the communication. 21 (e) The trustee shall maintain and make available for inspection by the 22 commission at the commission's request the trust's tax returns, books of account, and 23 other records and, on or before May 15 of each year, shall file with the commission a 24 notarized document certifying compliance with this section for the preceding calendar 25 year. 26 (f) Except as permitted by this section, the trustee shall make no accounting to 27 the settlor until the date the trust terminates, and, following the termination, the trustee 28 shall promptly make a full accounting to the settlor and turn over to the settlor all 29 assets remaining in the trust at termination. 30 (g) The trustee may not at any time be held liable for an act or omission of the 31 trustee or for any loss or depreciation of the value of an asset or property of the trust
01 unless the trustee fails to exercise good faith, due diligence, and the ordinary skill, 02 care, and judgment a prudent fiduciary would exercise. 03 * Sec. 53. AS 39.50.050(a) is amended to read: 04 (a) The Alaska Public Offices Commission created under AS 15.13.020(a) 05 shall administer the provisions of this chapter. The commission shall prepare and keep 06 available for distribution standardized forms on which the reports required by this 07 chapter shall be filed. The commission shall print the forms provided under this 08 section so that the front and back of each page have the same orientation when the 09 page is rotated on the vertical axis of the page. The commission shall require [MAY 10 REQUEST] that the information required under this chapter, unless it is information 11 required of a municipal officer, be submitted electronically but may, when 12 circumstances warrant an exception, [SHALL] accept any information required 13 under this chapter that is typed in clear and legible black typeface or hand-printed in 14 dark ink on paper in a format approved by the commission or on forms provided by 15 the commission and that is filed with the commission. A municipal officer shall 16 submit information required under this chapter electronically, typed, or 17 handprinted in the manner described in this subsection. 18 * Sec. 54. AS 39.50.050(a), as amended by sec. 53 of this Act, is amended to read: 19 (a) The Alaska Public Offices Commission created under AS 15.13.020(a) 20 shall administer the provisions of this chapter. The commission shall prepare and keep 21 available for distribution standardized forms on which the reports required by this 22 chapter shall be filed. The commission shall print the forms provided under this 23 section so that the front and back of each page have the same orientation when the 24 page is rotated on the vertical axis of the page. The commission shall require that the 25 information required under this chapter [, UNLESS IT IS INFORMATION 26 REQUIRED OF A MUNICIPAL OFFICER,] be submitted electronically but may, 27 when circumstances warrant an exception, accept any information required under this 28 chapter that is typed in clear and legible black typeface or hand-printed in dark ink on 29 paper in a format approved by the commission or on forms provided by the 30 commission and that is filed with the commission. A municipal officer for a 31 municipality with a population of less than 15,000 shall submit information
01 required under this chapter either electronically or typed or hand-printed in the manner 02 described in this subsection. 03 * Sec. 55. AS 39.50.200(a)(10) is amended to read: 04 (10) "source of income" means the entity for which service is 05 performed or that is otherwise the origin of payment; if the person whose income is 06 being reported is employed by another, the employer is the source of income; but if 07 the person is self-employed by means of a sole proprietorship, partnership, limited 08 liability company, professional corporation, or a corporation in which the person, the 09 person's spouse or domestic partner, or the person's dependent children, or a 10 combination of them, hold a controlling interest, the "source" is the client or customer 11 of the proprietorship, partnership, limited liability company, or corporation, but, if 12 the entity that is the origin of payment is not the same as the client or customer for 13 whom the service is performed, both are considered the source. 14 * Sec. 56. AS 39.50.200(b) is amended by adding new paragraphs to read: 15 (59) Alaska Industrial Development and Export Authority (AS 44.88); 16 (60) the board of directors of the Knik Arm Bridge and Toll Authority 17 (AS 19.75.031 and 19.75.041); 18 (61) Alaska labor relations agency (AS 23.05.360 - 23.05.390); 19 (62) the Board of Trustees of the Alaska Mental Health Trust 20 Authority (AS 47.30.016); 21 (63) the board of directors of the Alaska Railroad Corporation 22 (AS 42.40.020 - 42.40.060). 