CSSB 13(JUD): "An Act relating to ethics in state government and to activities of former legislators; and providing for an effective date."
00 CS FOR SENATE BILL NO. 13(JUD) 01 "An Act relating to ethics in state government and to activities of former legislators; and 02 providing for an effective date." 03 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 04 * Section 1. AS 24.60.030(a) is amended to read: 05 (a) A legislator or legislative employee may not 06 (1) solicit, agree to accept, or accept a benefit other than official 07 compensation for the performance of public duties; this paragraph may not be 08 construed to prohibit lawful solicitation for and acceptance of campaign contributions, 09 solicitation or acceptance of contributions for a charity event, as defined in 10 AS 24.60.080(c)(10), or the acceptance of a lawful gratuity under AS 24.60.080; 11 (2) use public funds, facilities, equipment, services, or another 12 government asset or resource for a nonlegislative purpose, for involvement in or 13 support of or opposition to partisan political activity, or for the private benefit of either 14 the legislator, legislative employee, or another person; this paragraph does not prohibit
01 (A) limited use of state property and resources for personal 02 purposes if the use does not interfere with the performance of public duties and 03 either the cost or value related to the use is nominal or the legislator or 04 legislative employee reimburses the state for the cost of the use; 05 (B) the use of mailing lists, computer data, or other information 06 lawfully obtained from a government agency and available to the general 07 public for nonlegislative purposes; 08 (C) telephone or facsimile use that does not carry a special 09 charge; 10 (D) the legislative council, notwithstanding AS 24.05.190, 11 from designating a public facility for use by legislators and legislative 12 employees for health or fitness purposes; when the council designates a facility 13 to be used by legislators and legislative employees for health or fitness 14 purposes, it shall adopt guidelines governing access to and use of the facility; 15 the guidelines may establish times in which use of the facility is limited to 16 specific groups; 17 (E) a legislator from using the legislator's private office in the 18 capital city during a legislative session, and for the 10 days immediately before 19 and the 10 days immediately after a legislative session, for nonlegislative 20 purposes if the use does not interfere with the performance of public duties and 21 if there is no cost to the state for the use of the space and equipment, other than 22 utility costs and minimal wear and tear, or the legislator promptly reimburses 23 the state for the cost; an office is considered a legislator's private office under 24 this subparagraph if it is the primary space in the capital city reserved for use 25 by the legislator, whether or not it is shared with others; 26 (F) a legislator from use of legislative employees to prepare 27 and send out seasonal greeting cards; 28 (G) a legislator from using state resources to transport 29 computers or other office equipment owned by the legislator but primarily used 30 for a state function; 31 (H) use by a legislator of photographs of that legislator;
01 (I) reasonable use of the Internet by a legislator or a legislative 02 employee except if the use is for election campaign purposes; 03 (J) a legislator or legislative employee from soliciting, 04 accepting, or receiving a gift on behalf of a recognized, nonpolitical charitable 05 organization in a state facility; 06 (K) a legislator from sending any communication in the form of 07 a newsletter to the legislator's constituents, unless 08 (i) the communication is sent during the 30-day 09 period immediately preceding a state election; or 10 (ii) it is [EXCEPT] a communication expressly 11 advocating the election or defeat of a candidate or a newsletter or 12 material in a newsletter that is clearly only for the private benefit of a 13 legislator or a legislative employee; or 14 (L) full participation in a charity event approved in advance by 15 the Alaska Legislative Council; 16 (3) knowingly seek, accept, use, allocate, grant, or award public funds 17 for a purpose other than that approved by law, or make a false statement in connection 18 with a claim, request, or application for compensation, reimbursement, or travel 19 allowances from public funds; 20 (4) require a legislative employee to perform services for the private 21 benefit of the legislator or employee at any time, or allow a legislative employee to 22 perform services for the private benefit of a legislator or employee on government 23 time; it is not a violation of this paragraph if the services were performed in an 24 unusual or infrequent situation and the person's services were reasonably necessary to 25 permit the legislator or legislative employee to perform official duties; 26 (5) use or authorize the use of state funds, facilities, equipment, 27 services, or another government asset or resource for the purpose of political fund 28 raising or campaigning; this paragraph does not prohibit 29 (A) limited use of state property and resources for personal 30 purposes if the use does not interfere with the performance of public duties and 31 either the cost or value related to the use is nominal or the legislator or
