SCS CSHB 109(FIN) am S: "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; relating to blind trusts approved by the Alaska Public Offices Commission; and providing for an effective date."
00 SENATE CS FOR CS FOR HOUSE BILL NO. 109(FIN) am S 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; relating to blind trusts 10 approved by the Alaska Public Offices Commission; and providing for an effective 11 date." 12 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA:
01 * Section 1. AS 11.56 is amended by adding a new section to read: 02 Sec. 11.56.124. Failure to report bribery or receiving a bribe. (a) A public 03 servant commits the crime of failure to report bribery or receiving a bribe if the public 04 servant 05 (1) witnesses what the public servant knows or reasonably should 06 know is 07 (A) bribery of a public servant by another person; or 08 (B) receiving a bribe by another public servant; and 09 (2) does not as soon as reasonably practicable report that crime to a 10 peace officer or a law enforcement agency. 11 (b) Failure to report bribery or receiving a bribe is a class A misdemeanor. 12 * Sec. 2. AS 11.56.130 is amended to read: 13 Sec. 11.56.130. Definition. In AS 11.56.100 - 11.56.130, "benefit" has the 14 meaning ascribed to it in AS 11.81.900 but does not include 15 (1) political campaign contributions reported in accordance with 16 AS 15.13 unless the contribution is made or received in exchange for an 17 agreement to alter an elected official's or candidate's vote or position on a matter 18 the elected official has, or the candidate on election would have, the authority to 19 take official action on; in this paragraph, "official action" means advice, 20 participation, or assistance, including, for example, a recommendation, decision, 21 approval, disapproval, vote, or other similar action, including inaction; 22 (2) concurrence in official action in the cause of legitimate 23 compromise between public servants; or 24 (3) support, including a vote, solicited by a public servant or offered by 25 any person in an election. 26 * Sec. 3. AS 14.25 is amended by adding a new section to read: 27 Sec. 14.25.212. Pension forfeiture. The provisions of AS 37.10.310 apply to 28 pension benefits under AS 14.25.009 - 14.25.220. 29 * Sec. 4. AS 14.25.040(c) is amended to read: 30 (c) A state legislator is not entitled to elect membership under (b) of this 31 section if the state legislator is covered for the same period of service under the public
01 employees' retirement system (AS 39.35). An election of membership under (b) of this 02 section is retroactive to the date the state legislator took the oath of office. A state 03 legislator may not receive membership credit under (b) of this section for legislative 04 service performed before the legislative session during which the state legislator 05 elected membership under (b) of this section. In order to continue in membership 06 service under (b) of this section, the state legislator must earn at least 0.3 years of 07 membership service under other sections of AS 14.25.009 - 14.25.220 during each 08 five-year period. A state legislator may not receive membership credit under 09 AS 14.25.009 - 14.25.220 for legislative service on or after the date the legislator 10 commits a criminal offense from which a pension forfeiture under AS 37.10.310 11 results. 12 * Sec. 5. AS 14.25 is amended by adding a new section to read: 13 Sec. 14.25.532. Pension forfeiture. The provisions of AS 37.10.310 apply to 14 pension benefits under AS 14.25.310 - 14.25.590. 15 * Sec. 6. AS 15.13.040(g) is amended to read: 16 (g) The provisions of (a) and (l) of this section do not apply to a delegate to a 17 constitutional convention, a judge seeking judicial retention, or a candidate for 18 election to a municipal office under AS 15.13.010, if that delegate, judge, or [IF A] 19 candidate 20 (1) indicates, on a form prescribed by the commission, an intent not to 21 raise and not to expend more than $5,000 in seeking election to office, including both 22 the primary and general elections; 23 (2) accepts contributions totaling not more than $5,000 in seeking 24 election to office, including both the primary and general elections; and 25 (3) makes expenditures totaling not more than $5,000 in seeking 26 election to office, including both the primary and general elections. 27 * Sec. 7. AS 15.13.040(m) is repealed and reenacted to read: 28 (m) Information required under this chapter shall be submitted to the 29 commission electronically, except that the following information may be submitted in 30 clear and legible black typeface or hand-printed in dark ink on paper in a format 31 approved by the commission or on forms provided by the commission:
01 (1) information submitted by a candidate for municipal office; in this 02 paragraph, "municipal office" means the office of an elected borough or city 03 (A) mayor; or 04 (B) assembly, council, or school board member; 05 (2) any information if the commission determines that circumstances 06 warrant an exception to the electronic submission requirement; 07 (3) information submitted by a candidate for election to state office 08 other than the legislature who meets the requirements of (g)(1) - (3) of this section; 09 (4) information submitted before January 1, 2009, by a candidate for 10 the legislature. 11 * Sec. 8. AS 15.13.040(m), as amended by sec. 7 of this Act, is amended to read: 12 (m) Information required under this chapter shall be submitted to the 13 commission electronically, except that the following information may be submitted in 14 clear and legible black typeface or hand-printed in dark ink on paper in a format 15 approved by the commission or on forms provided by the commission: 16 (1) information submitted by 17 (A) a candidate for election to a borough or city office of 18 mayor, membership on a borough assembly, city council, or school board, 19 or any state office, who meets the requirements of (g)(1) - (3) of this 20 section; or 21 (B) a candidate for municipal office for a municipality with a 22 population of less than 15,000; in this subparagraph [PARAGRAPH], 23 "municipal office" means the office of an elected borough or city 24 (i) [(A)] mayor; or 25 (ii) [(B)] assembly, council, or school board member; 26 (2) any information if the commission determines that circumstances 27 warrant an exception to the electronic submission requirement [; 28 (3) INFORMATION SUBMITTED BY A CANDIDATE FOR 29 ELECTION TO STATE OFFICE OTHER THAN THE LEGISLATURE WHO 30 MEETS THE REQUIREMENTS OF (g)(1) - (3) OF THIS SECTION; 31 (4) INFORMATION SUBMITTED BEFORE JANUARY 1, 2009, BY
01 A CANDIDATE FOR THE LEGISLATURE]. 02 * Sec. 9. AS 15.13.040 is amended by adding a new subsection to read: 03 (p) Information required by this chapter that is submitted to the commission 04 on paper and not electronically shall be electronically scanned and published on the 05 Internet by the commission, in a format accessible to the general public, within two 06 working days after the commission receives the information. 07 * Sec. 10. AS 22.25 is amended by adding a new section to read: 08 Sec. 22.25.800. Pension forfeiture. The provisions of AS 37.10.310 apply to 09 pension benefits under this chapter. 10 * Sec. 11. AS 24.45.031(a) is amended to read: 11 (a) In addition to its other duties under this chapter, the commission shall 12 (1) prescribe the forms for registration, reports, statements, notices, 13 and other documents required by this chapter; 14 (2) prepare and publish instructions setting out the methods of 15 accounting, bookkeeping, and preservation of records required to facilitate compliance 16 with and enforcement of this chapter and explaining the duties of persons subject to 17 the provisions of this chapter; the instructions shall be updated periodically; 18 (3) provide assistance to persons in complying with the provisions of 19 this chapter; 20 (4) prepare and publish a biennial report of its activities, findings, and 21 recommendations under this chapter, which shall be made available to the governor, 22 legislature, and to the public by February 1 of each odd-numbered calendar year; the 23 commission shall notify the legislature that the report is available; 24 (5) report suspected violations of this chapter to the attorney general; 25 (6) administer an annually updated training course that promotes 26 adherence to high ethical standards of professional conduct and teaches lobbyists 27 and employers of lobbyists how to comply with laws that regulate lobbyists. 28 * Sec. 12. AS 24.45.041(b) is amended to read: 29 (b) The registration form prescribed by the commission must include 30 (1) the lobbyist's full name and complete permanent residence and 31 business address and telephone number, as well as any temporary residential and
01 business address and telephone number in the state capital during a legislative session; 02 (2) the full name and complete address of each person by whom the 03 lobbyist is retained or employed; 04 (3) whether the person from whom the lobbyist receives compensation 05 employs the person solely as a lobbyist or whether the person is a regular employee 06 performing other services for the employer that include but are not limited to the 07 influencing of legislative or administrative action; 08 (4) the nature or form of the lobbyist's compensation for engaging in 09 lobbying, including salary, fees, or reimbursement for expenses received in 10 consideration for, or directly in support of or in connection with, the influencing of 11 legislative or administrative action; 12 (5) a general description of the subjects or matters on which the 13 registrant expects to lobby or to engage in the influencing of legislative or 14 administrative action; 15 (6) the full name and complete address of the person, if other than the 16 registrant, who has custody of the accounts, books, papers, bills, receipts, and other 17 documents required to be maintained under this chapter; 18 (7) the identification of a [LEGISLATOR,] legislative employee [,] or 19 public official to whom the lobbyist is married or who is the domestic partner of the 20 lobbyist; 21 (8) a sworn affirmation by the lobbyist that the lobbyist has 22 completed the training course administered by the commission under 23 AS 24.45.031(a) within the 12-month period preceding the date of registration or 24 registration renewal under this chapter, except that this paragraph does not 25 apply to a person who is a representational lobbyist as defined under regulations 26 of the commission; 27 (9) a sworn affirmation by the lobbyist that the lobbyist has not 28 been previously convicted of a felony involving moral turpitude; in this 29 paragraph, "felony involving moral turpitude" has the meaning given in 30 AS 15.60.010, and includes convictions for a violation of the law of this state or a 31 violation of the law of another jurisdiction with elements similar to a felony
