CSHB 281(STA): "An Act relating to the Alaska Public Offices Commission; relating to the Select Committee on Legislative Ethics; relating to public officials' financial disclosure; relating to certain records required to be kept by businesses, persons, or groups that provide certain services, facilities, or supplies to a candidate or group involved in a state election; relating to records of the reports required of candidates, groups, nongroup entities, or persons under AS 15.13; relating to records required to be kept by certain lobbyists and persons who employ, retain, or contract for the services of lobbyists; and providing for an effective date."
00 CS FOR HOUSE BILL NO. 281(STA) 01 "An Act relating to the Alaska Public Offices Commission; relating to the Select 02 Committee on Legislative Ethics; relating to public officials' financial disclosure; 03 relating to certain records required to be kept by businesses, persons, or groups that 04 provide certain services, facilities, or supplies to a candidate or group involved in a state 05 election; relating to records of the reports required of candidates, groups, nongroup 06 entities, or persons under AS 15.13; relating to records required to be kept by certain 07 lobbyists and persons who employ, retain, or contract for the services of lobbyists; and 08 providing for an effective date." 09 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 10 * Section 1. AS 15.13.040(f) is amended to read: 11 (f) All [DURING EACH YEAR IN WHICH AN ELECTION OCCURS, 12 ALL] businesses, persons, or groups that furnish any of the following services,
01 facilities, or supplies to a candidate or group shall maintain a record of each 02 transaction for a period of six years from the date of the election: newspapers, 03 radio, television, advertising, advertising agency services, accounting, billboards, 04 printing, secretarial, public opinion polls, or research and professional campaign 05 consultation or management, media production or preparation, or computer services. 06 Records of provision of services, facilities, or supplies shall be available for inspection 07 by the commission. 08 * Sec. 2. AS 15.13 is amended by adding a new section to read: 09 Sec. 15.13.111. Preservation of records. (a) Each candidate, group, nongroup 10 entity, or person required to report under this chapter shall preserve all records 11 necessary to substantiate information required to be reported under this chapter for a 12 period of six years from the date of the election for which the information was 13 required to be reported. 14 (b) Information preserved under (a) of this section must be made available for 15 inspection by the commission. 16 * Sec. 3. AS 15.13.380(b) is amended to read: 17 (b) A member of the commission, the commission's executive director, or a 18 registered voter [PERSON] who believes a violation of this chapter or a regulation 19 adopted under this chapter has occurred or is occurring may file an administrative 20 complaint with the commission within five years [ONE YEAR] after the date of the 21 alleged violation. If a member of the commission has filed the complaint, that member 22 may not participate as a commissioner in any proceeding of the commission with 23 respect to the complaint. The commission may consider a complaint on an expedited 24 basis or a regular basis. The time limitations of this subsection do not bar 25 proceedings against a person who intentionally prevents discovery of a violation 26 of this chapter. 27 * Sec. 4. AS 24.45.111(a) is amended to read: 28 (a) A person required to register or report as a lobbyist or as a person who 29 employs, retains, or contracts for the services of a lobbyist shall preserve all 30 accounts, bills, receipts, books, papers, and documents necessary to substantiate the 31 reports required to be made and filed under this chapter for a period of at least six
01 years [ONE YEAR] from the date of the filing of the report containing these items. 02 These accounts, bills, receipts, books, papers, and other documents shall be made 03 available for inspection by the commission, or members of its staff, at any time. If a 04 lobbyist is required under the terms of the lobbyist's employment contract to turn any 05 records over to the employer, responsibility for the preservation of these records under 06 this section rests with the employer. 07 * Sec. 5. AS 24.45.131(a) is amended to read: 08 (a) The commission or its staff shall examine each statement or report filed 09 under this chapter within 10 days after the date it is filed. A person required to file a 10 statement or report under this chapter shall be notified immediately if 11 (1) it appears that the person has failed to file a statement or report as 12 required by law or that the statement or report filed does not conform to the 13 requirements of this chapter; or 14 (2) a written complaint is filed with the commission by any registered 15 [QUALIFIED] voter alleging that a statement or report filed with the commission does 16 not conform to the requirements of this chapter, or to the truth, or that a person subject 17 to the provisions of this chapter has failed to file a statement or report in the manner 18 prescribed by this chapter. 19 * Sec. 6. AS 24.45.131 is amended by adding a new subsection to read: 20 (d) If a member of the commission or a member of its staff files a complaint, 21 that member of the commission or member of its staff may not participate in any 22 proceeding of the commission relating to the complaint. 23 * Sec. 7. AS 24.45 is amended by adding a new section to read: 24 Sec. 24.45.135. Administrative complaints. (a) A registered voter, including 25 a member of the commission or the commission's executive director, may file a 26 written complaint alleging that a violation of AS 24.45.121 - 24.45.171 has occurred 27 or is occurring. 28 (b) Complaints filed under (a) of this section must be filed within five years 29 after the date of the alleged violation. 30 * Sec. 8. AS 24.60.170(a) is amended to read: 31 (a) The committee shall consider a complaint alleging a violation of this
