CSSB 19(FIN) am: "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; relating to financial disclosures from former public officials; and defining 'official action' under the Alaska Executive Branch Ethics Act and related law."
00 CS FOR SENATE BILL NO. 19(FIN) am 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; relating to financial disclosures from former public 05 officials; and defining 'official action' under the Alaska Executive Branch Ethics Act 06 and related law." 07 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 08 * Section 1. AS 24.45.121 is amended by adding a new subsection to read: 09 (d) A former public official in the executive branch may not engage in 10 activities as a lobbyist to the extent prohibited under AS 39.52.180(d). 11 * Sec. 2. AS 39.50.020 is amended to read: 12 Sec. 39.50.020. Report of financial and business interests. (a) A public 13 official other than the governor or the lieutenant governor shall file a statement giving
01 income sources and business interests, under oath and on penalty of perjury, within 30 02 days after taking office as a public official. Candidates for state elective office other 03 than a candidate who is subject to AS 24.60 shall file the statement with the director of 04 elections at the time of filing a declaration of candidacy or a nominating petition or 05 becoming a candidate by any other means. Candidates for elective municipal office 06 shall file the statement at the time of filing a nominating petition, declaration of 07 candidacy, or other required filing for the elective municipal office. Refusal or failure 08 to file within the time prescribed shall require that the candidate's filing fees, if any, 09 and filing for office be refused or that a previously accepted filing fee be returned and 10 the candidate's name removed from the filing records. A statement shall also be filed 11 by public officials no later than March 15 in each following year. On or before the 12 90 day after leaving office, a former public official shall file a statement 13 covering any period during the official's service in that office for which the public 14 official has not already filed a statement. Persons who are members of boards or 15 commissions not named in AS 39.50.200(b) are not required to file financial 16 statements. 17 (b) A public official or former public official other than an elected or 18 appointed municipal officer shall file the statement with the Alaska Public Offices 19 Commission. Candidates for the office of governor and lieutenant governor and, if the 20 candidate is not subject to AS 24.60, the legislature shall file the statement under 21 AS 15.25.030 or 15.25.180. Municipal officers, former municipal officers, and 22 candidates for elective municipal office, shall file with the municipal clerk or other 23 municipal official designated to receive their filing for office. All statements required 24 to be filed under this chapter are public records. 25 * Sec. 3. AS 39.52.110(b) is repealed and reenacted to read: 26 (b) Notwithstanding (a) of this section, a public officer's action or influence 27 with respect to the officer's personal or financial interest in a specific matter is not a 28 violation of public trust or a violation of this chapter 29 (1) if the public officer's action or influence in the matter would have 30 only an insignificant or conjectural effect on the matter; or 31 (2) if the public officer's
01 (A) personal or financial interest is of a type that is possessed 02 generally by the public or a large class of persons to which the public officer 03 belongs; 04 (B) personal interest is insignificant; or 05 (C) financial interest is solely in regard to a business and 06 neither the public officer nor a member of the public officer's immediate 07 family 08 (i) owns a controlling interest in the business and the 09 controlling interest has a fair market value of $5,000 or more; 10 (ii) owns stock or options to buy stock that, when 11 combined, equal more than one percent of the stock in the business or 12 have a total fair market value of more than $5,000; 13 (iii) owns or has an option to buy an equity interest in 14 the business the fair market value of which is more than $5,000 or one 15 percent of the total fair market value of the business, whichever is less; 16 (iv) is a member of the board of directors or another 17 governing body of the business; 18 (v) is an officer of the business; 19 (vi) provides or has an option to provide personal or 20 professional services to the business; 21 (vii) has a contract or an option for a contract with the 22 business; or 23 (viii) is an employee of the business. 24 * Sec. 4. AS 39.52.110 is amended by adding a new subsection to read: 25 (d) Stock or other ownership interest in a business is presumed to be 26 insignificant if the value of the stock or other ownership interest is less than $5,000. 27 * Sec. 5. 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. 6. 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. 7. 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. 8. AS 39.52.180(c) is repealed. 05 * Sec. 9. The uncodified law of the State of Alaska is amended by adding a new section to 06 read: 07 APPLICABILITY. Sections 5, 6, and 8 of this Act apply to a person who leaves state 08 service on or after the effective date of secs. 5 and 6 of this Act.