01 involving moral turpitude in this state [IN THIS PARAGRAPH, "DOMESTIC 02 PARTNER" HAS THE MEANING GIVEN IN AS 39.50.200(a)]. 03 * Sec. 13. AS 24.45.041 is amended by adding new subsections to read: 04 (i) A person may not register if the person has been previously convicted of a 05 felony involving moral turpitude in violation of a law of this state or the law of 06 another jurisdiction with elements similar to a felony involving moral turpitude in this 07 state. 08 (j) In this section, 09 (1) "felony involving moral turpitude" has the meaning given in 10 AS 15.60.010; 11 (2) "previously convicted" means the defendant entered a plea of 12 guilty, no contest, or nolo contendere, or has been found guilty by a court or jury; 13 "previously convicted" does not include a conviction that has been set aside under 14 AS 12.55.085 or a similar procedure in another jurisdiction, or that has been reversed 15 or vacated by a court. 16 * Sec. 14. AS 24.45.051 is amended by adding a new subsection to read: 17 (b) A lobbyist required to report to the commission under (a) of this section, 18 who provides or pays for food or beverage for immediate consumption by a legislator 19 or legislative employee or a spouse or domestic partner of a legislator or legislative 20 employee shall report the date the food or beverage was provided or paid for and the 21 recipient's name and relationship to the legislator or legislative employee, unless the 22 food and beverage 23 (1) cost $15 or less; or 24 (2) are provided as part of an event that is open to all legislators or 25 legislative employees. 26 * Sec. 15. AS 24.45.121(a) is amended to read: 27 (a) A lobbyist may not 28 (1) engage in any activity as a lobbyist before registering under 29 AS 24.45.041; 30 (2) do anything with the intent of placing a public official under 31 personal obligation to the lobbyist or to the lobbyist's employer;
01 (3) intentionally deceive or attempt to deceive any public official with 02 regard to any material fact pertinent to pending or proposed legislative or 03 administrative action; 04 (4) cause or influence the introduction of a legislative measure solely 05 for the purpose of thereafter being employed to secure its passage or its defeat; 06 (5) cause a communication to be sent to a public official in the name of 07 any fictitious person or in the name of any real person, except with the consent of that 08 person; 09 (6) accept or agree to accept any payment in any way contingent upon 10 the defeat, enactment, or outcome of any proposed legislative or administrative action; 11 (7) serve as a member of a state board or commission, if the lobbyist's 12 employer may receive direct economic benefit from a decision of that board or 13 commission; 14 (8) serve as a campaign manager or director, serve as a campaign 15 treasurer or deputy campaign treasurer on a finance or fund-raising committee, host a 16 fund-raising event, directly or indirectly collect contributions for, or deliver 17 contributions to, a candidate, or otherwise engage in the fund-raising activity of a 18 legislative campaign or campaign for governor or lieutenant governor if the lobbyist 19 has registered, or is required to register, as a lobbyist under this chapter, during the 20 calendar year; this paragraph does not apply to a representational lobbyist as defined 21 in the regulations of the Alaska Public Offices Commission, and does not prohibit a 22 lobbyist from making personal contributions to a candidate as authorized by AS 15.13 23 or personally advocating on behalf of a candidate; 24 (9) offer, solicit, initiate, facilitate, or provide to or on behalf of a 25 person covered by AS 24.60 [, DURING A LEGISLATIVE SESSION], a gift, other 26 than food or beverage for immediate consumption; however, this paragraph does not 27 prohibit a lobbyist from providing [, DURING A LEGISLATIVE SESSION OR AT 28 ANY OTHER TIME OF THE YEAR,] tickets to a charity event described in 29 AS 24.60.080(a)(2)(B) [AS 24.60.080(c)(10)], or a contribution to a charity event 30 under AS 24.60.080(c)(10) [AS 24.60.080(c)(11)]; 31 (10) make or offer a gift or a campaign contribution whose acceptance
01 by the person to whom it is offered would violate AS 24.60 or AS 39.52. 02 * Sec. 16. AS 24.45.121 is amended by adding new subsections to read: 03 (d) An individual may not, at any time that AS 39.52 prohibits that individual 04 from engaging in activity as a lobbyist, register as a lobbyist under this chapter or 05 engage in any activity as a lobbyist. This subsection does not prohibit registration or 06 service as a volunteer lobbyist described in AS 24.45.161(a)(1) or a representational 07 lobbyist, as defined in regulation by the commission. 08 (e) The spouse or domestic partner of a legislator may not engage in activity 09 as a lobbyist. This subsection does not prohibit the spouse or domestic partner from 10 acting as a volunteer lobbyist under AS 24.45.161(a)(1) or a representational lobbyist, 11 as defined in regulation by the commission. 12 * Sec. 17. AS 24.45.171 is amended by adding a new paragraph to read: 13 (15) "domestic partner" has the meaning given in AS 39.50.200(a). 14 * Sec. 18. AS 24.60.020(a) is amended to read: 15 (a) Except as otherwise provided in this subsection, this chapter applies to a 16 member of the legislature, to a legislative employee, and to public members of the 17 committee. This chapter does not apply to 18 (1) a former member of the legislature or to a person formerly 19 employed by the legislative branch of government unless a [THE] provision of this 20 chapter specifically states that it applies; 21 (2) a person elected to the legislature who at the time of election is not 22 a member of the legislature. 23 * Sec. 19. AS 24.60.030(a) is amended to read: 24 (a) A legislator or legislative employee may not 25 (1) solicit, agree to accept, or accept a benefit other than official 26 compensation for the performance of public duties; this paragraph may not be 27 construed to prohibit lawful solicitation for and acceptance of campaign contributions, 28 solicitation or acceptance of contributions for a charity event, as defined in 29 AS 24.60.080(a)(2)(B) [AS 24.60.080(c)(10)], or the acceptance of a lawful gratuity 30 under AS 24.60.080; 31 (2) use public funds, facilities, equipment, services, or another
01 government asset or resource for a nonlegislative purpose, for involvement in or 02 support of or opposition to partisan political activity, or for the private benefit of either 03 the legislator, legislative employee, or another person; this paragraph does not prohibit 04 (A) limited use of state property and resources for personal 05 purposes if the use does not interfere with the performance of public duties and 06 either the cost or value related to the use is nominal or the legislator or 07 legislative employee reimburses the state for the cost of the use; 08 (B) the use of mailing lists, computer data, or other information 09 lawfully obtained from a government agency and available to the general 10 public for nonlegislative purposes; 11 (C) [TELEPHONE OR FACSIMILE USE THAT DOES NOT 12 CARRY A SPECIAL CHARGE; 13 (D)] the legislative council, notwithstanding AS 24.05.190, 14 from designating a public facility for use by legislators and legislative 15 employees for health or fitness purposes; when the council designates a facility 16 to be used by legislators and legislative employees for health or fitness 17 purposes, it shall adopt guidelines governing access to and use of the facility; 18 the guidelines may establish times in which use of the facility is limited to 19 specific groups; 20 (D) [(E)] a legislator from using the legislator's private office in 21 the capital city during a legislative session, and for the 10 days immediately 22 before and the 10 days immediately after a legislative session, for 23 nonlegislative purposes if the use does not interfere with the performance of 24 public duties and if there is no cost to the state for the use of the space and 25 equipment, other than utility costs and minimal wear and tear, or the legislator 26 promptly reimburses the state for the cost; an office is considered a legislator's 27 private office under this subparagraph if it is the primary space in the capital 28 city reserved for use by the legislator, whether or not it is shared with others; 29 (E) [(F)] a legislator from use of legislative employees to 30 prepare and send out seasonal greeting cards; 31 (F) [(G)] a legislator from using state resources to transport
01 computers or other office equipment owned by the legislator but primarily used 02 for a state function; 03 (G) [(H)] use by a legislator of photographs of that legislator; 04 (H) [(I)] reasonable use of the Internet by a legislator or a 05 legislative employee except if the use is for election campaign purposes; 06 (I) [(J)] a legislator or legislative employee from soliciting, 07 accepting, or receiving a gift on behalf of a recognized, nonpolitical charitable 08 organization in a state facility; 09 (J) [(K)] a legislator from sending any communication in the 10 form of a newsletter to the legislator's constituents, except a communication 11 expressly advocating the election or defeat of a candidate or a newsletter or 12 material in a newsletter that is clearly only for the private benefit of a legislator 13 or a legislative employee; or 14 (K) [(L)] full participation in a charity event approved in 15 advance by the Alaska Legislative Council; 16 (3) knowingly seek, accept, use, allocate, grant, or award public funds 17 for a purpose other than that approved by law, or make a false statement in connection 18 with a claim, request, or application for compensation, reimbursement, or travel 19 allowances from public funds; 20 (4) require a legislative employee to perform services for the private 21 benefit of the legislator or employee at any time, or allow a legislative employee to 22 perform services for the private benefit of a legislator or employee on government 23 time; it is not a violation of this paragraph if the services were performed in an 24 unusual or infrequent situation and the person's services were reasonably necessary to 25 permit the legislator or legislative employee to perform official duties; 26 (5) use or authorize the use of state funds, facilities, equipment, 27 services, or another government asset or resource for the purpose of political fund 28 raising or campaigning; this paragraph does not prohibit 29 (A) limited use of state property and resources for personal 30 purposes if the use does not interfere with the performance of public duties and 31 either the cost or value related to the use is nominal or the legislator or