23 * Sec. 57. AS 39.52.110 is amended by adding a new subsection to read: 24 (d) Stock or other ownership interest in a business is presumed insignificant if 25 the value of the stock or other ownership interest, including an option to purchase an 26 ownership interest, is less than $5,000. 27 * Sec. 58. 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. 59. 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 a legislative bill [BILLS], a resolution, 15 a [RESOLUTIONS AND] constitutional amendment [AMENDMENTS], or other 16 legislative measure, [MEASURES;] or [THE] proposal, consideration, or adoption of 17 an administrative regulation [REGULATIONS]. 18 * Sec. 60. 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. 61. AS 39.52.180 is amended by adding new subsections to read: 29 (e) A former head of a principal department in the executive branch may not, 30 for a period of one year after leaving service as the head of that department, serve on 31 the governing board of a company, organization, or other entity that was regulated by
01 that department or with which the former department head worked as part of an 02 official duty as the department head. A former employee of the Office of the Governor 03 in a policy-making position may not, for a period of one year after leaving 04 employment in that office, serve on the governing board of a company, organization, 05 or other entity with which the former employee worked as part of an official duty for 06 the Office of the Governor. 07 (f) In this section, "employee of the Office of the Governor in a policy-making 08 position" means a person who is an employee required, because of the person's 09 position in the Office of the Governor, to file a statement under AS 39.50.020. 10 * Sec. 62. AS 39.52 is amended by adding a new section to read: 11 Sec. 39.52.225. Disclosures in connection with executive clemency. Before 12 granting executive clemency to an applicant for executive clemency, the governor 13 shall disclose in writing to the attorney general whether granting the clemency would 14 benefit a personal or financial interest of the governor. The attorney general shall 15 publish a written determination whether granting executive clemency to the applicant 16 would violate AS 39.52.110 - 39.52.190. The written determination of the attorney 17 general is not confidential, but information set out in that determination identifying a 18 person, other than the applicant for clemency, who is a victim or witness in a criminal 19 matter may not be made public. 20 * Sec. 63. AS 44.62.330(a) is amended by adding a new paragraph to read: 21 (47) the Alaska Retirement Management Board for administration of 22 pension forfeitures under AS 37.10.310. 23 * Sec. 64. AS 24.60.037(d) and AS 24.60.080(k) are repealed. 24 * Sec. 65. The uncodified law of the State of Alaska is amended by adding a new section to 25 read: 26 APPLICABILITY. (a) The amendment of AS 11.56.130(1) made by sec. 1 of this Act 27 applies to offenses occurring on or after the effective date of sec. 1 of this Act. 28 (b) AS 39.52.180(a), as amended by sec. 59 of this Act, applies to a person who 29 leaves state service on or after the effective date of sec. 59 of this Act. 30 (c) AS 39.52.180(d), as amended by sec. 60 of this Act, applies to a person who 31 leaves service as governor, lieutenant governor, head or deputy head of a principal department
01 in the executive branch, or employee of the Office of the Governor who is required to file a 02 statement under AS 39.50.020 on or after the effective date of sec. 60 of this Act. 03 (d) AS 39.52.180(e) and (f), as added by sec. 61 of this Act, apply to a department 04 head or employee of the Office of the Governor who is required to file a statement under 05 AS 39.50.020 who leaves employment as a department head or employee of the Office of the 06 Governor who is required to file a statement under AS 39.50.020 on or after the effective date 07 of sec. 61 of this Act. 08 * Sec. 66. The uncodified law of the State of Alaska is amended by adding a new section to 09 read: 10 APPLICABILITY TO ELECTED PUBLIC OFFICERS' RETIREMENT SYSTEM. 11 The provisions of AS 37.10.310, added by sec. 45 of this Act, apply to benefits under former 12 AS 39.37 (elected public officers' retirement system). 13 * Sec. 67. Sections 6, 41, and 54 of this Act take effect January 1, 2009. 14 * Sec. 68. Section 53 of this Act takes effect July 1, 2007. 15 * Sec. 69. Except as provided in secs. 67 and 68 of this Act, this Act takes effect 16 immediately under AS 01.10.070(c).