CSHB 281(JUD): "An Act relating to the preservation of records required to be kept by 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; relating to complaints filed with the Select Committee on Legislative Ethics; relating to administrative complaints filed with the Alaska Public Offices Commission; relating to the statute of limitations for civil actions brought under AS 39.50; extending the statute of limitations for prosecutions of violations of the Alaska Election Code; and providing for an effective date."
00 CS FOR HOUSE BILL NO. 281(JUD) 01 "An Act relating to the preservation of records required to be kept by candidates, 02 groups, nongroup entities, or persons under AS 15.13; relating to records required to be 03 kept by certain lobbyists and persons who employ, retain, or contract for the services of 04 lobbyists; relating to complaints filed with the Select Committee on Legislative Ethics; 05 relating to administrative complaints filed with the Alaska Public Offices Commission; 06 relating to the statute of limitations for civil actions brought under AS 39.50; extending 07 the statute of limitations for prosecutions of violations of the Alaska Election Code; 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 is amended by adding a new section to read: 11 Sec. 15.13.111. Preservation of records. (a) Each candidate, group, nongroup 12 entity, or person required to report under this chapter shall preserve all records
01 necessary to substantiate information required to be reported under this chapter for a 02 period of six years from the date of the election for which the information was 03 required to be reported, unless the records have been submitted to the commission 04 under (c) of this section. 05 (b) Information preserved under (a) of this section must be made available for 06 inspection by the commission. 07 (c) A candidate for state elected office who was not elected or a person who 08 has left state elected office may submit the records required to be preserved under (a) 09 of this section to the commission electronically. Records submitted under this 10 subsection shall be preserved by the commission for a period of six years from the 11 date of the election for which the information was required to be reported. 12 * Sec. 2. AS 15.13.380(b) is amended to read: 13 (b) A [MEMBER OF THE COMMISSION, THE COMMISSION'S 14 EXECUTIVE DIRECTOR, OR A] person who believes a violation of this chapter or a 15 regulation adopted under this chapter has occurred or is occurring may file an 16 administrative complaint with the commission within five years [ONE YEAR] after 17 the date of the alleged violation. If a member of the commission has filed the 18 complaint, that member may not participate as a commissioner in any proceeding of 19 the commission with respect to the complaint. The commission may consider a 20 complaint on an expedited basis or a regular basis. The time limitations of this 21 subsection do not bar proceedings against a person who intentionally prevents 22 discovery of a violation of this chapter. 23 * Sec. 3. AS 24.45.111(a) is amended to read: 24 (a) A person required to register or report as a lobbyist or as a person who 25 employs, retains, or contracts for the services of a lobbyist shall preserve all 26 accounts, bills, receipts, books, papers, and documents necessary to substantiate the 27 reports required to be made and filed under this chapter for a period of at least six 28 years [ONE YEAR] from the date of the filing of the report containing these items. 29 These accounts, bills, receipts, books, papers, and other documents shall be made 30 available for inspection by the commission, or members of its staff, at any time. If a 31 lobbyist is required under the terms of the lobbyist's employment contract to turn any
01 records over to the employer, responsibility for the preservation of these records under 02 this section rests with the employer. 03 * Sec. 4. AS 24.45.131(a) is amended to read: 04 (a) The commission or its staff shall examine each statement or report filed 05 under this chapter within 10 days after the date it is filed. A person required to file a 06 statement or report under this chapter shall be notified immediately if 07 (1) it appears that the person has failed to file a statement or report as 08 required by law or that the statement or report filed does not conform to the 09 requirements of this chapter; or 10 (2) a written complaint is filed with the commission by any person 11 [QUALIFIED VOTER] alleging that a statement or report filed with the commission 12 does not conform to the requirements of this chapter, or to the truth, or that a person 13 subject to the provisions of this chapter has failed to file a statement or report in the 14 manner prescribed by this chapter. 15 * Sec. 5. AS 24.45.131 is amended by adding a new subsection to read: 16 (d) If a member of the commission files a complaint, that member of the 17 commission may not participate in any proceeding of the commission relating to the 18 complaint. 19 * Sec. 6. AS 24.45 is amended by adding a new section to read: 20 Sec. 24.45.135. Administrative complaints. (a) A person may file a written 21 complaint alleging that a violation of AS 24.45.121 - 24.45.171 has occurred or is 22 occurring. 23 (b) Complaints filed under (a) of this section must be filed within five years 24 after the date of the alleged violation. 25 * Sec. 7. AS 24.60.170(a) is amended to read: 26 (a) The committee shall consider a complaint alleging a violation of this 27 chapter if the alleged violation occurred within five [TWO] years before the date that 28 the complaint is filed with the committee [AND, WHEN THE SUBJECT OF THE 29 COMPLAINT IS A FORMER MEMBER OF THE LEGISLATURE, THE 30 COMPLAINT IS FILED WITHIN ONE YEAR AFTER THE SUBJECT'S 31 DEPARTURE FROM THE LEGISLATURE]. The committee may not consider a