01 legislative employee reimburses the state for the cost of the use; 02 (B) the use of mailing lists, computer data, or other information 03 lawfully obtained from a government agency and available to the general 04 public for nonlegislative purposes; 05 (C) [TELEPHONE OR FACSIMILE USE THAT DOES NOT 06 CARRY A SPECIAL CHARGE; 07 (D)] storing or maintaining, consistent with (b) of this section, 08 election campaign records in a legislator's office; 09 (D) [(E)] a legislator from using the legislator's private office in 10 the capital city during a legislative session, and for the 10 days immediately 11 before and the 10 days immediately after a legislative session, for 12 nonlegislative purposes if the use does not interfere with the performance of 13 public duties and if there is no cost to the state for the use of the space and 14 equipment, other than utility costs and minimal wear and tear, or the legislator 15 promptly reimburses the state for the cost; an office is considered a legislator's 16 private office under this subparagraph if it is the primary space in the capital 17 city reserved for use by the legislator, whether or not it is shared with others; 18 or 19 (E) [(F)] use by a legislator of photographs of that legislator. 20 * Sec. 20. AS 24.60.030(c) is amended to read: 21 (c) Unless approved by the committee, during a campaign period for an 22 election in which the legislator or legislative employee is a candidate, a legislator or 23 legislative employee may not use or permit another to use state funds, other than funds 24 to which the legislator is entitled under AS 24.10.110, to print or distribute a political 25 mass mailing to individuals eligible to vote for the candidate. In this subsection, 26 (1) a "campaign period" is the period that 27 (A) begins 60 [90] days before the date of an election to the 28 board of an electric or telephone cooperative organized under AS 10.25, a 29 municipal election, or a primary election, or that begins on the date of the 30 governor's proclamation calling a special election; and 31 (B) ends the day after the cooperative election, municipal
01 election, or general or special election; 02 (2) a mass mailing is considered to be political if it is from or about a 03 legislator, legislative employee, or another person who is a candidate for election or 04 reelection to the legislature or another federal, state, or municipal office or to the 05 board of an electric or telephone cooperative. 06 * Sec. 21. AS 24.60.030(f) is amended to read: 07 (f) A legislative employee may not serve in a position that requires 08 confirmation by the legislature. A legislator or legislative employee who serves 09 [MAY SERVE] on a board of an organization, including a governmental entity, shall 10 disclose [THAT REGULARLY HAS A SUBSTANTIAL INTEREST IN THE 11 LEGISLATIVE ACTIVITIES OF THE LEGISLATOR OR EMPLOYEE IF THE 12 LEGISLATOR OR EMPLOYEE DISCLOSES] the board membership to the 13 committee. A person [A LEGISLATOR OR LEGISLATIVE EMPLOYEE WHO IS] 14 required to make a disclosure under this subsection shall file the disclosure with the 15 committee by the deadlines set out in AS 24.60.105 stating the name of each 16 organization on whose board the person serves. The committee shall maintain a public 17 record of the disclosure and forward the disclosure to the appropriate house for 18 inclusion in the journal. This subsection does not require a legislator or legislative 19 employee who is appointed to a board by the presiding officer to make a disclosure of 20 the appointment to the committee if the appointment has been published in the 21 appropriate legislative journal during the calendar year. 22 * Sec. 22. AS 24.60.040(a) is amended to read: 23 (a) A legislator or legislative employee, or a member of the immediate family 24 of a legislator or legislative employee, may not be a party to or have an interest in a 25 state contract or lease unless the contract or lease is let under AS 36.30 (State 26 Procurement Code) or, for agencies that are not subject to AS 36.30, under similar 27 procedures, or the total annual amount of the state contract or lease is $5,000 or less, 28 or is a standardized contract or lease that was developed under publicly established 29 guidelines and is generally available to the public at large, members of a profession, 30 occupation, or group. A person has an interest in a state contract or lease under this 31 section if the person receives direct or indirect financial benefits. A legislator or
01 legislative employee who participates in, or who knows or reasonably should know 02 that a family member is participating in, a state contract or lease that has an annual 03 value of $5,000 or more shall disclose the participation to the committee by the date 04 required under AS 24.60.105. The committee shall promptly forward the 05 disclosure to the appropriate house for inclusion in the journal, and the presiding 06 officer shall cause the disclosure to be published in the journal or in the 07 supplemental journal not later than the next regularly scheduled publication of 08 ethics disclosures. The legislator or legislative employee shall also disclose the 09 renegotiation of a state contract or lease if the original had to be disclosed under this 10 section or if, as a result of renegotiation, disclosure is required under this section. The 11 disclosure must state the amount of the contract or lease and the name of the state 12 agency issuing the contract or lease and must identify the procedures under which the 13 contract or lease was issued. If the disclosure concerns a contract or lease in which a 14 family member of the discloser is participating, the disclosure must identify the 15 relationship between the participant and the discloser. 16 * Sec. 23. AS 24.60.050(c) is amended to read: 17 (c) A legislator or legislative employee who participates in a program or 18 receives a loan that is not exempt from disclosure under (a) of this section shall file [A 19 WRITTEN REPORT] with the committee by the date required under AS 24.60.105 a 20 disclosure stating the amounts of the loans outstanding or benefits received during the 21 preceding calendar year from nonqualifying programs. If the committee requests 22 additional information necessary to determine the propriety of participating in the 23 program or receiving the loan, it shall be promptly provided. The committee shall 24 promptly compile a list of the statements indicating the loans and programs and 25 amounts and send it to the presiding officer of each house who shall have it published 26 in the supplemental journals on or before the next regularly scheduled publication 27 of ethics disclosures. If a [WITHIN THREE WEEKS AFTER THE FILING DATE. 28 A] legislator or legislative employee asks [WHO BELIEVES THAT DISCLOSURE 29 OF PARTICIPATION IN A PROGRAM WOULD BE AN INVASION OF THE 30 PARTICIPANT'S RIGHT TO PRIVACY UNDER THE STATE CONSTITUTION 31 MAY REQUEST] the committee to keep any part of the disclosure confidential and
01 a quorum of the committee determines by vote of a majority of committee 02 members that making the entire disclosure public would cause an unjustifiable 03 invasion of personal privacy, the committee may elect to [. IF THE COMMITTEE 04 FINDS THAT PUBLICATION WOULD CONSTITUTE AN INVASION OF 05 PRIVACY, THE COMMITTEE SHALL] publish only the fact that a person has 06 participated in the program and the amount of benefit that the unnamed person 07 received. The committee shall maintain the disclosure of the name of the person as 08 confidential and may only use the disclosure in a proceeding under AS 24.60.170. If 09 the disclosure becomes part of the record of a proceeding under AS 24.60.170, the 10 disclosure may be made public as provided in that section. 11 * Sec. 24. AS 24.60.070(a) is amended to read: 12 (a) A legislator or legislative employee shall disclose to the committee, which 13 shall maintain a public record of the disclosure and forward the disclosure to the 14 respective house for inclusion in the journal, the formation or maintenance of a close 15 economic association involving a substantial financial matter with 16 (1) a supervisor who is not a member of the legislature who has 17 responsibility or authority, either directly or indirectly, over the person's employment, 18 including preparing or reviewing performance evaluations, or granting or approving 19 pay raises or promotions; this paragraph does not apply to a public member of the 20 committee; 21 (2) legislators; 22 (3) a public official as that term is defined in [WHO IS REQUIRED 23 TO FILE A FINANCIAL DISCLOSURE STATEMENT UNDER] AS 39.50 [AND 24 IS NOT AN APPOINTED MUNICIPAL OFFICER]; 25 (4) a registered lobbyist; or 26 (5) a legislative employee if the person required to make the disclosure 27 is a legislator. 28 * Sec. 25. AS 24.60.070(c) is amended to read: 29 (c) When making a disclosure under (a) of this section concerning a 30 relationship with a lobbyist to whom the [LEGISLATOR OR] legislative employee is 31 married or who is the [LEGISLATOR'S OR] legislative employee's domestic partner,
01 the [LEGISLATOR OR] legislative employee shall also disclose the name and address 02 of each employer of the lobbyist and the total monetary value received by the lobbyist 03 from the lobbyist's employer. The [LEGISLATOR OR] legislative employee shall 04 report changes in the employer of the spouse or domestic partner within 48 hours after 05 the change. In this subsection, "employer of the lobbyist" means the person from 06 whom the lobbyist received amounts or things of value for engaging in lobbying on 07 behalf of the person. 08 * Sec. 26. AS 24.60 is amended by adding a new section to read: 09 Sec. 24.60.075. Compassionate gift exemption. (a) Notwithstanding 10 AS 24.45.121 and AS 24.60.080, a person may give a compassionate gift to a 11 legislator or legislative employee, and a legislator or a legislative employee may 12 solicit, receive, or accept a compassionate gift from a person, subject to the limitations 13 in (b) - (e) of this section. 14 (b) A compassionate gift may not be solicited, accepted, or received unless a 15 written request has been approved in writing by the chair of the legislative council, 16 and the committee chair or vice-chair has approved in writing the decision of the chair 17 of the legislative council. 18 (c) A legislator or legislative employee may not solicit, accept, or receive, 19 directly or indirectly, compassionate gifts worth less than $250 that in a calendar year 20 aggregate to $250 or more in value and are from the same person. A legislator or 21 legislative employee who receives a compassionate gift, directly or indirectly, shall 22 disclose to the committee the name of the gift's source and the value of the gift within 23 30 days after receipt. 24 (d) In this section, the value of a gift shall be determined by the fair market 25 value of the gift, to the extent that the fair market value can be determined. 26 (e) In this section, "compassionate gift" means a solicited or unsolicited gift 27 intended to aid or comfort a recipient or a member of the recipient's immediate family 28 in contending with a catastrophe, a tragedy, or a health-related emergency. 29 * Sec. 27. AS 24.60.080(a) is amended to read: 30 (a) Except as otherwise provided in this section, a legislator or legislative 31 employee may not
