CSSB 19(FIN): "An Act relating to a public officer's taking official action regarding, or influencing, a matter in which the public officer has a personal or financial interest; relating to restrictions on employment after leaving state service; prohibiting certain persons from engaging in activity as lobbyists; and defining 'official action' under the Alaska Executive Branch Ethics Act and related law."
00 CS FOR SENATE BILL NO. 19(FIN) 01 "An Act relating to a public officer's taking official action regarding, or influencing, a 02 matter in which the public officer has a personal or financial interest; relating to 03 restrictions on employment after leaving state service; prohibiting certain persons from 04 engaging in activity as lobbyists; and defining 'official action' under the Alaska 05 Executive Branch Ethics Act and related law." 06 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 07 * Section 1. AS 24.45.121 is amended by adding a new subsection to read: 08 (d) A former public official in the executive branch may not engage in 09 activities as a lobbyist to the extent prohibited under AS 39.52.180(d). 10 * Sec. 2. AS 39.52.110(b) is repealed and reenacted to read: 11 (b) Notwithstanding (a) of this section, a public officer's action or influence 12 with respect to the officer's personal or financial interest in a specific matter is not a 13 violation of public trust or a violation of this chapter
01 (1) if the public officer's action or influence in the matter would have 02 only an insignificant or conjectural effect on the matter; or 03 (2) if the public officer's 04 (A) personal or financial interest is of a type that is possessed 05 generally by the public or a large class of persons to which the public officer 06 belongs; 07 (B) personal interest is insignificant; or 08 (C) financial interest is solely in regard to a business and 09 neither the public officer nor a member of the public officer's immediate 10 family 11 (i) owns a controlling interest in the business and the 12 controlling interest has a fair market value of $5,000 or more; 13 (ii) owns stock or options to buy stock that, when 14 combined, equal more than one percent of the stock in the business or 15 have a total fair market value of more than $5,000; 16 (iii) owns or has an option to buy an equity interest in 17 the business the fair market value of which is more than $5,000 or one 18 percent of the total fair market value of the business, whichever is less; 19 (iv) is a member of the board of directors or another 20 governing body of the business; 21 (v) is an officer of the business; 22 (vi) provides or has an option to provide personal or 23 professional services to the business; 24 (vii) has a contract or an option for a contract with the 25 business; or 26 (viii) is an employee of the business. 27 * Sec. 3. AS 39.52.180(a) is amended to read: 28 (a) A public officer who leaves state service may not, for two years after 29 leaving state service, represent, advise, or assist a person for compensation regarding a 30 matter that was under consideration by the administrative unit served by that public 31 officer, and in which the officer participated personally and substantially through the
01 exercise of official action. For the purposes of this subsection, "matter" includes a 02 case, proceeding, application, contract, [OR] determination, [BUT DOES NOT 03 INCLUDE THE] proposal or consideration of legislative bills, resolutions and 04 constitutional amendments, or other legislative measures, [;] or [THE] proposal, 05 consideration, or adoption of administrative regulations. 06 * Sec. 4. AS 39.52.180(d) is amended to read: 07 (d) An individual who formerly held a position listed in this subsection [A 08 FORMER GOVERNOR, LIEUTENANT GOVERNOR, OR HEAD OF A 09 PRINCIPAL DEPARTMENT IN THE EXECUTIVE BRANCH] may not engage in 10 activity as a lobbyist under AS 24.45 for a period of one year after leaving that 11 position [SERVICE AS THE GOVERNOR, LIEUTENANT GOVERNOR, OR 12 DEPARTMENT HEAD, AS APPROPRIATE]. This subsection does not prohibit 13 service as a volunteer lobbyist described in AS 24.45.161(a)(1) or a representational 14 lobbyist as defined under regulations of the Alaska Public Offices Commission. This 15 subsection applies to the position of 16 (1) governor; 17 (2) lieutenant governor; 18 (3) head or deputy head of a principal department in the executive 19 branch; 20 (4) director of a division or legislative liaison within a principal 21 department in the executive branch; 22 (5) legislative liaison, administrative assistant, or other employee 23 of the Office of the Governor or Office of the Lieutenant Governor in a policy- 24 making position; 25 (6) member of a state board or commission that has the authority 26 to adopt regulations, other than a board or commission named in AS 08.01.010; 27 (7) member of the governing board and executive officer of a state 28 public corporation. 29 * Sec. 5. AS 39.52.960(14) is amended to read: 30 (14) "official action" means performance of any duties in the course 31 and scope of a public officer's employment, including review, advice,
01 participation, assistance, or another kind of involvement regarding a matter, 02 such as a recommendation, decision, approval, disapproval, vote, or other similar 03 action, including inaction, by a public officer; 04 * Sec. 6. AS 39.52.180(c) is repealed. 05 * Sec. 7. The uncodified law of the State of Alaska is amended by adding a new section to 06 read: 07 APPLICABILITY. Sections 3, 4, and 6 of this Act apply to a person who leaves state 08 service on or after the effective date of secs. 3 and 4 of this Act.