01 legislative employee reimburses the state for the cost of the use; 02 (B) the use of mailing lists, computer data, or other information 03 lawfully obtained from a government agency and available to the general 04 public for nonlegislative purposes; 05 (C) telephone or facsimile use that does not carry a special 06 charge; 07 (D) storing or maintaining, consistent with (b) of this section, 08 election campaign records in a legislator's office; 09 (E) a legislator from using the legislator's private office in the 10 capital city during a legislative session, and for the 10 days immediately before 11 and the 10 days immediately after a legislative session, for nonlegislative 12 purposes if the use does not interfere with the performance of public duties and 13 if there is no cost to the state for the use of the space and equipment, other than 14 utility costs and minimal wear and tear, or the legislator promptly reimburses 15 the state for the cost; an office is considered a legislator's private office under 16 this subparagraph if it is the primary space in the capital city reserved for use 17 by the legislator, whether or not it is shared with others; or 18 (F) use by a legislator of photographs of that legislator. 19 * Sec. 2. AS 24.60.040 is amended by adding a new subsection to read: 20 (d) Disclosure by a legislator or legislative employee under this section shall 21 be made in writing to the committee, which shall maintain a public record of the 22 disclosure and forward the disclosure to the respective house for inclusion in the 23 journal. 24 * Sec. 3. AS 24.60.050(c) is amended to read: 25 (c) A legislator or legislative employee who participates in a program or 26 receives a loan that is not exempt from disclosure under (a) of this section shall make 27 written disclosure to [FILE A WRITTEN REPORT WITH] the committee by the 28 date required under AS 24.60.105 stating the amounts of the loans outstanding or 29 benefits received during the preceding calendar year from nonqualifying programs. If 30 the committee requests additional information necessary to determine the propriety of 31 participating in the program or receiving the loan, it shall be promptly provided. The
01 committee shall promptly compile a list of the statements indicating the loans and 02 programs and amounts and send it to the presiding officer of each house who shall 03 have it published in the supplemental journals with the next regular publication, by 04 the senate secretary and the house chief clerk, of disclosures under this chapter 05 [WITHIN THREE WEEKS AFTER THE FILING DATE]. A legislator or legislative 06 employee who believes that disclosure of participation in a program would be an 07 invasion of the participant's right to privacy under the state constitution may request 08 the committee to keep the disclosure confidential. If the committee finds that 09 publication would constitute an invasion of privacy, the committee shall publish only 10 the fact that a person has participated in the program and the amount of benefit that the 11 unnamed person received. The committee shall maintain the disclosure of the name of 12 the person as confidential and may only use the disclosure in a proceeding under 13 AS 24.60.170. If the disclosure becomes part of the record of a proceeding under 14 AS 24.60.170, the disclosure may be made public as provided in that section. 15 * Sec. 4. AS 24.60.080(c) is amended to read: 16 (c) Notwithstanding (a) of this section, it is not a violation of this section for a 17 legislator or legislative employee to accept 18 (1) hospitality, other than hospitality described in (4) of this 19 subsection, 20 (A) with incidental transportation at the residence of a person; 21 however, a vacation home located outside the state is not considered a 22 residence for the purposes of this subparagraph; or 23 (B) at a social event or meal; 24 (2) discounts that are available 25 (A) generally to the public or to a large class of persons to 26 which the person belongs; or 27 (B) when on official state business, but only if receipt of the 28 discount benefits the state; 29 (3) food or foodstuffs indigenous to the state that are shared generally 30 as a cultural or social norm; 31 (4) travel and hospitality primarily for the purpose of obtaining