01 (1) solicit, accept, or receive, directly or indirectly, a gift worth $250 02 or more, whether in the form of money, services, a loan, travel, entertainment, 03 hospitality, promise, or other form, or gifts from the same person worth less than $250 04 that in a calendar year aggregate to $250 or more in value; 05 (2) [. EXCEPT FOR FOOD OR BEVERAGE FOR IMMEDIATE 06 CONSUMPTION, A LEGISLATOR OR LEGISLATIVE EMPLOYEE MAY NOT] 07 solicit, accept, or receive [DURING A LEGISLATIVE SESSION] a gift with any 08 monetary value from a lobbyist, an immediate family member of a lobbyist, or a 09 person acting on behalf of a lobbyist, except 10 (A) food or beverage for immediate consumption; or 11 (B) tickets for a charity event at any time, except that 12 tickets to or gifts received at a charity event under this subparagraph are 13 subject to the calendar year limit on the value of gifts received by a 14 legislator or legislative employee in (1) of this subsection; in this 15 subparagraph, "charity event" means an event the proceeds of which go 16 to a charitable organization with tax-free status under 26 U.S.C. 501(c)(3) 17 and that the Alaska Legislative Council has approved in advance; the 18 tickets may entitle the bearer to admission to the event, to entertainment, 19 to food or beverages, or to other gifts or services involved in the charity 20 event. 21 * Sec. 28. AS 24.60.080(c) is amended to read: 22 (c) Notwithstanding (a)(1) [(a)] of this section, it is not a violation of this 23 section for a person who is a legislator or legislative employee to accept 24 (1) hospitality, other than hospitality described in (4) of this 25 subsection, 26 (A) with incidental transportation at the residence of a person; 27 however, a vacation home located outside the state is not considered a 28 residence for the purposes of this subparagraph; or 29 (B) at a social event or meal; 30 (2) discounts that are available 31 (A) generally to the public or to a large class of persons to
01 which the person belongs; or 02 (B) when on official state business, but only if receipt of the 03 discount benefits the state; 04 (3) food or foodstuffs indigenous to the state that are shared generally 05 as a cultural or social norm; 06 (4) travel and hospitality primarily for the purpose of obtaining 07 information on matters of legislative concern; 08 (5) gifts from the immediate family of the person; in this paragraph, 09 "immediate family" means 10 (A) the spouse of the person; 11 (B) the person's domestic partner; 12 (C) a child, including a stepchild and an adoptive child, of 13 the person or of the person's domestic partner; 14 (D) a parent, sibling, grandparent, aunt, or uncle of the 15 person; 16 (E) a parent, sibling, grandparent, aunt, or uncle of the 17 person's spouse or the person's domestic partner; and 18 (F) a stepparent, stepsister, stepbrother, step-grandparent, 19 step-aunt, or step-uncle of the person, the person's spouse, or the person's 20 domestic partner; 21 (6) gifts that are not connected with the recipient's legislative status; 22 (7) a discount for all or part of a legislative session, including time 23 immediately preceding or following the session, or other gift to welcome a legislator 24 or legislative employee who is employed on the personal staff of a legislator or by a 25 standing or special committee to the capital city or in recognition of the beginning of a 26 legislative session if the gift or discount is available generally to all legislators and the 27 personal staff of legislators and staff of standing and special committees; this 28 paragraph does not apply to legislative employees who are employed by the 29 Legislative Affairs Agency, the office of the chief clerk, the office of the senate 30 secretary, the legislative budget and audit committee, the office of victims' rights, or 31 the office of the ombudsman;
01 (8) a gift of legal services in a matter of legislative concern and a gift 02 of other services related to the provision of legal services in a matter of legislative 03 concern; 04 (9) a gift of transportation from a legislator or a legislative employee 05 to a legislator or a legislative employee if the transportation takes place in the state on 06 or in an aircraft, boat, motor vehicle, or other means of transport owned or under the 07 control of the donor; this paragraph does not apply to travel described in (4) of this 08 subsection or travel for political campaign purposes; or 09 (10) [TICKETS FROM A LOBBYIST FOR A CHARITY EVENT AT 10 ANY TIME, INCLUDING DURING A LEGISLATIVE SESSION, EXCEPT THAT 11 TICKETS TO OR GIFTS RECEIVED AT A CHARITY EVENT UNDER THIS 12 PARAGRAPH ARE SUBJECT TO THE CALENDAR YEAR LIMIT ON THE 13 VALUE OF GIFTS RECEIVED BY A LEGISLATOR OR LEGISLATIVE 14 EMPLOYEE IN (a) OF THIS SECTION; IN THIS PARAGRAPH, "CHARITY 15 EVENT" MEANS AN EVENT THE PROCEEDS OF WHICH GO TO A 16 CHARITABLE ORGANIZATION WITH TAX-FREE STATUS UNDER 26 U.S.C. 17 501(c)(3) AND THAT THE ALASKA LEGISLATIVE COUNCIL HAS APPROVED 18 IN ADVANCE; THE TICKETS MAY ENTITLE THE BEARER TO ADMISSION 19 TO THE EVENT, TO ENTERTAINMENT, TO FOOD OR BEVERAGES, OR TO 20 OTHER GIFTS OR SERVICES INVOLVED IN THE CHARITY EVENT; OR 21 (11)] a contribution to a charity event from any person at any time; in 22 this paragraph, "charity event" has the meaning given in (a)(2)(B) [(10)] of this 23 section. 24 * Sec. 29. AS 24.60.080(d) is amended to read: 25 (d) A legislator or legislative employee who accepts a gift under (c)(4) of this 26 section that has a value of $250 or more shall disclose to the committee, within 30 27 days after receipt of the gift, the name and occupation of the donor and the 28 approximate value of the gift. A legislator or legislative employee who accepts a gift 29 under (c)(8) of this section that the recipient expects will have a value of $250 or more 30 in the calendar year shall disclose to the committee, within 30 days after receipt of the 31 gift, the name and occupation of the donor, a general description of the matter of
01 legislative concern with respect to which the gift is made, and the approximate value 02 of the gift. The committee shall maintain a public record of the disclosures it receives 03 relating to gifts under (c)(4), (c)(8), and (i) [AND (8)] of this section and shall 04 forward the disclosures to the appropriate house for inclusion in the journal. The 05 committee shall forward to the Alaska Public Offices Commission copies of the 06 disclosures concerning gifts under (c)(4), (c)(8), and (i) [AND (8)] of this section that 07 it receives from legislators and legislative directors. A legislator or legislative 08 employee who accepts a gift under (c)(6) of this section that has a value of $250 or 09 more shall, within 30 days after receiving the gift, disclose to the committee 10 [ANNUALLY ON OR BEFORE MARCH 15] the name and occupation of the donor 11 and a description of the gift. The committee shall maintain disclosures relating to gifts 12 under (c)(6) of this section as confidential records and may only use, or permit a 13 committee employee or contractor to use, a disclosure under (c)(6) of this section in 14 the investigation of a possible violation of this section or in a proceeding under 15 AS 24.60.170. If the disclosure under (c)(6) of this section becomes part of the record 16 of a proceeding under AS 24.60.170, the confidentiality provisions of that section 17 apply to the disclosure. 18 * Sec. 30. AS 24.60.080(i) is amended to read: 19 (i) A legislator or legislative employee who knows or reasonably should know 20 that an immediate [A] family member has received a gift because of the family 21 member's connection with the legislator or legislative employee shall disclose for 22 publication under (d) of this section [REPORT] the receipt of the gift by the family 23 member to the committee if the gift would have to be disclosed [REPORTED] under 24 this section if it had been received by the legislator or legislative employee. If [OR IF] 25 receipt of the gift by a person who is a legislator or legislative employee would be 26 prohibited under this section, a member of the person's immediate family may not 27 receive the gift. 28 * Sec. 31. AS 24.60.085 is amended by adding a new subsection to read: 29 (c) During the term for which elected or appointed, a legislator may not, 30 directly or by authorizing another to act on the legislator's behalf, accept or agree to 31 accept compensation, except from the State of Alaska, for work associated with
01 legislative action, administrative action, or political action. Notwithstanding 02 AS 24.60.990, in this subsection, "administrative action" and "legislative action" have 03 the meanings given in AS 24.45.171. 04 * Sec. 32. AS 24.60.105(a) is amended to read: 05 (a) When a legislator or legislative employee is required to file a disclosure 06 under this chapter and a date by which the disclosure must be filed is not otherwise set 07 by statute, the deadline for filing the disclosure shall be 30 days [DEADLINES SET 08 OUT IN THIS SECTION SHALL APPLY. FOR DISCLOSURE OF A MATTER OR 09 AN INTEREST THAT BEGAN OR WAS ACQUIRED DURING THE INTERIM 10 BETWEEN REGULAR LEGISLATIVE SESSIONS, WHETHER OR NOT THE 11 REGULAR SESSION IS EXTENDED OR THERE IS A SPECIAL SESSION, OR 12 DURING THE LAST 30 DAYS OF A REGULAR SESSION, THE LEGISLATOR 13 OR LEGISLATIVE EMPLOYEE SHALL DISCLOSE THE MATTER BY MARCH 14 15. FOR DISCLOSURE OF A MATTER OR AN INTEREST THAT BEGAN OR 15 WAS ACQUIRED DURING A REGULAR LEGISLATIVE SESSION, BUT NOT 16 DURING THE LAST 30 DAYS OF THE REGULAR SESSION, THE 17 DISCLOSURE MUST BE MADE WITHIN 30 DAYS] after the commencement of 18 the matter or interest or the date the legislator or legislative employee first 19 becomes subject to this chapter, whichever comes later [OR 20 REPRESENTATION]. 21 * Sec. 33. AS 24.60.105 is amended by adding a new subsection to read: 22 (c) In addition to the filing requirements under (a) and (b) of this section, the 23 disclosures under (b) of this section shall be made annually, in a report filed with the 24 committee within 30 days after the first day of the regular legislative session. 25 * Sec. 34. AS 24.60 is amended by adding a new section to article 2 to read: 26 Sec. 24.60.115. Disclosure required of a legislator, legislative employee, or 27 public member of the committee after final day of service. A person serving as a 28 legislator, legislative employee, or public member of the committee shall, not later 29 than 90 days after the person's final day of service as a legislator, legislative employee, 30 or public member, file a final disclosure of every matter or interest, except for a matter 31 or interest subject to disclosure under AS 24.60.200, that was subject to disclosure
