SCS CSHB 281(FIN): "An Act requiring candidates to disclose certain information about all contributors under AS 15.13; 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 SENATE CS FOR CS FOR HOUSE BILL NO. 281(FIN) 01 "An Act requiring candidates to disclose certain information about all contributors 02 under AS 15.13; relating to the preservation of records required to be kept by 03 candidates, groups, nongroup entities, or persons under AS 15.13; relating to records 04 required to be kept by certain lobbyists and persons who employ, retain, or contract for 05 the services of lobbyists; relating to complaints filed with the Select Committee on 06 Legislative Ethics; relating to administrative complaints filed with the Alaska Public 07 Offices Commission; relating to the statute of limitations for civil actions brought under 08 AS 39.50; extending the statute of limitations for prosecutions of violations of the Alaska 09 Election Code; and providing for an effective date." 10 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 11 * Section 1. AS 15.13.040(a) is amended to read: 12 (a) Except as provided in (g) and (l) of this section, each candidate shall make
01 a full report, upon a form prescribed by the commission, 02 (1) listing 03 (A) the date and amount of all expenditures made by the 04 candidate; 05 (B) the total amount of all contributions, including all funds 06 contributed by the candidate; 07 (C) the name, address, date, and amount contributed by each 08 contributor; and 09 (D) for contributions in excess of $50 [$250] in the aggregate 10 during a calendar year, the principal occupation and employer of the 11 contributor; and 12 (2) filed in accordance with AS 15.13.110 and certified correct by the 13 candidate or campaign treasurer. 14 * Sec. 2. AS 15.13 is amended by adding a new section to read: 15 Sec. 15.13.111. Preservation of records. (a) Each candidate, group, nongroup 16 entity, or person required to report under this chapter shall preserve all records 17 necessary to substantiate information required to be reported under this chapter for a 18 period of six years from the date of the election for which the information was 19 required to be reported, unless the records have been submitted to the commission 20 under (c) of this section. 21 (b) Information preserved under (a) of this section must be made available for 22 inspection by the commission. 23 (c) A candidate for state elected office who was not elected or a person who 24 has left state elected office may submit the records required to be preserved under (a) 25 of this section to the commission electronically. Records submitted under this 26 subsection shall be preserved by the commission for a period of six years from the 27 date of the election for which the information was required to be reported. 28 * Sec. 3. AS 15.13.380(b) is amended to read: 29 (b) A [MEMBER OF THE COMMISSION, THE COMMISSION'S 30 EXECUTIVE DIRECTOR, OR A] person who believes a violation of this chapter or a 31 regulation adopted under this chapter has occurred or is occurring may file an
01 administrative complaint with the commission within five years [ONE YEAR] after 02 the date of the alleged violation. If a member of the commission has filed the 03 complaint, that member may not participate as a commissioner in any proceeding of 04 the commission with respect to the complaint. The commission may consider a 05 complaint on an expedited basis or a regular basis. 06 * Sec. 4. AS 24.45.111(a) is amended to read: 07 (a) A person required to register or report as a lobbyist or as a person who 08 employs, retains, or contracts for the services of a lobbyist shall preserve all 09 accounts, bills, receipts, books, papers, and documents necessary to substantiate the 10 reports required to be made and filed under this chapter for a period of at least six 11 years [ONE YEAR] from the date of the filing of the report containing these items. 12 These accounts, bills, receipts, books, papers, and other documents shall be made 13 available for inspection by the commission, or members of its staff, at any time. If a 14 lobbyist is required under the terms of the lobbyist's employment contract to turn any 15 records over to the employer, responsibility for the preservation of these records under 16 this section rests with the employer. 17 * Sec. 5. AS 24.45.131(a) is amended to read: 18 (a) The commission or its staff shall examine each statement or report filed 19 under this chapter within 10 days after the date it is filed. A person required to file a 20 statement or report under this chapter shall be notified immediately if 21 (1) it appears that the person has failed to file a statement or report as 22 required by law or that the statement or report filed does not conform to the 23 requirements of this chapter; or 24 (2) a written complaint is filed with the commission by any person 25 [QUALIFIED VOTER] alleging that a statement or report filed with the commission 26 does not conform to the requirements of this chapter, or to the truth, or that a person 27 subject to the provisions of this chapter has failed to file a statement or report in the 28 manner prescribed by this chapter. 29 * Sec. 6. AS 24.45.131 is amended by adding a new subsection to read: 30 (d) If a member of the commission files a complaint, that member of the 31 commission may not participate in any proceeding of the commission relating to the
01 complaint. 02 * Sec. 7. AS 24.45 is amended by adding a new section to read: 03 Sec. 24.45.135. Administrative complaints. (a) A person may file a written 04 complaint alleging that a violation of AS 24.45.121 - 24.45.171 has occurred or is 05 occurring. 06 (b) Complaints filed under (a) of this section must be filed within five years 07 after the date of the alleged violation. 08 * Sec. 8. AS 24.60.170(a) is amended to read: 09 (a) The committee shall consider a complaint alleging a violation of this 10 chapter if the alleged violation occurred within five [TWO] years before the date that 11 the complaint is filed with the committee [AND, WHEN THE SUBJECT OF THE 12 COMPLAINT IS A FORMER MEMBER OF THE LEGISLATURE, THE 13 COMPLAINT IS FILED WITHIN ONE YEAR AFTER THE SUBJECT'S 14 DEPARTURE FROM THE LEGISLATURE]. The committee may not consider a 15 complaint filed against all members of the legislature, against all members of one 16 house of the legislature, or against a person employed by the legislative branch of 17 government after the person has terminated legislative service. However, the 18 committee may reinstitute proceedings concerning a complaint that was closed 19 because a former employee terminated legislative service [OR BECAUSE A 20 LEGISLATOR LEFT THE LEGISLATURE] if the former employee [OR 21 LEGISLATOR] resumes legislative service, whether as an employee or a legislator, 22 within five [TWO] years after the alleged violation. [THE TIME LIMITATIONS OF 23 THIS SUBSECTION DO NOT BAR PROCEEDINGS AGAINST A PERSON WHO 24 INTENTIONALLY PREVENTS DISCOVERY OF A VIOLATION OF THIS 25 CHAPTER.] 26 * Sec. 9. AS 24.60 is amended by adding a new section to read: 27 Sec. 24.60.255. Administrative complaints. (a) A person may file a written 28 complaint alleging a violation of AS 24.60.200 - 24.60.260 has occurred or is 29 occurring. 30 (b) Complaints filed under (a) of this section must be filed within five years 31 after the date of the alleged violation.
