HB 368: "An Act modifying the limitations on political fund raising during legislative sessions by candidates for governor or for lieutenant governor, and amending the Legislative Ethics Act to modify the limitation on political fund raising by legislators and legislative employees during legislative sessions, to allow legislators and legislative employees to accept certain gifts from lobbyists within their immediate families, to clarify the Legislative Ethics Act as it relates to legislative volunteers and educational trainees, to reduce the frequency of publication of summaries by the Select Committee on Legislative Ethics, to revise procedures and penalties related to the late filing of disclosures required by the Legislative Ethics Act, and to add a definition to that Act."
00 HOUSE BILL NO. 368 01 "An Act modifying the limitations on political fund raising during legislative sessions by 02 candidates for governor or for lieutenant governor, and amending the Legislative Ethics 03 Act to modify the limitation on political fund raising by legislators and legislative 04 employees during legislative sessions, to allow legislators and legislative employees to 05 accept certain gifts from lobbyists within their immediate families, to clarify the 06 Legislative Ethics Act as it relates to legislative volunteers and educational trainees, to 07 reduce the frequency of publication of summaries by the Select Committee on 08 Legislative Ethics, to revise procedures and penalties related to the late filing of 09 disclosures required by the Legislative Ethics Act, and to add a definition to that Act." 10 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 11 * Section 1. AS 15.13.072(g) is amended to read: 12 (g) A candidate or an individual who has filed with the commission the
01 document necessary to permit that individual to incur election-related expenses under 02 AS 15.13.100 for election or reelection to the office of governor or lieutenant governor 03 may not, on a day when either house of the legislature is in regular or special 04 session, solicit or accept a contribution in the municipality in which the legislative 05 session is convened [CAPITAL CITY WHILE THE LEGISLATURE IS 06 CONVENED IN A REGULAR OR SPECIAL LEGISLATIVE SESSION]. 07 * Sec. 2. AS 24.60.031(a) is amended to read: 08 (a) A legislator or legislative employee may not 09 (1) on a day when either house of the legislature is in regular or special 10 session, solicit or accept a contribution or a promise or pledge to make a contribution 11 for a campaign for the state legislature; however, a legislator or legislative employee 12 may, except in the municipality in which the legislative session is convened 13 [CAPITAL CITY], solicit or accept a contribution, promise, or pledge for a campaign 14 for the state legislature that occurs during the 90 days immediately preceding an 15 election; 16 (2) accept money from an event held on a day when either house of the 17 legislature is in regular or special session if a substantial purpose of the event is to 18 raise money on behalf of the member or legislative employee for state legislative 19 political purposes; however, this paragraph does not prohibit a legislator or legislative 20 employee from accepting money from an event held in a place other than the 21 municipality in which the legislative session is convened, [CAPITAL CITY] during 22 the 90 days immediately preceding an election; or 23 (3) in a campaign for the state legislature, expend money that was 24 raised on a day when either house of the legislature was in a legislative session by or 25 on behalf of a legislator under a declaration of candidacy or a general letter of intent to 26 become a candidate for public office; however, this paragraph does not apply to 27 money raised in a place other than the municipality in which the legislative session 28 is convened, [CAPITAL CITY] during the 90 days immediately preceding an 29 election. 30 * Sec. 3. AS 24.60.080(a) is amended to read: 31 (a) Except as otherwise provided in this section, a legislator or legislative
01 employee may not 02 (1) solicit, accept, or receive, directly or indirectly, a gift worth $250 03 or more, whether in the form of money, services, a loan, travel, entertainment, 04 hospitality, promise, or other form, or gifts from the same person worth less than $250 05 that in a calendar year aggregate to $250 or more in value; 06 (2) solicit, accept, or receive a gift with any monetary value from a 07 lobbyist, an immediate family member of a lobbyist, or a person acting on behalf of a 08 lobbyist, except 09 (A) food or beverage for immediate consumption; [OR] 10 (B) tickets for a charity event at any time, except that tickets to 11 or gifts received at a charity event under this subparagraph are subject to the 12 calendar year limit on the value of gifts received by a legislator or legislative 13 employee in (1) of this subsection; in this subparagraph, "charity event" means 14 an event the proceeds of which go to a charitable organization with tax-free 15 status under 26 U.S.C. 501(c)(3) and that the Alaska Legislative Council has 16 approved in advance; the tickets may entitle the bearer to admission to the 17 event, to entertainment, to food or beverages, or to other gifts or services 18 involved in the charity event; or 19 (C) a gift that is unconnected with the recipient's legislative 20 status and is from a member of the legislator's or legislative employee's 21 immediate family. 