01 under this chapter while the person was serving, unless the person previously 02 disclosed the matter or interest and, for that reason, the matter or interest is no longer 03 subject to disclosure. Nothing in this section excuses the filing of a disclosure or report 04 as may be required by another section of this chapter. 05 * Sec. 35. AS 24.60.130(n) is amended to read: 06 (n) When appointing members of the legislature to serve on the committee, the 07 speaker of the house or the president of the senate, as appropriate, shall appoint an 08 alternate member for each regular member. An alternate must have the same 09 qualifications as the regular member for whom the alternate stands as alternate and is 10 subject to confirmation as required for the regular member. If a regular legislative 11 member of the committee or a subcommittee is unable to attend a meeting, the 12 chair of the committee or a subcommittee shall designate the regular member's 13 alternate to serve in place of the regular member at the meeting and the 14 designated alternate shall serve unless unable to serve for any reason. If a regular 15 legislative member of the committee or a subcommittee is disqualified under (h) of 16 this section from serving on the committee or the subcommittee concerning a 17 proceeding under AS 24.60.170 or if the regular member is unable to attend, 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 in the proceeding unless the alternate 20 is also disqualified from serving. The designation shall be treated as confidential to the 21 same extent that the identity of the subject of a complaint is required to be kept 22 confidential. 23 * Sec. 36. AS 24.60.130(o) is amended to read: 24 (o) In this section, 25 (1) "majority organizational caucus" means a group of legislators 26 who have organized and elected a majority leader and constitute more than 50 27 percent of the total membership of the house or senate, as appropriate; 28 (2) "minority organizational caucus" means a group of legislators who 29 have organized and elected a minority leader and constitute at least 25 percent of the 30 total membership of the house or senate, as appropriate. 31 * Sec. 37. AS 24.60.130 is amended by adding a new subsection to read:
01 (p) Notwithstanding (h) and (n) of this section, if a complaint before the 02 committee alleges a violation of this chapter by a group of legislators that includes a 03 legislative member of the committee and that member's alternate, the member and 04 alternate member are disqualified from serving on the committee with regard to the 05 complaint. If the two disqualified members of the committee are members of the 06 majority organizational caucus, the presiding officer of the house in which the two 07 disqualified members serve shall appoint from that house an alternate to serve with 08 regard to the complaint. If one of the two disqualified legislative members of the 09 committee is not a member of the majority organizational caucus, the leader of the 10 minority organizational caucus with the greatest number of members shall appoint 11 from that house an alternate to serve with regard to the complaint. If a complaint 12 alleges a violation of this chapter that includes all legislative members of the majority 13 organizational caucus of one house, the presiding officer of that house shall appoint 14 from the other house an alternate to serve with regard to the complaint. If the 15 complaint alleges a violation of this chapter that includes all legislative members of a 16 minority organizational caucus of one house, the leader of that minority organizational 17 caucus shall appoint from the other house an alternate to serve with regard to the 18 complaint. 19 * Sec. 38. AS 24.60.150(a) is amended to read: 20 (a) The committee shall 21 (1) adopt procedures to facilitate the receipt of inquiries and prompt 22 rendition of its opinions; 23 (2) publish semi-annual summaries of decisions and advisory opinions 24 with sufficient deletions in the summaries to prevent disclosing the identity of the 25 persons involved in the decisions or opinions that have remained confidential; 26 (3) publish legislative ethics materials, including an annually 27 updated handbook on standards of ethical conduct and a bimonthly legislative 28 newsletter, to help educate legislators, legislative employees, and public members 29 of the committee on the subject of legislative ethics; 30 (4) within 10 days of the first day of each regular session of the 31 legislature and at other times determined by the committee, administer two types
01 of legislative ethics courses that teach means of compliance with this chapter and 02 are designed to give an understanding of this chapter's purpose under 03 AS 24.60.010; one course, for returning legislators, legislative employees, or 04 public members of the committee, shall refresh knowledge and review 05 compliance issues; a separate course shall be designed to give first-time 06 legislators, legislative employees, or public members of the committee a 07 fundamental understanding of this chapter and how to comply with it. 08 * Sec. 39. AS 24.60 is amended by adding a new section to read: 09 Sec. 24.60.155. Legislative ethics course. A person who is a legislator, 10 legislative employee, or public member of the committee shall complete a legislative 11 ethics course administered by the committee under AS 24.60.150(a)(4) within 10 days 12 of the first day of the first regular session of each legislature. However, a person who 13 first takes office or begins employment after the 10th day of the first regular session of 14 a legislature shall complete the course required by this section within 30 days after the 15 person's first day of service and, thereafter, as required by this section. The committee 16 may grant a person additional time to complete the course required by this section. 17 * Sec. 40. AS 24.60.160 is amended to read: 18 Sec. 24.60.160. Advisory opinions. (a) On the request of the committee, the 19 Alaska Public Offices Commission, a person to whom this chapter applies, or a 20 person who has been newly elected to the legislature, the committee shall issue an 21 advisory opinion within 60 days as to whether the facts and circumstances of a 22 particular case constitute a violation of ethical standards. If it finds that it is advisable 23 to do so, the committee may issue an opinion under this section on the request of a 24 person who reasonably expects to become subject to this chapter within the next 45 25 days. The 60-day period for issuing an opinion may be extended by the committee if 26 the person requesting the opinion consents. 27 (b) An opinion issued under this section is binding on the committee in any 28 subsequent proceedings concerning the facts and circumstances of the particular case 29 unless material facts were omitted or misstated in the request for the advisory opinion. 30 An opinion issued under this section must be issued with sufficient deletions to 31 prevent disclosing the identity of the person or persons involved. Advisory
01 opinion discussions and deliberations are confidential, unless the requester and 02 anyone else named in the request who is covered by this chapter waives 03 confidentiality. The committee's final vote on the advisory opinion is a public 04 record [EXCEPT AS PROVIDED IN THIS CHAPTER, AN ADVISORY OPINION 05 IS CONFIDENTIAL BUT SHALL BE MADE PUBLIC IF A WRITTEN REQUEST 06 BY THE PERSON WHO REQUESTED THE OPINION IS FILED WITH THE 07 COMMITTEE]. 08 * Sec. 41. AS 24.60.170(j) is amended to read: 09 (j) If the committee has issued a formal charge under (h) of this section, and if 10 the person charged has not admitted the allegations of the charge, the committee shall 11 schedule a hearing on the charge. The committee may appoint an individual to present 12 the case against the person charged if that individual does not provide other [AND 13 HAS NOT PROVIDED] legal advice to the committee except in the course of 14 presenting cases under this subsection. The hearing shall be scheduled for a date more 15 than 20 and less than 90 days after service of the charge on the person charged, unless 16 the committee schedules [THE PERSON AGREES TO] a later hearing date. If the 17 complainant prevents the hearing from starting before the 90-day deadline passes 18 and a quorum of the committee determines by vote of a majority of committee 19 members the delay is not supported by a compelling reason or will result in the 20 person charged being deprived of a fair hearing, the committee may dismiss the 21 complaint with prejudice or enter some other order the committee determines is 22 appropriate. At the hearing, the person charged shall have the right to appear 23 personally before the committee, to subpoena witnesses and require the production of 24 books or papers relating to the proceedings, to be represented by counsel, and to cross- 25 examine witnesses. A witness shall testify under oath. The committee is not bound by 26 the rules of evidence, but the committee's findings must be based upon clear and 27 convincing evidence. Testimony taken at the hearing shall be recorded, and evidence 28 shall be maintained. 29 * Sec. 42. AS 24.60.176(b) is amended to read: 30 (b) In this section, "appointing authority" means 31 (1) the legislative council for employees of the Legislative Affairs
01 Agency and of the legislative council and for legislative employees not otherwise 02 covered under this subsection; 03 (2) the Legislative Budget and Audit Committee for the legislative 04 fiscal analyst and employees of the division of legislative finance, the legislative 05 auditor and employees of the division of legislative audit, and employees of the 06 Legislative Budget and Audit Committee; 07 (3) the appropriate finance committee for employees of the senate or 08 house finance committees; 09 (4) the appropriate rules committee for employees of 10 (A) standing committees of the legislature, other than the 11 finance committees; 12 (B) the senate secretary's office and the office of the chief clerk 13 of the house of representatives; and 14 (C) house records and senate records; 15 (5) the legislator who made the hiring decision for employees of 16 individual legislators; however, the legislator may request the appropriate rules 17 committee to act in the legislator's stead; 18 (6) the ombudsman for employees of the office of the ombudsman, 19 other than the ombudsman; 20 (7) the legislature for the ombudsman; 21 (8) the victims' advocate for employees of the office of victims' 22 rights, other than the victims' advocate; 23 (9) the legislature for the victims' advocate. 24 * Sec. 43. AS 24.60.200 is amended to read: 25 Sec. 24.60.200. Financial disclosure by legislators, public members of the 26 committee, and legislative directors. A legislator, a public member of the committee, 27 and a legislative director shall file a disclosure statement, under oath and on penalty of 28 perjury, with the Alaska Public Offices Commission giving the following information 29 about the income received or deferred income, earned or otherwise, to be received 30 by the discloser, the discloser's spouse or domestic partner, the discloser's dependent 31 children, and the discloser's nondependent children who are living with the discloser:
