CSSB 89(JUD): "An Act clarifying that a legislator or legislative employee is allowed to accept certain compassionate gifts; allowing legislators and legislative employees who are representing persons in an administrative hearing to contact hearing officers and attempt to influence the outcome of the hearing if they are professionals licensed in the state, and allowing legislators and legislative employees who are not professionals licensed in the state to contact hearing officers for the purpose of influencing the outcome of the hearing in certain instances; requiring the Select Committee on Legislative Ethics to maintain a public record of certain ethics disclosures made by legislators and legislative employees; prohibiting a public member of the Select Committee on Legislative Ethics from disclosing confidential information without authorization; clarifying the ethics disclosure requirements for tickets to or gifts in connection with charity events; amending disclosure deadlines under the Legislative Ethics Act; relating to requests to refrain from disclosure under the Legislative Ethics Act; relating to the applicability of certain provisions of the Legislative Ethics Act to certain legislative employees, volunteers, and interns; establishing a seat for an alternate public member on the Select Committee on Legislative Ethics; clarifying the requirements related to participation by alternate public members and alternate legislative members in the proceedings of the committee; amending the definition of 'legislative employee' in the Legislative Ethics Act; and repealing a procedure for appointment of alternate legislative members."
00 CS FOR SENATE BILL NO. 89(JUD) 01 "An Act clarifying that a legislator or legislative employee is allowed to accept certain 02 compassionate gifts; allowing legislators and legislative employees who are representing 03 persons in an administrative hearing to contact hearing officers and attempt to influence 04 the outcome of the hearing if they are professionals licensed in the state, and allowing 05 legislators and legislative employees who are not professionals licensed in the state to 06 contact hearing officers for the purpose of influencing the outcome of the hearing in 07 certain instances; requiring the Select Committee on Legislative Ethics to maintain a 08 public record of certain ethics disclosures made by legislators and legislative employees; 09 prohibiting a public member of the Select Committee on Legislative Ethics from 10 disclosing confidential information without authorization; clarifying the ethics 11 disclosure requirements for tickets to or gifts in connection with charity events; 12 amending disclosure deadlines under the Legislative Ethics Act; relating to requests to
01 refrain from disclosure under the Legislative Ethics Act; relating to the applicability of 02 certain provisions of the Legislative Ethics Act to certain legislative employees, 03 volunteers, and interns; establishing a seat for an alternate public member on the Select 04 Committee on Legislative Ethics; clarifying the requirements related to participation by 05 alternate public members and alternate legislative members in the proceedings of the 06 committee; amending the definition of 'legislative employee' in the Legislative Ethics 07 Act; and repealing a procedure for appointment of alternate legislative members." 08 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 09 * Section 1. AS 24.60.030(a) is amended to read: 10 (a) A legislator or legislative employee may not 11 (1) solicit, agree to accept, or accept a benefit other than official 12 compensation for the performance of public duties; this paragraph may not be 13 construed to prohibit lawful solicitation for and acceptance of campaign contributions, 14 solicitation or acceptance of contributions for a charity event, as defined in AS 15 24.60.080(a)(2)(B), or the acceptance of a gift [LAWFUL GRATUITY] under AS 16 24.60.075 or 24.60.080 [AS 24.60.080]; 17 (2) use public funds, facilities, equipment, services, or another 18 government asset or resource for a nonlegislative purpose, for involvement in or 19 support of or opposition to partisan political activity, or for the private benefit of 20 [EITHER] the legislator, legislative employee, or another person; this paragraph does 21 not prohibit 22 (A) limited use of state property and resources for personal 23 purposes if the use does not interfere with the performance of public duties and 24 either the cost or value related to the use is nominal or the legislator or 25 legislative employee reimburses the state for the cost of the use; 26 (B) the use of mailing lists, computer data, or other information 27 lawfully obtained from a government agency and available to the general 28 public for nonlegislative purposes;
