CSHB 281(FIN): "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; requiring the disclosure of the identity of certain candidates, groups, nongroup entities, and persons paying for certain polls mentioning the name of a political party or the names of certain candidates for state or municipal office; and providing for an effective date."
00 CS FOR HOUSE BILL NO. 281(FIN) 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; 08 requiring the disclosure of the identity of certain candidates, groups, nongroup entities, 09 and persons paying for certain polls mentioning the name of a political party or the 10 names of certain candidates for state or municipal office; and providing for an effective 11 date." 12 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA:
01 * Section 1. AS 15.13 is amended by adding a new section to read: 02 Sec. 15.13.092. Identification of certain polls. (a) All opinion polls that 03 mention a candidate in an election occurring under this chapter or that mention a 04 political party in the 60 days preceding an election, must clearly identify the name of 05 any candidate, group, nongroup entity, or person paying for the poll, in whole or in 06 part, followed by the words "This poll is paid for by persons interested in the outcome 07 of the election." 08 (b) The person conducting the poll must provide a toll-free or local telephone 09 number that can be called to obtain the information in this section. 10 * Sec. 2. 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 13 necessary to substantiate information required to be reported under this chapter for a 14 period of six years from the date of the election for which the information was 15 required to be reported, unless the records have been submitted to the commission 16 under (c) of this section. 17 (b) Information preserved under (a) of this section must be made available for 18 inspection by the commission. 19 (c) A candidate for state elected office who was not elected or a person who 20 has left state elected office may submit the records required to be preserved under (a) 21 of this section to the commission electronically. Records submitted under this 22 subsection shall be preserved by the commission for a period of six years from the 23 date of the election for which the information was required to be reported. 24 * Sec. 3. AS 15.13.380(b) is amended to read: 25 (b) A [MEMBER OF THE COMMISSION, THE COMMISSION'S 26 EXECUTIVE DIRECTOR, OR A] person who believes a violation of this chapter or a 27 regulation adopted under this chapter has occurred or is occurring may file an 28 administrative complaint with the commission within five years [ONE YEAR] after 29 the date of the alleged violation. If a member of the commission has filed the 30 complaint, that member may not participate as a commissioner in any proceeding of 31 the commission with respect to the complaint. The commission may consider a
01 complaint on an expedited basis or a regular basis. The time limitations of this 02 subsection do not bar proceedings against a person who intentionally prevents 03 discovery of a violation of this chapter. 04 * Sec. 4. AS 24.45.111(a) is amended to read: 05 (a) A person required to register or report as a lobbyist or as a person who 06 employs, retains, or contracts for the services of a lobbyist shall preserve all 07 accounts, bills, receipts, books, papers, and documents necessary to substantiate the 08 reports required to be made and filed under this chapter for a period of at least six 09 years [ONE YEAR] from the date of the filing of the report containing these items. 10 These accounts, bills, receipts, books, papers, and other documents shall be made 11 available for inspection by the commission, or members of its staff, at any time. If a 12 lobbyist is required under the terms of the lobbyist's employment contract to turn any 13 records over to the employer, responsibility for the preservation of these records under 14 this section rests with the employer. 15 * Sec. 5. AS 24.45.131(a) is amended to read: 16 (a) The commission or its staff shall examine each statement or report filed 17 under this chapter within 10 days after the date it is filed. A person required to file a 18 statement or report under this chapter shall be notified immediately if 19 (1) it appears that the person has failed to file a statement or report as 20 required by law or that the statement or report filed does not conform to the 21 requirements of this chapter; or 22 (2) a written complaint is filed with the commission by any person 23 [QUALIFIED VOTER] alleging that a statement or report filed with the commission 24 does not conform to the requirements of this chapter, or to the truth, or that a person 25 subject to the provisions of this chapter has failed to file a statement or report in the 26 manner prescribed by this chapter. 27 * Sec. 6. AS 24.45.131 is amended by adding a new subsection to read: 28 (d) If a member of the commission files a complaint, that member of the 29 commission may not participate in any proceeding of the commission relating to the 30 complaint. 31 * Sec. 7. AS 24.45 is amended by adding a new section to read:
01 Sec. 24.45.135. Administrative complaints. (a) A person may file a written 02 complaint alleging that a violation of AS 24.45.121 - 24.45.171 has occurred or is 03 occurring. 04 (b) Complaints filed under (a) of this section must be filed within five years 05 after the date of the alleged violation. 06 * Sec. 8. AS 24.60.170(a) is amended to read: 07 (a) The committee shall consider a complaint alleging a violation of this 08 chapter if the alleged violation occurred within five [TWO] years before the date that 09 the complaint is filed with the committee [AND, WHEN THE SUBJECT OF THE 10 COMPLAINT IS A FORMER MEMBER OF THE LEGISLATURE, THE 11 COMPLAINT IS FILED WITHIN ONE YEAR AFTER THE SUBJECT'S 12 DEPARTURE FROM THE LEGISLATURE]. The committee may not consider a 13 complaint filed against all members of the legislature, against all members of one 14 house of the legislature, or against a person employed by the legislative branch of 15 government after the person has terminated legislative service. However, the 16 committee may reinstitute proceedings concerning a complaint that was closed 17 because a former employee terminated legislative service [OR BECAUSE A 18 LEGISLATOR LEFT THE LEGISLATURE] if the former employee [OR 19 LEGISLATOR] resumes legislative service, whether as an employee or a legislator, 20 within five [TWO] years after the alleged violation. 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. 9. AS 24.60 is amended by adding a new section to read: 24 Sec. 24.60.255. Administrative complaints. (a) A person may file a written 25 complaint alleging a violation of AS 24.60.200 - 24.60.260 has occurred or is 26 occurring. 27 (b) Complaints filed under (a) of this section must be filed within five years 28 after the date of the alleged violation. 29 (c) If a member of the Alaska Public Offices Commission files a complaint, 30 that member of the commission may not participate in any proceeding of the 31 commission relating to the complaint.