01 (1) the information that a public official is required to report under 02 AS 39.50.030, other than information about 03 (A) income received as compensation for personal services; 04 (B) a loan or loan guarantee; 05 (C) gifts; 06 (2) as to income or deferred income in excess of $1,000 earned or 07 received as compensation for personal services, and as to dividend income or 08 deferred compensation in excess of $1,000 received from a limited liability 09 company as compensation or deferred compensation for personal services, a 10 statement describing 11 (A) the names [NAME] and addresses [ADDRESS] of the 12 source and the recipient; 13 (B) the amount; 14 (C) whether it was or will be earned by commission, by the 15 job, by the hour, or by some other method; 16 (D) the dates and approximate number of hours worked or 17 to be worked to earn it; and 18 (E) unless required by law to be kept confidential, a 19 description sufficient to make clear to a person of ordinary understanding 20 the nature of each service performed or to be performed and the date the 21 service was performed or will be performed [OF THE INCOME, AND A 22 STATEMENT DESCRIBING THE NATURE OF THE SERVICES 23 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. 44. 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. 45. 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. 46. 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. 47. 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. 48. AS 24.60.990(a)(7) is amended to read: 13 (7) "income" means an asset that a person has received or expects 14 to receive [ASSETS THAT ARE RECEIVED], regardless of whether it is [THEY 15 ARE] earned or unearned; inheritances and other gifts are not income; 16 * Sec. 49. AS 37.10.220(a) is amended by adding a new paragraph to read: 17 (16) administer pension forfeitures required under AS 37.10.310 using 18 the procedures of AS 44.62 (Administrative Procedure Act). 19 * Sec. 50. AS 37.10 is amended by adding a new section to read: 20 Sec. 37.10.310. Pension forfeiture to preserve public trust in government. 21 (a) A public officer, as defined in AS 39.52.960, a legislator, or a person employed as 22 a legislative director, as that term is defined in AS 24.60.990, who is convicted of a 23 federal or state felony offense of bribery, receiving a bribe, perjury, subornation of 24 perjury, scheme to defraud, fraud, mail fraud, misuse of funds, corruption, or tax 25 evasion may not receive a state pension benefit if the offense was committed on or 26 after the effective date of this section and was in connection with the person's official 27 duties. 28 (b) Pension benefits and employee contributions that accrue to a person before 29 the date of the person's commission of the offense described in (a) of this section are 30 not diminished or impaired by that subsection. 31 (c) A state pension benefit under (a) of this section does not include
01 (1) insurance, voluntary wage reductions, involuntary wage reductions, 02 or supplemental or health benefits under AS 39.30.090 - 39.30.495 or former 03 AS 39.37.145; 04 (2) member or employee contributions under AS 14.25.050, 14.25.055, 05 14.25.075, 14.25.340, 14.25.360(a), AS 22.25.011, AS 39.35.160, 39.35.165(f), 06 39.35.180, 39.35.730, 39.35.760(a), or former AS 39.37.070. 07 (d) In a pension forfeiture matter under this section, the board may award to a 08 spouse, dependent, or former spouse of the person governed by the limitations in (a) of 09 this section some or all of the amount that, but for the forfeiture under (a) of this 10 section, may otherwise be payable. In determining whether to make an award under 11 this subsection, the board shall consider the totality of circumstances, including 12 (1) the role, if any, of the person's spouse, dependent, or former spouse 13 in connection with the illegal conduct for which the person was convicted; and 14 (2) the degree of knowledge, if any, possessed by the person's spouse, 15 dependent, or former spouse in connection with the illegal conduct for which the 16 person was convicted. 17 * Sec. 51. AS 39.35.300(a) is amended to read: 18 (a) An active employee is entitled to credited service for periods of 19 employment with the state after January 1, 1961, regardless of the office, department, 20 division, or agency of the state in which the person was employed. For purposes of 21 AS 39.35.095 - 39.35.680, the University of Alaska is not an office, department, 22 division, or agency of the state. Service credit may not be granted under AS 39.35.095 23 - 39.35.680 for service that is creditable under the teachers' retirement system, 24 AS 14.25, or for a person's service as a public officer, as defined in AS 39.52.960, 25 a legislator, or a legislative director, if the service occurs on or after the date the 26 person commits a criminal offense from which a pension forfeiture under 27 AS 37.10.310 results. 28 * Sec. 52. AS 39.35 is amended by adding a new section to read: 29 Sec. 39.35.672. Pension forfeiture. The provisions of AS 37.10.310 apply to 30 pension benefits under AS 39.35.095 - 39.35.680. 31 * Sec. 53. AS 39.35 is amended by adding a new section to read:
01 Sec. 39.35.932. Pension forfeiture. The provisions of AS 37.10.310 apply to 02 pension benefits under AS 39.35.700 - 39.35.990. 03 * Sec. 54. AS 39.50.020 is amended to read: 04 Sec. 39.50.020. Report of financial and business interests. (a) A public 05 official other than the governor or the lieutenant governor shall file a statement giving 06 income sources and business interests, under oath and on penalty of perjury, within 30 07 days after taking office as a public official. Candidates for state elective office other 08 than a candidate who is subject to AS 24.60 shall file the statement with the director of 09 elections at the time of filing a declaration of candidacy or a nominating petition or 10 becoming a candidate by any other means. Candidates for elective municipal office 11 shall file the statement at the time of filing a nominating petition, declaration of 12 candidacy, or other required filing for the elective municipal office. Refusal or failure 13 to file within the time prescribed shall require that the candidate's filing fees, if any, 14 and filing for office be refused or that a previously accepted filing fee be returned and 15 the candidate's name removed from the filing records. A statement shall also be filed 16 by public officials no later than March 15 in each following year. On or before the 17 90th day after leaving office, a former public official shall file a final statement 18 covering any period during the official's service in that office for which the public 19 official has not already filed a statement. Persons who are members of boards or 20 commissions not named in AS 39.50.200(b) are not required to file financial 21 statements. 22 (b) A public official or former public official other than an elected or 23 appointed municipal officer shall file the statement with the Alaska Public Offices 24 Commission. Candidates for the office of governor and lieutenant governor and, if the 25 candidate is not subject to AS 24.60, the legislature shall file the statement under 26 AS 15.25.030 or 15.25.180. Municipal officers, former municipal officers, and 27 candidates for elective municipal office, shall file with the municipal clerk or other 28 municipal official designated to receive their filing for office. All statements required 29 to be filed under this chapter are public records. 30 * Sec. 55. AS 39.50.030(b) is amended to read: 31 (b) Each statement filed by a public official or candidate under this chapter
01 must include the following: 02 (1) for [THE SOURCE OF] all sources of income over $1,000 03 [$5,000] during the preceding calendar year, including taxable [AND 04 NONTAXABLE] capital gains, and for all gifts from a single source with a 05 cumulative value exceeding $250 in a calendar year, received by the person, the 06 person's spouse or domestic partner, or the person's dependent child, 07 (A) each source of the income or gift; 08 (B) the recipient of the income or gift; 09 (C) the amount of the income or value of the gift; 10 (D) a brief statement describing whether the income was 11 earned by commission, by the job, by the hour, or by some other method; 12 (E) the approximate number of hours worked to earn the 13 income; and 14 (F) unless required by law to be kept confidential, a 15 description sufficient to make clear to a person of ordinary understanding 16 the nature of each service performed and the date the service was 17 performed [EXCEPT THAT A SOURCE OF INCOME THAT IS A GIFT 18 MUST BE INCLUDED IF THE VALUE OF THE GIFT EXCEEDS $250]; 19 (2) the identity, by name and address, of each business in which the 20 person, the person's spouse or domestic partner, or the person's dependent child has an 21 interest or was a stockholder, owner, officer, director, partner, proprietor, or employee 22 during the preceding calendar year, except that an interest of less than $1,000 [$5,000] 23 in the stock of a publicly traded corporation need not be included; 24 (3) the identity and nature of each interest in real property, including 25 an option to buy, owned at any time during the preceding calendar year by the person, 26 the person's spouse or domestic partner, or the person's dependent child; 27 (4) the identity of each trust or other fiduciary relation in which the 28 person, the person's spouse or domestic partner, or the person's dependent child held a 29 beneficial interest exceeding $1,000 [$5,000] during the preceding calendar year, a 30 description and identification of the property contained in each trust or relation, and 31 the nature and extent of the beneficial interest in it;