01 (C) the legislative council, notwithstanding AS 24.05.190, from 02 designating a public facility for use by legislators and legislative employees for 03 health or fitness purposes; when the council designates a facility to be used by 04 legislators and legislative employees for health or fitness purposes, it shall 05 adopt guidelines governing access to and use of the facility; the guidelines may 06 establish times in which use of the facility is limited to specific groups; 07 (D) a legislator from using the legislator's private office in the 08 capital city during a legislative session, and for the 10 days immediately before 09 and the 10 days immediately after a legislative session, for nonlegislative 10 purposes if the use does not interfere with the performance of public duties and 11 if there is no cost to the state for the use of the space and equipment, other than 12 utility costs and minimal wear and tear, or the legislator promptly reimburses 13 the state for the cost; an office is considered a legislator's private office under 14 this subparagraph if it is the primary space in the capital city reserved for use 15 by the legislator, whether or not it is shared with others; 16 (E) a legislator from use of legislative employees to prepare 17 and send out seasonal greeting cards; 18 (F) a legislator from using state resources to transport 19 computers or other office equipment owned by the legislator but primarily used 20 for a state function; 21 (G) use by a legislator of photographs of that legislator; 22 (H) reasonable use of the Internet by a legislator or a legislative 23 employee except if the use is for election campaign purposes; 24 (I) a legislator or legislative employee from soliciting, 25 accepting, or receiving a gift on behalf of a recognized, nonpolitical charitable 26 organization in a state facility; 27 (J) a legislator from sending any communication in the form of 28 a newsletter to the legislator's constituents, except a communication expressly 29 advocating the election or defeat of a candidate or a newsletter or material in a 30 newsletter that is clearly only for the private benefit of a legislator or a 31 legislative employee; or
01 (K) full participation in a charity event approved in advance by 02 the Alaska Legislative Council; 03 (3) knowingly seek, accept, use, allocate, grant, or award public funds 04 for a purpose other than that approved by law, or make a false statement in connection 05 with a claim, request, or application for compensation, reimbursement, or travel 06 allowances from public funds; 07 (4) require a legislative employee to perform services for the private 08 benefit of the legislator or employee at any time, or allow a legislative employee to 09 perform services for the private benefit of a legislator or employee on government 10 time; it is not a violation of this paragraph if the services were performed in an 11 unusual or infrequent situation and the person's services were reasonably necessary to 12 permit the legislator or legislative employee to perform official duties; 13 (5) use or authorize the use of state funds, facilities, equipment, 14 services, or another government asset or resource for the purpose of political fund 15 raising or campaigning; this paragraph does not prohibit 16 (A) limited use of state property and resources for personal 17 purposes if the use does not interfere with the performance of public duties and 18 either the cost or value related to the use is nominal or the legislator or 19 legislative employee reimburses the state for the cost of the use; 20 (B) the use of mailing lists, computer data, or other information 21 lawfully obtained from a government agency and available to the general 22 public for nonlegislative purposes; 23 (C) storing or maintaining, consistent with (b) of this section, 24 election campaign records in a legislator's office; 25 (D) a legislator from using the legislator's private office in the 26 capital city during a legislative session, and for the 10 days immediately before 27 and the 10 days immediately after a legislative session, for nonlegislative 28 purposes if the use does not interfere with the performance of public duties and 29 if there is no cost to the state for the use of the space and equipment, other than 30 utility costs and minimal wear and tear, or the legislator promptly reimburses 31 the state for the cost; an office is considered a legislator's private office under