01 complaint filed against all members of the legislature, against all members of one 02 house of the legislature, or against a person employed by the legislative branch of 03 government after the person has terminated legislative service. However, the 04 committee may reinstitute proceedings concerning a complaint that was closed 05 because a former employee terminated legislative service [OR BECAUSE A 06 LEGISLATOR LEFT THE LEGISLATURE] if the former employee [OR 07 LEGISLATOR] resumes legislative service, whether as an employee or a legislator, 08 within five [TWO] years after the alleged violation. The time limitations of this 09 subsection do not bar proceedings against a person who intentionally prevents 10 discovery of a violation of this chapter. 11 * Sec. 8. AS 24.60 is amended by adding a new section to read: 12 Sec. 24.60.255. Administrative complaints. (a) A person may file a written 13 complaint alleging a violation of AS 24.60.200 - 24.60.260 has occurred or is 14 occurring. 15 (b) Complaints filed under (a) of this section must be filed within five years 16 after the date of the alleged violation. 17 (c) If a member of the Alaska Public Offices Commission files a complaint, 18 that member of the commission may not participate in any proceeding of the 19 commission relating to the complaint. 20 * Sec. 9. AS 39.50 is amended by adding a new section to read: 21 Sec. 39.50.055. Administrative complaints. (a) A person may file a written 22 complaint alleging a violation of this chapter has occurred or is occurring. 23 (b) Complaints filed under (a) of this section must be filed within five years 24 after the date of the alleged violation. 25 (c) If a member of the Alaska Public Offices Commission files a complaint, 26 that member of the commission may not participate in any proceeding of the 27 commission relating to the complaint. 28 * Sec. 10. AS 39.50.100 is amended by adding a new subsection to read: 29 (b) An action brought under (a) of this section must be brought within five 30 years after the date of the alleged violation. 31 * Sec. 11. AS 15.56.130 is repealed.
01 * Sec. 12. The uncodified law of the State of Alaska is amended by adding a new section to 02 read: 03 APPLICABILITY. (a) AS 15.13.380(b), as amended by sec. 2 of this Act, applies to 04 administrative complaints alleging violations of AS 15.13 or the regulations adopted under 05 that chapter that occurred 06 (1) within one year before the effective date of sec. 2 of this Act; or 07 (2) on or after the effective date of sec. 2 of this Act. 08 (b) AS 15.13.111, added by sec. 1 of this Act, applies to records for elections on or 09 after the effective date of sec. 1 of this Act. 10 (c) AS 24.45.111(a), as amended by sec. 3 of this Act, applies to reports required to 11 be made and filed on or after the effective date of sec. 3 of this Act. 12 (d) AS 24.45.135, added by sec. 6 of this Act, applies to complaints alleging 13 violations of AS 24.45.121 - 24.45.171 that occur on or after the effective date of sec. 6 of this 14 Act. 15 (e) AS 24.60.170(a), as amended by sec. 7 of this Act, applies to complaints alleging 16 violations of AS 24.60 that occurred 17 (1) within two years before the effective date of sec. 7 of this Act; or 18 (2) on or after the effective date of sec. 7 this Act. 19 (f) AS 24.60.255, added by sec. 8 of this Act, applies to complaints alleging 20 violations of AS 24.60.200 - 24.60.260 that occur on or after the effective date of sec. 8 of this 21 Act. 22 (g) AS 39.50.055, added by sec. 9 of this Act, applies to complaints alleging a 23 violation of AS 39.50 on or after the effective date of sec. 9 of this Act. 24 (h) AS 39.50.100, as amended by sec. 10 of this Act, applies to actions alleging 25 violations of AS 39.50 that occur on or after the effective date of sec. 10 of this Act. 26 (i) The change in the time limitation for prosecutions for offenses described in 27 AS 15.05 - AS 15.60 (Alaska Election Code) made by sec. 11 of this Act applies to 28 (1) offenses committed in connection with an election occurring within one 29 year before the effective date of this Act; or 30 (2) offenses committed on or after the effective date of this Act. 31 * Sec. 13. The uncodified law of the State of Alaska is amended by adding a new section to
01 read: 02 TRANSITION: REGULATIONS. The Alaska Public Offices Commission may 03 immediately adopt regulations as are necessary to implement the changes made by this Act. 04 The regulations take effect under AS 44.62 (Administrative Procedure Act), but not before 05 January 1, 2009. 06 * Sec. 14. Section 13 of this Act takes effect immediately under AS 01.10.070(c). 07 * Sec. 15. Except as provided in sec. 14 of this Act, this Act takes effect January 1, 2009.