01 (5) any loan or loan guarantee of more than $1,000 [$5,000] made to 02 the person, the person's spouse or domestic partner, or the person's dependent child, 03 and the identity of the maker of the loan or loan guarantor and the identity of each 04 creditor to whom the person, the person's spouse or domestic partner, or the person's 05 dependent child owed more than $1,000 [$5,000]; this paragraph requires disclosure of 06 a loan, loan guarantee, or indebtedness only if the loan or guarantee was made, or the 07 indebtedness incurred, during the preceding calendar year, or if the amount still owing 08 on the loan, loan guarantee, or indebtedness was more than $1,000 [$5,000] at any 09 time during the preceding calendar year; 10 (6) a list of all contracts and offers to contract with the state or an 11 instrumentality of the state during the preceding calendar year held, bid, or offered by 12 the person, the person's spouse or domestic partner, or the person's dependent child, a 13 partnership, limited liability company, or professional corporation of which the 14 person is a member, or a corporation in which the person or the person's spouse, 15 domestic partner, or dependent child [CHILDREN], or a combination of them, hold a 16 controlling interest; and 17 (7) a list of all mineral, timber, oil, or any other natural resource lease 18 held, or lease offer made, during the preceding calendar year by the person, the 19 person's spouse or domestic partner, or the person's dependent child, a partnership, 20 limited liability company, or professional corporation of which the person is a 21 member, or a corporation in which the person or the person's spouse, [OR] domestic 22 partner, or dependent child [CHILDREN], or a combination of them, holds a 23 controlling interest. 24 * Sec. 56. AS 39.50.030(h) is amended to read: 25 (h) In this section, 26 (1) [REPEALED 27 (2)] "close economic association" means a financial relationship that 28 exists between a public official required to disclose a close economic association 29 under (d) of this section and some other person or entity, including a relationship 30 where the public official serves as a consultant or advisor to, is a member or 31 representative of, or has a financial interest in an association, partnership, limited
01 liability company, business, or corporation; 02 (2) [(3)] "lobbyist" has the meaning given in AS 24.60.990(a); 03 (3) [(4)] "public officer" has the meaning given in AS 39.52.960. 04 * Sec. 57. AS 39.50.040 is amended to read: 05 Sec. 39.50.040. Blind trusts. (a) A public official may transfer all or a portion 06 of the official's assets to a blind trust for the duration of service in public office. The 07 original assets placed in the blind trust shall be listed by the official in a [THE] 08 statement [REQUIRED TO BE] filed under this section, together with a description 09 of the actual or potential conflicts of interest, or appearance of conflict, that the 10 official seeks to avoid by the use of the trust. A copy of the [CHAPTER. THE] 11 instrument creating the blind trust must be included with the statement. 12 (b) For a blind trust to qualify under this section, the following conditions 13 must be met: 14 (1) the trust may not contain investments or assets in which the 15 ownership right or interest is required to be recorded in a public office other 16 than with the Alaska Public Offices Commission, or contain assets with 17 permanency that makes transfer by the trustee improbable or impractical, 18 including real estate, security interests in personal property, mortgages, and 19 interests in closely held businesses [ASSETS TRANSFERRED TO THE TRUST 20 SHALL BE MARKETABLE]; 21 (2) the trustee shall be a bank, trust company, or other institutional 22 fiduciary; 23 (3) the trustee shall have full authority to manage the trust, including 24 the purchase, sale, and exchange of its assets in accordance with fiduciary principles 25 and, without exception under any circumstances, notwithstanding this section, 26 the prudent investment rule set out in AS 13.36.230 - 13.36.290; 27 (4) the trust instrument shall contain a clear statement that its 28 purpose is to remove from the settlor control and knowledge of investment of 29 trust assets so that conflicts between the settlor's responsibilities and duties as a 30 public official and the settlor's personal or financial interests will be eliminated 31 [INFORMATION REGARDING THE IDENTITY AND THE NATURE OF ITS
01 ASSETS SHALL BE CONFIDENTIAL FROM THE TRUSTOR FOR THE 02 DURATION OF THE TRUST]; 03 (5) during the term of the trust, a settlor or other beneficiary of the 04 trust may not communicate with the trustee except in writing and only regarding 05 (A) a request for a distribution in cash or another unspecified asset of the trust, 06 (B) the general financial requirements regarding distributions from the trust as a 07 whole, (C) direction to the trustee that, because a law, executive order, or 08 regulation prohibits the settlor from holding an asset, the asset may not be held 09 by the trust, (D) direction to the trustee to sell all of an asset initially placed in the 10 trust because the settlor has determined the sale is necessary to avoid a conflict of 11 interest, the appearance of impropriety, or an ethical violation; quarterly the 12 trustee may provide to the settlor a written report of the aggregate market value 13 of the trust's assets and property but may not disclose to the settlor or other 14 beneficiary of the trust, or any other interested party, any information about the 15 identity and nature of any of the assets in the trust, and the trustee shall be 16 required to report any known breach of this confidentiality [OR THE 17 TERMINATION OF THE TRUST TO THE OFFICE WHERE THE TRUSTOR IS 18 REQUIRED TO FILE STATEMENTS UNDER THIS CHAPTER]; [AND] 19 (6) the trust shall terminate only upon order of the commission, 20 the death or incompetence of the settlor, the termination of the settlor's status as 21 a public official, or upon revocation approved in advance by the commission; the 22 trustee shall be required to promptly report any termination of the trust to the 23 commission; 24 (7) the trustee shall prepare the income tax return of the trust and 25 may participate in the audit of the trust's returns with authority to compromise a 26 tax liability of the trust, but may not disclose the return or information related to 27 the return, except promptly after the close of each taxable year of the trust the 28 trustee shall provide the settlor with an annual report summarizing information 29 concerning the trust, including net income or loss, expenses, capital gains, and 30 capital losses of the trust, as necessary to enable the settlor to prepare and file tax 31 returns required by law; however, the summary may not directly or indirectly
01 identify a security or other property that is an asset or former asset of the trust; 02 (8) the trustee shall be directed to avoid knowingly making any 03 investment in a corporation, business, or venture over which the settlor is likely 04 to take action by virtue of the settlor's official position; 05 (9) for the duration of the trust, a settlor or other beneficiary may 06 not pledge, mortgage, or otherwise encumber a person's interests in an asset that 07 is part of the trust, the settlor may not retain control over the trustee, and the 08 settlor is not permitted to make any recommendations or suggestions as to the 09 trust property; 10 (10) the trust instrument agreement must provide that the trustee 11 will give the attorney general or personnel board access to any records or 12 information related to the trust that is necessary when investigating or hearing 13 an accusation alleging a violation of AS 39.52; 14 (11) the trustee shall report to the commission the beginning and 15 ending value of the trust and, if the commission requests, the trustee shall 16 prepare under seal a detailed description of transactions and holdings of the 17 trust; the document prepared by the trustee under seal is not public information 18 unless an accusation under AS 39.52 relevant to the blind trust is filed by the 19 attorney general or the personnel board, and 20 (12) the trust may not become effective until the trust instrument 21 is submitted and approved by the commission [REPEALED]. 22 * Sec. 58. AS 39.50.040 is amended by adding new subsections to read: 23 (c) A quarterly report of aggregate market value under this section may 24 include, in addition to the aggregate market value of the trust's assets and property, the 25 percentage of that aggregate market value attributable to the settlor and each 26 beneficiary, by name. Within 30 days after receipt from the trustee of the quarterly 27 report of aggregate market value, the settlor may, notwithstanding the limitations on a 28 communication's subject under (b) of this section, provide a written instruction to the 29 trustee that, with respect to the trust as a whole and not a particular asset or property of 30 the trust, the settlor prefers that the trustee adopt an investment approach that is 31 conservative, moderate, or aggressive.
01 (d) A person initiating a written communication under this section shall cause 02 a copy of the communication to be filed with the commission within five days after the 03 date of the communication. 04 (e) The trustee shall maintain and make available for inspection by the 05 commission at the commission's request the trust's tax returns, books of account, and 06 other records and, on or before May 15 of each year, shall file with the commission a 07 notarized document certifying compliance with this section for the preceding calendar 08 year. 09 (f) Except as permitted by this section, the trustee shall make no accounting to 10 the settlor until the date the trust terminates, and, following the termination, the trustee 11 shall promptly make a full accounting to the settlor and turn over to the settlor all 12 assets remaining in the trust at termination. 13 (g) The trustee may not at any time be held liable for an act or omission of the 14 trustee or for any loss or depreciation of the value of an asset or property of the trust 15 unless the trustee fails to exercise good faith, due diligence, and the ordinary skill, 16 care, and judgment a prudent fiduciary would exercise. 17 * Sec. 59. AS 39.50.050(a) is amended to read: 18 (a) The Alaska Public Offices Commission created under AS 15.13.020(a) 19 shall administer the provisions of this chapter. The commission shall prepare and keep 20 available for distribution standardized forms on which the reports required by this 21 chapter shall be filed. The commission shall print the forms provided under this 22 section so that the front and back of each page have the same orientation when the 23 page is rotated on the vertical axis of the page. The commission shall require [MAY 24 REQUEST] that the information required under this chapter, unless it is information 25 required of a municipal officer, be submitted electronically but may, when 26 circumstances warrant an exception, [SHALL] accept any information required 27 under this chapter that is typed in clear and legible black typeface or hand-printed in 28 dark ink on paper in a format approved by the commission or on forms provided by 29 the commission and that is filed with the commission. A municipal officer shall 30 submit information required under this chapter electronically, typed, or hand- 31 printed in the manner described in this subsection.