01 this subparagraph if it is the primary space in the capital city reserved for use 02 by the legislator, whether or not it is shared with others; or 03 (E) use by a legislator of photographs of that legislator. 04 * Sec. 2. AS 24.60.030(i) is amended to read: 05 (i) A [EXCEPT FOR SUPPLYING INFORMATION REQUESTED BY THE 06 HEARING OFFICER OR THE INDIVIDUAL, BOARD, OR COMMISSION WITH 07 AUTHORITY TO MAKE THE FINAL DECISION IN THE CASE, OR WHEN 08 RESPONDING TO CONTACTS INITIATED BY THE HEARING OFFICER OR 09 THE INDIVIDUAL, BOARD, OR COMMISSION WITH AUTHORITY TO MAKE 10 THE FINAL DECISION IN THE CASE, A] legislator or legislative employee may 11 not attempt to influence the outcome of an administrative hearing by directly or 12 indirectly contacting or attempting to contact the hearing officer assigned to the 13 hearing or the individual, board, or commission with authority to make the final 14 decision in the matter [CASE] unless [THE] 15 (1) the legislator or legislative employee is representing another 16 person for compensation subject to AS 24.60.100 and as a professional who is 17 licensed in the state; 18 (2) the contact is made in the presence of all parties to the hearing or 19 the parties' representatives while the legislator or legislative employee is acting as a 20 party or a witness in the matter or responding to a question asked of the 21 legislator or legislative employee by the hearing officer, individual, board, or 22 commission and the contact is made a part of the record; or 23 (3) the contact is inadvertent and ex parte and the [(2)] fact and 24 substance of the contact are [IS] promptly disclosed by the legislator or legislative 25 employee to all parties to the hearing and [THE CONTACT IS] made a part of the 26 record. 27 * Sec. 3. AS 24.60.050(c) is amended to read: 28 (c) A legislator or legislative employee who participates in a program or 29 receives a loan that is not exempt from disclosure under (a) of this section shall file 30 with the committee by the date required under AS 24.60.105 a disclosure stating the 31 amounts of the loans outstanding or benefits received during the preceding calendar
01 year from nonqualifying programs. If the committee requests additional information 02 necessary to determine the propriety of participating in the program or receiving the 03 loan, it shall be promptly provided. The committee shall maintain the disclosure as a 04 public record and promptly forward the information contained in the disclosure 05 [PROMPTLY COMPILE A LIST OF THE STATEMENTS INDICATING THE 06 LOANS AND PROGRAMS AND AMOUNTS AND SEND IT] to the presiding 07 officer of each house who shall have it published in the supplemental journals on or 08 before the next regularly scheduled publication of ethics disclosures. If a legislator or 09 legislative employee asks the committee to keep any part of the disclosure confidential 10 and a quorum of the committee determines by vote of a majority of committee 11 members that making the entire disclosure public would cause an unjustifiable 12 invasion of personal privacy, the committee may elect to publish only the fact that a 13 person has participated in the program and the amount of benefit that the unnamed 14 person received. The committee shall maintain the disclosure of the name of the 15 person as confidential and may only use the disclosure in a proceeding under AS 16 24.60.170. If the disclosure becomes part of the record of a proceeding under AS 17 24.60.170, the disclosure may be made public as provided in that section. 18 * Sec. 4. AS 24.60.060(a) is amended to read: 19 (a) A legislator, [OR] legislative employee, or public member of the 20 committee may not knowingly make an unauthorized disclosure of information that is 21 made confidential by law and that the person acquired in the course of official duties. 22 A person who violates this section is subject to a proceeding under AS 24.60.170 and 23 may be subject to prosecution under AS 11.56.860 or another law. 24 * Sec. 5. AS 24.60.080(a) is amended to read: 25 (a) Except as otherwise provided in this section, a legislator or legislative 26 employee may not 27 (1) solicit, accept, or receive, directly or indirectly, a gift worth $250 28 or more, whether in the form of money, services, a loan, travel, entertainment, 29 hospitality, promise, or other form, or gifts from the same person worth less than $250 30 that in a calendar year aggregate to $250 or more in value; 31 (2) solicit, accept, or receive a gift with any monetary value from a