01 (c) If a member of the Alaska Public Offices Commission files a complaint, 02 that member of the commission may not participate in any proceeding of the 03 commission relating to the complaint. 04 * Sec. 10. AS 39.50 is amended by adding a new section to read: 05 Sec. 39.50.055. Administrative complaints. (a) A person may file a written 06 complaint alleging a violation of this chapter has occurred or is occurring. 07 (b) Complaints filed under (a) of this section must be filed within five years 08 after the date of the alleged violation. 09 (c) If a member of the Alaska Public Offices Commission files a complaint, 10 that member of the commission may not participate in any proceeding of the 11 commission relating to the complaint. 12 * Sec. 11. AS 39.50.100 is amended by adding a new subsection to read: 13 (b) An action brought under (a) of this section must be brought within five 14 years after the date of the alleged violation. 15 * Sec. 12. AS 15.56.130 is repealed. 16 * Sec. 13. The uncodified law of the State of Alaska is amended by adding a new section to 17 read: 18 APPLICABILITY. (a) AS 15.13.111, added by sec. 2 of this Act, applies to records 19 for elections on or after the effective date of sec. 2 of this Act. 20 (b) AS 15.13.380(b), as amended by sec. 3 of this Act, applies to administrative 21 complaints alleging violations of AS 15.13 or the regulations adopted under that chapter that 22 occurred 23 (1) within one year before the effective date of sec. 3 of this Act; or 24 (2) on or after the effective date of sec. 3 of this Act. 25 (c) AS 24.45.111(a), as amended by sec. 4 of this Act, applies to reports required to 26 be made and filed on or after the effective date of sec. 4 of this Act. 27 (d) AS 24.45.135, added by sec. 7 of this Act, applies to complaints alleging 28 violations of AS 24.45.121 - 24.45.171 that occur on or after the effective date of sec. 7 of this 29 Act. 30 (e) AS 24.60.170(a), as amended by sec. 8 of this Act, applies to complaints alleging 31 violations of AS 24.60 that occurred
01 (1) within two years before the effective date of sec. 8 of this Act; or 02 (2) on or after the effective date of sec. 8 this Act. 03 (f) AS 24.60.255, added by sec. 9 of this Act, applies to complaints alleging 04 violations of AS 24.60.200 - 24.60.260 that occur on or after the effective date of sec. 9 of this 05 Act. 06 (g) AS 39.50.055, added by sec. 10 of this Act, applies to complaints alleging a 07 violation of AS 39.50 on or after the effective date of sec. 10 of this Act. 08 (h) AS 39.50.100, as amended by sec. 11 of this Act, applies to actions alleging 09 violations of AS 39.50 that occur on or after the effective date of sec. 11 of this Act. 10 (i) The change in the time limitation for prosecutions for offenses described in 11 AS 15.05 - AS 15.60 (Alaska Election Code) made by sec. 12 of this Act applies to 12 (1) offenses committed in connection with an election occurring within one 13 year before the effective date of sec. 12 of this Act; or 14 (2) offenses committed on or after the effective date of sec. 12 of this Act. 15 * Sec. 14. The uncodified law of the State of Alaska is amended by adding a new section to 16 read: 17 TRANSITION: REGULATIONS. The Alaska Public Offices Commission may 18 immediately adopt regulations as are necessary to implement the changes made by secs. 2 - 13 19 of this Act. The regulations take effect under AS 44.62 (Administrative Procedure Act), but 20 not before January 1, 2009. 21 * Sec. 15. Section 14 of this Act takes effect immediately under AS 01.10.070(c). 22 * Sec. 16. Except as provided in sec. 15 of this Act, this Act takes effect January 1, 2009.