01 * Sec. 60. AS 39.50.050(a), as amended by sec. 59 of this Act, is amended to read: 02 (a) The Alaska Public Offices Commission created under AS 15.13.020(a) 03 shall administer the provisions of this chapter. The commission shall prepare and keep 04 available for distribution standardized forms on which the reports required by this 05 chapter shall be filed. The commission shall print the forms provided under this 06 section so that the front and back of each page have the same orientation when the 07 page is rotated on the vertical axis of the page. The commission shall require that the 08 information required under this chapter [, UNLESS IT IS INFORMATION 09 REQUIRED OF A MUNICIPAL OFFICER,] be submitted electronically but may, 10 when circumstances warrant an exception, accept any information required under this 11 chapter that is typed in clear and legible black typeface or hand-printed in dark ink on 12 paper in a format approved by the commission or on forms provided by the 13 commission and that is filed with the commission. A municipal officer for a 14 municipality with a population of less than 15,000 shall submit information 15 required under this chapter either electronically or typed or hand-printed in the manner 16 described in this subsection. 17 * Sec. 61. AS 39.50.200(a)(10) is amended to read: 18 (10) "source of income" means the entity for which service is 19 performed or that is otherwise the origin of payment; if the person whose income is 20 being reported is employed by another, the employer is the source of income; but if 21 the person is self-employed by means of a sole proprietorship, partnership, limited 22 liability company, professional corporation, or a corporation in which the person, the 23 person's spouse or domestic partner, or the person's dependent children, or a 24 combination of them, hold a controlling interest, the "source" is the client or customer 25 of the proprietorship, partnership, limited liability company, or corporation, but, if 26 the entity that is the origin of payment is not the same as the client or customer for 27 whom the service is performed, both are considered the source. 28 * Sec. 62. AS 39.50.200(b) is amended by adding new paragraphs to read: 29 (59) Alaska Industrial Development and Export Authority (AS 44.88); 30 (60) the board of directors of the Knik Arm Bridge and Toll Authority 31 (AS 19.75.031 and 19.75.041);
01 (61) Alaska labor relations agency (AS 23.05.360 - 23.05.390); 02 (62) the Board of Trustees of the Alaska Mental Health Trust 03 Authority (AS 47.30.016); 04 (63) the board of directors of the Alaska Railroad Corporation 05 (AS 42.40.020 - 42.40.060). 06 * Sec. 63. AS 39.52.110 is amended by adding a new subsection to read: 07 (d) Stock or other ownership interest in a business is presumed insignificant if 08 the value of the stock or other ownership interest, including an option to purchase an 09 ownership interest, is less than $5,000. 10 * Sec. 64. AS 39.52.120(b) is amended to read: 11 (b) A public officer may not 12 (1) seek other employment or contracts through the use or attempted 13 use of official position; 14 (2) accept, receive, or solicit compensation for the performance of 15 official duties or responsibilities from a person other than the state; 16 (3) use state time, property, equipment, or other facilities to benefit 17 personal or financial interests; 18 (4) take or withhold official action in order to affect a matter in which 19 the public officer has a personal or financial interest; 20 (5) attempt to benefit a personal or financial interest through coercion 21 of a subordinate or require another public officer to perform services for the private 22 benefit of the public officer at any time; or 23 (6) use or authorize the use of state funds, facilities, equipment, 24 services, or another government asset or resource for partisan political purposes; this 25 paragraph does not prohibit use of the governor's residence for meetings to discuss 26 political strategy and does not prohibit use of state aircraft or the communications 27 equipment in the governor's residence so long as there is no [SPECIAL] charge to the 28 state for the use; in this paragraph, "for partisan political purposes" 29 (A) means having the intent to differentially benefit or harm a 30 (i) candidate or potential candidate for elective office; 31 or
01 (ii) political party or group; 02 (B) but does not include having the intent to benefit the public 03 interest at large through the normal performance of official duties. 04 * Sec. 65. AS 39.52.120 is amended by adding a new subsection to read: 05 (f) Use of state aircraft for partisan political purposes is permitted under (b) of 06 this section only when the use is collateral or incidental to the normal performance of 07 official duties and does not exceed 10 percent of the total of the use of the aircraft for 08 official purposes and partisan political purposes, combined, on a single trip. A public 09 officer who authorizes or makes any partisan political use of a state aircraft under (b) 10 of this section shall disclose the authorization and use under AS 39.52.210 or 11 39.52.220 for each trip, and the person who uses the aircraft shall reimburse the state 12 for the proportionate share of the actual cost of the use. 13 * Sec. 66. AS 39.52.130(a) is amended to read: 14 (a) A public officer may not solicit, accept, or receive, directly or indirectly, a 15 gift, whether in the form of money, service, loan, travel, entertainment, hospitality, 16 employment, promise, or in any other form, that is a benefit to the officer's personal or 17 financial interests, under circumstances in which it could reasonably be inferred that 18 the gift is intended to influence the performance of official duties, actions, or 19 judgment. A gift from a person required to register as a lobbyist under 20 AS 24.45.041 to a public officer or a public officer's immediate family member is 21 presumed to be intended to influence the performance of official duties, actions, 22 or judgment unless the giver is an immediate family member of the person 23 receiving the gift. 24 * Sec. 67. AS 39.52.180(a) is amended to read: 25 (a) A public officer who leaves state service may not, for two years after 26 leaving state service, represent, advise, or assist a person for compensation regarding a 27 matter that was under consideration by the administrative unit served by that public 28 officer, and in which the officer participated personally and substantially through the 29 exercise of official action. For the purposes of this subsection, "matter" includes a 30 case, proceeding, application, contract, [OR] determination, [BUT DOES NOT 31 INCLUDE THE] proposal or consideration of a legislative bill [BILLS], a resolution,
01 a [RESOLUTIONS AND] constitutional amendment [AMENDMENTS], or other 02 legislative measure, [MEASURES;] or [THE] proposal, consideration, or adoption of 03 an administrative regulation [REGULATIONS]. 04 * Sec. 68. AS 39.52.180(d) is amended to read: 05 (d) An individual who formerly held a position listed in this subsection [A 06 FORMER GOVERNOR, LIEUTENANT GOVERNOR, OR HEAD OF A 07 PRINCIPAL DEPARTMENT IN THE EXECUTIVE BRANCH] may not engage in 08 activity as a lobbyist under AS 24.45 for a period of one year after leaving that 09 position [SERVICE AS THE GOVERNOR, LIEUTENANT GOVERNOR, OR 10 DEPARTMENT HEAD, AS APPROPRIATE]. This subsection does not prohibit 11 service as a volunteer lobbyist described in AS 24.45.161(a)(1) or a representational 12 lobbyist as defined under regulations of the Alaska Public Offices Commission. This 13 subsection applies to the position of 14 (1) governor; 15 (2) lieutenant governor; 16 (3) head or deputy head of a principal department in the executive 17 branch; 18 (4) director of a division or legislative liaison within a principal 19 department in the executive branch; 20 (5) legislative liaison, administrative assistant, or other employee 21 of the Office of the Governor or Office of the Lieutenant Governor in a policy- 22 making position; 23 (6) member of a state board or commission that has the authority 24 to adopt regulations, other than a board or commission named in AS 08.01.010; 25 (7) member of the governing board and executive officer of a state 26 public corporation. 27 * Sec. 69. AS 39.52.180 is amended by adding new subsections to read: 28 (e) A former head of a principal department in the executive branch may not, 29 for a period of one year after leaving service as the head of that department, serve on 30 the governing board of a company, organization, or other entity that was regulated by 31 that department or with which the former department head worked as part of an
01 official duty as the department head. A former employee of the Office of the Governor 02 in a policy-making position may not, for a period of one year after leaving 03 employment in that office, serve on the governing board of a company, organization, 04 or other entity with which the former employee worked as part of an official duty for 05 the Office of the Governor. 06 (f) In this section, "employee of the Office of the Governor in a policy-making 07 position" means a person who is an employee required, because of the person's 08 position in the Office of the Governor, to file a statement under AS 39.50.020. 09 * Sec. 70. AS 39.52 is amended by adding a new section to read: 10 Sec. 39.52.225. Disclosures in connection with executive clemency. Before 11 granting executive clemency to an applicant for executive clemency, the governor 12 shall disclose in writing to the attorney general whether granting the clemency would 13 benefit a personal or financial interest of the governor. The attorney general shall 14 publish a written determination whether granting executive clemency to the applicant 15 would violate AS 39.52.110 - 39.52.190. The written determination of the attorney 16 general is not confidential, but information set out in that determination identifying a 17 person, other than the applicant for clemency, who is a victim or witness in a criminal 18 matter may not be made public. 19 * Sec. 71. AS 39.52.910 is amended by adding a new subsection to read: 20 (d) Nothing in this chapter 21 (1) supersedes AS 39.90.020; or 22 (2) precludes an immediate family member of a public employee from 23 employment in the same agency or administrative unit as that public employee, so 24 long as the public employee does not have authority to take or withhold official action 25 affecting the terms or conditions of the immediate family member's employment in a 26 manner that violates state law. 27 * Sec. 72. AS 39.52.960(14) is amended to read: 28 (14) "official action" means advice, participation, or assistance, 29 including, for example, a recommendation, decision, approval, disapproval, vote, or 30 other similar action, including inaction, by a public officer; 31 * Sec. 73. AS 44.62.330(a) is amended by adding a new paragraph to read:
01 (47) the Alaska Retirement Management Board for administration of 02 pension forfeitures under AS 37.10.310. 03 * Sec. 74. AS 24.60.037(d) and 24.60.080(k) are repealed. 04 * Sec. 75. The uncodified law of the State of Alaska is amended by adding a new section to 05 read: 06 APPLICABILITY. (a) AS 11.56.124, added by sec. 1 of this Act, and the amendment 07 of AS 11.56.130(1) made by sec. 2 of this Act apply to offenses occurring on or after the 08 effective date of secs. 1 and 2 of this Act. 09 (b) AS 39.52.180(a), as amended by sec. 67 of this Act, applies to a person who 10 leaves state service on or after the effective date of sec. 67 of this Act. 11 (c) AS 39.52.180(d), as amended by sec. 68 of this Act, applies to a person who 12 leaves service in a position described in AS 39.52.180(d), as amended by sec. 68 of this Act, 13 on or after the effective date of sec. 68 of this Act. 14 (d) AS 39.52.180(e) and (f), as added by sec. 69 of this Act, apply to a department 15 head or employee of the Office of the Governor who is required to file a statement under 16 AS 39.50.020 who leaves employment as a department head or employee of the Office of the 17 Governor who is required to file a statement under AS 39.50.020 on or after the effective date 18 of sec. 69 of this Act. 19 (e) Notwithstanding AS 24.60.150(a), as amended by sec. 38 of this Act, the Select 20 Committee on Legislative Ethics is required to offer only one type of ethics course in 2008, 21 and all legislators, legislative employees, and public members of the committee shall attend as 22 required by AS 24.60.155, as added by sec. 39 of this Act. 23 * Sec. 76. The uncodified law of the State of Alaska is amended by adding a new section to 24 read: 25 APPLICABILITY TO ELECTED PUBLIC OFFICERS' RETIREMENT SYSTEM. 26 The provisions of AS 37.10.310, added by sec. 50 of this Act, apply to benefits under former 27 AS 39.37 (elected public officers' retirement system). 28 * Sec. 77. Sections 8, 45, and 60 of this Act take effect January 1, 2009. 29 * Sec. 78. Section 59 of this Act takes effect July 1, 2007. 30 * Sec. 79. Except as provided in secs. 77 and 78 of this Act, this Act takes effect 31 immediately under AS 01.10.070(c).