01 lobbyist, an immediate family member of a lobbyist, or a person acting on behalf of a 02 lobbyist, except 03 (A) food or beverage for immediate consumption; 04 (B) a contribution to a charity event, [FROM ANY PERSON 05 AT ANY TIME, AND] tickets to [FOR] a charity event, and [AT ANY TIME, 06 EXCEPT THAT TICKETS TO OR] gifts to which the tickets may entitle the 07 bearer; however, under this subparagraph a legislator or legislative 08 employee may not solicit, accept, or receive from the same lobbyist, an 09 immediate family member of the lobbyist, or a person acting on behalf of 10 the lobbyist, tickets to a charity event, gifts to which the tickets may entitle 11 the bearer, or both, that in a calendar year aggregate to $250 or more in 12 value [RECEIVED AT A CHARITY EVENT UNDER THIS 13 SUBPARAGRAPH ARE SUBJECT TO THE CALENDAR YEAR LIMIT 14 ON THE VALUE OF GIFTS RECEIVED BY A LEGISLATOR OR 15 LEGISLATIVE EMPLOYEE IN (1) OF THIS SUBSECTION]; in this 16 subparagraph, "charity event" means an event the proceeds of which go to a 17 charitable organization with tax-free status under 26 U.S.C. 501(c)(3) and that 18 the Alaska Legislative Council has approved in advance; the tickets may entitle 19 the bearer to admission to the event, to entertainment, to food or beverages, or 20 to other gifts or services in connection with [INVOLVED IN] the charity 21 event; 22 (C) a gift that is unconnected with the recipient's legislative 23 status and is from a member of the legislator's or legislative employee's 24 immediate family; 25 (D) a gift delivered on the premises of a state facility and 26 accepted on behalf of a recognized nonpolitical charitable organization; or 27 (E) a compassionate gift under AS 24.60.075. 28 * Sec. 6. AS 24.60.080(c) is amended to read: 29 (c) Notwithstanding (a)(1) of this section, it is not a violation of this section 30 for a person who is a legislator or legislative employee to accept 31 (1) hospitality, other than hospitality described in (4) of this
01 subsection, 02 (A) with incidental transportation at the residence of a person; 03 however, a vacation home located outside the state is not considered a 04 residence for the purposes of this subparagraph; or 05 (B) at a social event or meal; 06 (2) discounts that are available 07 (A) generally to the public or to a large class of persons to 08 which the person belongs; or 09 (B) when on official state business, but only if receipt of the 10 discount benefits the state; 11 (3) food or foodstuffs indigenous to the state that are shared generally 12 as a cultural or social norm; 13 (4) travel and hospitality primarily for the purpose of obtaining 14 information on matters of legislative concern; 15 (5) gifts from the immediate family of the person; in this paragraph, 16 "immediate family" means 17 (A) the spouse of the person; 18 (B) the person's domestic partner; 19 (C) a child, including a stepchild and an adoptive child, of the 20 person or of the person's domestic partner; 21 (D) a parent, sibling, grandparent, aunt, or uncle of the person; 22 (E) a parent, sibling, grandparent, aunt, or uncle of the person's 23 spouse or the person's domestic partner; and 24 (F) a stepparent, stepsister, stepbrother, step-grandparent, step- 25 aunt, or step-uncle of the person, the person's spouse, or the person's domestic 26 partner; 27 (6) gifts that are not connected with the recipient's legislative status; 28 (7) a discount for all or part of a legislative session, including time 29 immediately preceding or following the session, or other gift to welcome a legislator 30 or legislative employee who is employed on the personal staff of a legislator or by a 31 standing or special committee to the capital city or in recognition of the beginning of a
01 legislative session if the gift or discount is available generally to all legislators and the 02 personal staff of legislators and staff of standing and special committees; this 03 paragraph does not apply to legislative employees who are employed by the 04 Legislative Affairs Agency, the office of the chief clerk, the office of the senate 05 secretary, the legislative budget and audit committee, the office of victims' rights, or 06 the office of the ombudsman; 07 (8) a gift of legal services in a matter of legislative concern and a gift 08 of other services related to the provision of legal services in a matter of legislative 09 concern; 10 (9) a gift of transportation from a legislator or a legislative employee to 11 a legislator or a legislative employee if the transportation takes place in the state on or 12 in an aircraft, boat, motor vehicle, or other means of transport owned or under the 13 control of the donor; this paragraph does not apply to travel described in (4) of this 14 subsection or travel for political campaign purposes; or 15 (10) a contribution to a charity event, a ticket to a charity event, or a 16 gift in connection with a charity event [FROM ANY PERSON AT ANY TIME]; in 17 this paragraph, "charity event" has the meaning given in (a)(2)(B) of this section. 