01 information on matters of legislative concern; 02 (5) gifts from the immediate family of the person; 03 (6) gifts that are not connected with the recipient's legislative status; 04 (7) a discount for all or part of a legislative session, including time 05 immediately preceding or following the session, or other gift to welcome a legislator 06 or legislative employee who is employed on the personal staff of a legislator or by a 07 standing or special committee to the capital city or in recognition of the beginning of a 08 legislative session if the gift or discount is available generally to all legislators and the 09 personal staff of legislators and staff of standing and special committees; this 10 paragraph does not apply to legislative employees who are employed by the 11 Legislative Affairs Agency, the office of the chief clerk, the office of the senate 12 secretary, the legislative budget and audit committee, the office of victims' rights, or 13 the office of the ombudsman; 14 (8) a gift of legal services in a matter of legislative concern and a gift 15 of other services related to the provision of legal services in a matter of legislative 16 concern; 17 (9) a gift of transportation from a legislator to a legislator if the 18 transportation takes place in the state on or in an aircraft, boat, motor vehicle, or other 19 means of transport owned or under the control of the donor; this paragraph does not 20 apply to travel described in (4) of this subsection or travel for political campaign 21 purposes; 22 (10) tickets from a lobbyist for a charity event at any time, including 23 during a legislative session, except that tickets to or gifts received at a charity event 24 under this paragraph are subject to the calendar year limit on the value of gifts 25 received by a legislator or legislative employee in (a) of this section; in this paragraph, 26 "charity event" means an event the proceeds of which go to a charitable organization 27 with tax-free status under 26 U.S.C. 501(c)(3) and that the Alaska Legislative Council 28 has approved in advance; the tickets may entitle the bearer to admission to the event, 29 to entertainment, to food or beverages, or to other gifts or services involved in the 30 charity event; or 31 (11) a contribution to a charity event from any person at any time; in
01 this paragraph, "charity event" has the meaning given in (10) of this subsection. 02 * Sec. 5. AS 24.60.080(i) is amended to read: 03 (i) A legislator or legislative employee who knows or reasonably should know 04 that a family member has received a gift because of the family member's connection 05 with the legislator or legislative employee shall make written disclosure to the 06 committee regarding the gift [REPORT THE RECEIPT OF THE GIFT BY THE 07 FAMILY MEMBER TO THE COMMITTEE] if the gift would have to be reported 08 under this section if it had been received by the legislator or legislative employee or if 09 receipt of the gift by a legislator or legislative employee would be prohibited under 10 this section. The committee shall maintain a public record of the disclosure and 11 forward the disclosure to the respective house for inclusion in the journal. 12 * Sec. 6. AS 24.60.085 is amended by adding a new subsection to read: 13 (c) During the term for which elected or appointed a legislator may not, 14 directly or by authorizing another to act on the legislator's behalf, accept or agree to 15 accept compensation, except from the State of Alaska, for work associated with 16 legislative action, administrative action, or political action. Notwithstanding 17 AS 24.60.990, in this subsection "administrative action" and "legislative action" have 18 the meanings given in AS 24.45.171. 19 * Sec. 7. AS 24.60.105(a) is amended to read: 20 (a) When a legislator or legislative employee is required to file a disclosure 21 under this chapter and a date by which the disclosure must be filed is not otherwise set 22 by statute, the deadline for filing disclosure shall be 30 days [DEADLINES SET 23 OUT IN THIS SECTION SHALL APPLY. FOR DISCLOSURE OF A MATTER OR 24 AN INTEREST THAT BEGAN OR WAS ACQUIRED DURING THE INTERIM 25 BETWEEN REGULAR LEGISLATIVE SESSIONS, WHETHER OR NOT THE 26 REGULAR SESSION IS EXTENDED OR THERE IS A SPECIAL SESSION, OR 27 DURING THE LAST 30 DAYS OF A REGULAR SESSION, THE LEGISLATOR 28 OR LEGISLATIVE EMPLOYEE SHALL DISCLOSE THE MATTER BY MARCH 29 15. FOR DISCLOSURE OF A MATTER OR AN INTEREST THAT BEGAN OR 30 WAS ACQUIRED DURING A REGULAR LEGISLATIVE SESSION, BUT NOT 31 DURING THE LAST 30 DAYS OF THE REGULAR SESSION, THE