01 chapter if the alleged violation occurred within five [TWO] years before the date that 02 the complaint is filed with the committee [AND, WHEN THE SUBJECT OF THE 03 COMPLAINT IS A FORMER MEMBER OF THE LEGISLATURE, THE 04 COMPLAINT IS FILED WITHIN ONE YEAR AFTER THE SUBJECT'S 05 DEPARTURE FROM THE LEGISLATURE]. The committee may not consider a 06 complaint filed against all members of the legislature, against all members of one 07 house of the legislature, or against a person employed by the legislative branch of 08 government after the person has terminated legislative service. However, the 09 committee may reinstitute proceedings concerning a complaint that was closed 10 because a former employee terminated legislative service [OR BECAUSE A 11 LEGISLATOR LEFT THE LEGISLATURE] if the former employee [OR 12 LEGISLATOR] resumes legislative service, whether as an employee or a legislator, 13 within five [TWO] years after the alleged violation. The time limitations of this 14 subsection do not bar proceedings against a person who intentionally prevents 15 discovery of a violation of this chapter. 16 * Sec. 9. AS 24.60 is amended by adding a new section to read: 17 Sec. 24.60.255. Administrative complaints. (a) A registered voter, including 18 a member of the Alaska Public Offices Commission or the commission's executive 19 director, may file a written complaint alleging a violation of AS 24.60.200 - 24.60.260 20 has occurred or is occurring. 21 (b) Complaints filed under (a) of this section must be filed within five years 22 after the date of the alleged violation. 23 (c) If a member of the Alaska Public Offices Commission or a member of its 24 staff files a complaint, that member of the commission or member of its staff may not 25 participate in any proceeding of the commission relating to the complaint. 26 * Sec. 10. AS 39.50 is amended by adding a new section to read: 27 Sec. 39.50.055. Administrative complaints. (a) A registered voter, including 28 a member of the Alaska Public Offices Commission or the commission's executive 29 director, may file a written complaint alleging a violation of this chapter has occurred 30 or is occurring. 31 (b) Complaints filed under (a) of this section must be filed within five years
01 after the date of the alleged violation. 02 (c) If a member of the Alaska Public Offices Commission or a member of its 03 staff files a complaint, that member of the commission or member of its staff may not 04 participate in any proceeding of the commission relating to the complaint. 05 * Sec. 11. AS 39.50.100 is amended to read: 06 Sec. 39.50.100. Enforcement by private citizens. A registered 07 [QUALIFIED] Alaska voter may bring a civil action to enforce any of the sections of 08 this chapter. 09 * Sec. 12. AS 39.50.100 is amended by adding a new subsection to read: 10 (b) An action brought under (a) of this section must be brought within five 11 years after the date of the alleged violation. 12 * Sec. 13. The uncodified law of the State of Alaska is amended by adding a new section to 13 read: 14 APPLICABILITY. (a) AS 15.13.040(f), as amended by sec. 1 of this Act, applies to 15 records of transactions made on or after the effective date of sec. 1 of this Act. 16 (b) AS 15.13.380(b), as amended by sec. 3 of this Act, applies to administrative 17 complaints alleging violations of AS 15.13 or the regulations adopted under that chapter that 18 occurred 19 (1) within one year before the effective date of sec. 3 of this Act; or 20 (2) on or after the effective date of sec. 3 of this Act. 21 (c) AS 15.13.111, added by sec. 2 of this Act, applies to records for elections on or 22 after the effective date of sec. 2 of this Act. 23 (d) AS 24.45.111(a), as amended by sec. 4 of this Act, applies to reports required to 24 be made and filed on or after the effective date of sec. 4 of this Act. 25 (e) AS 24.45.135, added by sec. 7 of this Act, applies to complaints alleging 26 violations of AS 24.45.121 - 24.45.171 that occur on or after the effective date of sec. 7 of this 27 Act. 28 (f) AS 24.60.170(a), as amended by sec. 8 of this Act, applies to complaints alleging 29 violations of AS 24.60 that occurred 30 (1) within two years before the effective date of sec. 8 of this Act; or 31 (2) on or after the effective date of sec. 8 this Act.
01 (g) AS 24.60.255, added by sec. 9 of this Act, applies to complaints alleging 02 violations of AS 24.60.200 - 24.60.260 that occur on or after the effective date of sec. 9 of this 03 Act. 04 (h) AS 39.50.055, added by sec. 10 of this Act, applies to complaints alleging a 05 violation of AS 39.50 on or after the effective date of sec. 10 of this Act. 06 (i) AS 39.50.100, as amended by secs. 11 and 12 of this Act, applies to actions 07 alleging violations of AS 39.50 that occur on or after the effective date of secs. 11 and 12 of 08 this Act. 09 * Sec. 14. The uncodified law of the State of Alaska is amended by adding a new section to 10 read: 11 TRANSITION: REGULATIONS. The Alaska Public Offices Commission may 12 immediately adopt regulations as are necessary to implement the changes made by this Act. 13 The regulations take effect under AS 44.62 (Administrative Procedure Act), but not before 14 January 1, 2009. 15 * Sec. 15. Section 14 of this Act takes effect immediately under AS 01.10.070(c). 16 * Sec. 16. Except as provided in sec. 15 of this Act, this Act takes effect January 1, 2009.