22 * Sec. 4. AS 24.60.080(h) is amended to read: 23 (h) A legislator, a legislative committee other than the Select Committee on 24 Legislative Ethics, or a legislative agency may accept a gift of (1) volunteer services 25 for legislative purposes so long as the person making the gift of services is not 26 receiving compensation from another source for the services, or (2) the services of a 27 trainee who is participating in an educational program approved by the committee if 28 the services are used for legislative purposes. The committee shall approve training 29 under a program of the University of Alaska and training under 29 U.S.C. 2801 - 2945 30 (Workforce Investment Act of 1998). [A LEGISLATIVE VOLUNTEER OR 31 EDUCATIONAL TRAINEE SHALL BE CONSIDERED TO BE A LEGISLATIVE
01 EMPLOYEE FOR PURPOSES OF COMPLIANCE WITH THIS SECTION, 02 AS 24.60.030 - 24.60.039, 24.60.060, 24.60.085, 24.60.158 - 24.60.170, 24.60.176, 03 AND 24.60.178. IF A PERSON BELIEVES THAT A LEGISLATIVE VOLUNTEER 04 OR EDUCATIONAL TRAINEE HAS VIOLATED THE PROVISIONS OF ONE OF 05 THOSE SECTIONS, THE PERSON MAY FILE A COMPLAINT UNDER 06 AS 24.60.170. THE PROVISIONS OF AS 24.60.170 APPLY TO THE 07 PROCEEDING.] 08 * Sec. 5. AS 24.60.080 is amended by adding a new subsection to read: 09 (l) A legislative volunteer or educational trainee shall be considered to be a 10 legislative employee for purposes of compliance with this section, AS 24.60.030 - 11 24.60.039, 24.60.060, 24.60.085, 24.60.158 - 24.60.170, 24.60.176, and 24.60.178. If 12 a person believes that a legislative volunteer or educational trainee has violated the 13 provisions of one of those sections, the person may file a complaint under 14 AS 24.60.170. The provisions of AS 24.60.170 apply to the proceeding. 15 * Sec. 6. AS 24.60.150(a) is amended to read: 16 (a) The committee shall 17 (1) adopt procedures to facilitate the receipt of inquiries and prompt 18 rendition of its opinions; 19 (2) publish annual [SEMI-ANNUAL] summaries of decisions and 20 advisory opinions with sufficient deletions in the summaries to prevent disclosing the 21 identity of the persons involved in the decisions or opinions that have remained 22 confidential; 23 (3) publish legislative ethics materials, including an annually updated 24 handbook on standards of ethical conduct and a bimonthly legislative newsletter, to 25 help educate legislators, legislative employees, and public members of the committee 26 on the subject of legislative ethics; 27 (4) within 10 days of the first day of each regular session of the 28 legislature and at other times determined by the committee, administer two types of 29 legislative ethics courses that teach means of compliance with this chapter and are 30 designed to give an understanding of this chapter's purpose under AS 24.60.010; one 31 course, for returning legislators, legislative employees, or public members of the
01 committee, shall refresh knowledge and review compliance issues; a separate course 02 shall be designed to give first-time legislators, legislative employees, or public 03 members of the committee a fundamental understanding of this chapter and how to 04 comply with it. 05 * Sec. 7. AS 24.60.260(c) is amended to read: 06 (c) The committee may impose a fine on a person who files a disclosure after 07 a deadline set by this chapter. The amount of the fine imposed under this subsection 08 may not exceed $2 for each day to a maximum of $100 for each [DISCLOSURE FOR 09 A] late filing unless the committee determines that the late filing was inadvertent 10 or wilful. If [DISCLOSURE. HOWEVER, IF] the committee finds that a late filing 11 was inadvertent, the maximum fine the committee may impose under this subsection is 12 $25. If the committee determines that the late filing was wilful, the amount of the 13 fine imposed under this subsection shall be $100 for each day to a maximum of 14 $2,500. 15 * Sec. 8. AS 24.60.990(a) is amended by adding a new paragraph to read: 16 (17) "partisan political activity" 17 (A) means an activity that is intended to differentially benefit 18 or harm a 19 (i) candidate or potential candidate for elective office; 20 or 21 (ii) political party or group; 22 (B) does not include an activity that is intended to benefit the 23 public interest at large through legislative action.