01 DISCLOSURE MUST BE MADE WITHIN 30 DAYS] after the commencement of 02 the interest or representation. 03 * Sec. 8. AS 24.60.130(n) is amended to read: 04 (n) When appointing members of the legislature to serve on the committee, the 05 speaker of the house or the president of the senate, as appropriate, shall appoint an 06 alternate member for each regular member. An alternate must have the same 07 qualifications as the regular member for whom the alternate stands as alternate and is 08 subject to confirmation as required for the regular member. If a regular legislative 09 member of the committee or a subcommittee is unable to attend a meeting, the 10 chair of the committee or a subcommittee shall designate the regular member's 11 alternate to serve in place of the regular member at the meeting and the 12 designated alternate shall serve unless unable to serve for any reason. If a regular 13 legislative member of the committee or a subcommittee is disqualified under (h) of 14 this section from serving on the committee or the subcommittee concerning a 15 proceeding under AS 24.60.170 or if the regular member is unable to attend, the 16 chair of the committee or a subcommittee shall designate the regular member's 17 alternate to serve in place of the regular member in the proceeding unless the alternate 18 is also disqualified from serving. The designation shall be treated as confidential to the 19 same extent that the identity of the subject of a complaint is required to be kept 20 confidential. 21 * Sec. 9. AS 24.60.150(a) is amended to read: 22 (a) The committee shall 23 (1) adopt procedures to facilitate the receipt of inquiries and prompt 24 rendition of its opinions; 25 (2) publish advisory opinions annually; 26 (3) publish annual [SEMI-ANNUAL] summaries of decisions [AND 27 ADVISORY OPINIONS] with sufficient deletions in the summaries to prevent 28 disclosing the identity of the persons involved in the decisions [OR OPINIONS] that 29 have remained confidential. 30 * Sec. 10. AS 24.60.160(b) is amended to read: 31 (b) An opinion issued under this section is binding on the committee in any
01 subsequent proceedings concerning the facts and circumstances of the particular case 02 unless material facts were omitted or misstated in the request for the advisory opinion. 03 All advisory opinions shall be issued with sufficient deletions to prevent 04 disclosing the identity of the persons involved. Advisory opinion discussions and 05 deliberations are confidential, unless the requester and anyone else named in the 06 request who is covered by the ethics code waives confidentiality. The committee 07 vote shall be a public record [EXCEPT AS PROVIDED IN THIS CHAPTER, AN 08 ADVISORY OPINION IS CONFIDENTIAL BUT SHALL BE MADE PUBLIC IF A 09 WRITTEN REQUEST BY THE PERSON WHO REQUESTED THE OPINION IS 10 FILED WITH THE COMMITTEE]. 11 * Sec. 11. AS 24.60.176(b) is amended to read: 12 (b) In this section, "appointing authority" means 13 (1) the legislative council for employees of the Legislative Affairs 14 Agency and of the legislative council and for legislative employees not otherwise 15 covered under this subsection; 16 (2) the Legislative Budget and Audit Committee for the legislative 17 fiscal analyst and employees of the division of legislative finance, the legislative 18 auditor and employees of the division of legislative audit, and employees of the 19 Legislative Budget and Audit Committee; 20 (3) the appropriate finance committee for employees of the senate or 21 house finance committees; 22 (4) the appropriate rules committee for employees of 23 (A) standing committees of the legislature, other than the 24 finance committees; 25 (B) the senate secretary's office and the office of the chief clerk 26 of the house of representatives; and 27 (C) house records and senate records; 28 (5) the legislator who made the hiring decision for employees of 29 individual legislators; however, the legislator may request the appropriate rules 30 committee to act in the legislator's stead; 31 (6) the ombudsman for employees of the office of the ombudsman,
01 other than the ombudsman; 02 (7) the legislature for the ombudsman; 03 (8) the victims' advocate for the employees, other than the victims' 04 advocate, of the office of victims' rights; 05 (9) the legislative council for the victims' advocate. 06 * Sec. 12. AS 24.60.210(a) is amended to read: 07 (a) A person required to file a disclosure statement under AS 24.60.200 shall 08 file an annual report with the Alaska Public Offices Commission, covering the 09 previous calendar year, containing the disclosures required by AS 24.60.200, on or 10 before March 15 of each year, except that a legislator appointed under 11 AS 15.40.320 - 15.40.350, a public member of the committee, and a legislative 12 director must file within 30 days after the person's initial appointment. 13 * Sec. 13. AS 24.60.250(c) is amended to read: 14 (c) In addition to the sanctions described in AS 24.60.260, if the Alaska Public 15 Offices Commission finds that a legislative director has failed or refused to file a 16 report under AS 24.60.200 by a deadline established in AS 24.60.210, it shall notify 17 the Alaska Legislative Council or the Legislative Budget and Audit Committee, as 18 appropriate. For the ombudsman and for the victims' advocate, the Alaska 19 Legislative Council shall be notified. 20 * Sec. 14. This Act takes effect immediately under AS 01.10.070(c).