01 * Sec. 10. AS 39.50 is amended by adding a new section to read: 02 Sec. 39.50.055. Administrative complaints. (a) A person may file a written 03 complaint alleging a violation of this chapter has occurred or is occurring. 04 (b) Complaints filed under (a) of this section must be filed within five years 05 after the date of the alleged violation. 06 (c) If a member of the Alaska Public Offices Commission files a complaint, 07 that member of the commission may not participate in any proceeding of the 08 commission relating to the complaint. 09 * Sec. 11. 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. 12. AS 15.56.130 is repealed. 13 * Sec. 13. The uncodified law of the State of Alaska is amended by adding a new section to 14 read: 15 APPLICABILITY. (a) AS 15.13.380(b), as amended by sec. 3 of this Act, applies to 16 administrative complaints alleging violations of AS 15.13 or the regulations adopted under 17 that chapter that occurred 18 (1) within one year before the effective date of sec. 3 of this Act; or 19 (2) on or after the effective date of sec. 3 of this Act. 20 (b) AS 15.13.111, added by sec. 2 of this Act, applies to records for elections on or 21 after the effective date of sec. 2 of this Act. 22 (c) AS 24.45.111(a), as amended by sec. 4 of this Act, applies to reports required to 23 be made and filed on or after the effective date of sec. 4 of this Act. 24 (d) AS 24.45.135, added by sec. 7 of this Act, applies to complaints alleging 25 violations of AS 24.45.121 - 24.45.171 that occur on or after the effective date of sec. 7 of this 26 Act. 27 (e) AS 24.60.170(a), as amended by sec. 8 of this Act, applies to complaints alleging 28 violations of AS 24.60 that occurred 29 (1) within two years before the effective date of sec. 8 of this Act; or 30 (2) on or after the effective date of sec. 8 this Act. 31 (f) AS 24.60.255, added by sec. 9 of this Act, applies to complaints alleging
01 violations of AS 24.60.200 - 24.60.260 that occur on or after the effective date of sec. 9 of this 02 Act. 03 (g) AS 39.50.055, added by sec. 10 of this Act, applies to complaints alleging a 04 violation of AS 39.50 on or after the effective date of sec. 10 of this Act. 05 (h) AS 39.50.100, as amended by sec. 11 of this Act, applies to actions alleging 06 violations of AS 39.50 that occur on or after the effective date of sec. 11 of this Act. 07 (i) The change in the time limitation for prosecutions for offenses described in 08 AS 15.05 - AS 15.60 (Alaska Election Code) made by sec. 12 of this Act applies to 09 (1) offenses committed in connection with an election occurring within one 10 year before the effective date of this Act; or 11 (2) offenses committed on or after the effective date of sec. 12 of this Act. 12 * Sec. 14. The uncodified law of the State of Alaska is amended by adding a new section to 13 read: 14 TRANSITION: REGULATIONS. The Alaska Public Offices Commission may 15 immediately adopt regulations as are necessary to implement the changes made by this Act. 16 The regulations take effect under AS 44.62 (Administrative Procedure Act), but not before 17 January 1, 2009. 18 * Sec. 15. Section 14 of this Act takes effect immediately under AS 01.10.070(c). 19 * Sec. 16. Except as provided in sec. 15 of this Act, this Act takes effect January 1, 2009.