18 * Sec. 7. AS 24.60.080(d) is amended to read: 19 (d) A legislator or legislative employee who accepts a gift under (c)(4) of this 20 section that has a value of $250 or more or a ticket to a charity event or gift in 21 connection with a charity event under (c)(10) of this section that has a value of $250 22 or more shall disclose to the committee, within 60 [30] days after receipt of the gift, 23 the name and occupation of the donor and the approximate value of the gift. A 24 legislator or legislative employee who accepts a gift under (c)(8) of this section that 25 the recipient expects will have a value of $250 or more in the calendar year shall 26 disclose to the committee, within 30 days after receipt of the gift, the name and 27 occupation of the donor, a general description of the matter of legislative concern with 28 respect to which the gift is made, and the approximate value of the gift. The committee 29 shall maintain a public record of the disclosures it receives relating to gifts under 30 (c)(4), (c)(8), (c)(10), and (i) of this section and shall forward the disclosures to the 31 appropriate house for inclusion in the journal. The committee shall forward to the
01 Alaska Public Offices Commission copies of the disclosures concerning gifts under 02 (c)(4), (c)(8), (c)(10), and (i) of this section that it receives from legislators and 03 legislative directors. A legislator or legislative employee who accepts a gift under 04 (c)(6) of this section that has a value of $250 or more shall, within 30 days after 05 receiving the gift, disclose to the committee the name and occupation of the donor and 06 a description of the gift. The committee shall maintain disclosures relating to gifts 07 under (c)(6) of this section as confidential records and may only use, or permit a 08 committee employee or contractor to use, a disclosure under (c)(6) of this section in 09 the investigation of a possible violation of this section or in a proceeding under AS 10 24.60.170. If the disclosure under (c)(6) of this section becomes part of the record of a 11 proceeding under AS 24.60.170, the confidentiality provisions of that section apply to 12 the disclosure. 13 * Sec. 8. AS 24.60.105 is amended by adding a new subsection to read: 14 (d) A person may submit a written request to refrain from making a disclosure 15 that is required by this chapter if making the disclosure would violate state or federal 16 law, including the United States Constitution and the Constitution of the State of 17 Alaska, or a rule, adopted formally by a trade or profession, that state or federal law 18 requires the person to follow. The committee shall approve or deny the request, or 19 require further justification from the person making the request. At the request of the 20 committee or a person authorized to act on behalf of the committee, a person who 21 seeks to refrain from making a disclosure under this subsection shall provide the 22 committee with justification in writing, and the committee may review the written 23 justification to determine whether it is sufficient. 24 * Sec. 9. AS 24.60.112 is amended to read: 25 Sec. 24.60.112. Applicability to volunteers and educational trainees. A 26 person who works more than 30 days as a legislative volunteer or educational 27 trainee shall be considered to be a legislative employee for purposes of compliance 28 with AS 24.60.030 - 24.60.039, 24.60.060, 24.60.080, 24.60.085, 24.60.155, 29 24.60.158 - 24.60.170, 24.60.176, and 24.60.178. If a person believes that a legislative 30 volunteer or educational trainee has violated the provisions of one of those sections, 31 the person may file a complaint under AS 24.60.170. The provisions of AS 24.60.170
01 apply to the proceeding. 02 * Sec. 10. AS 24.60.130(h) is amended to read: 03 (h) A member is disqualified from participating as a member in any 04 proceeding before the committee involving a complaint against the member or an 05 employee whose work is supervised by the member or an advisory opinion requested 06 by the member. If a regular legislative member of the committee is disqualified under 07 this subsection from participating in a proceeding involving a complaint, the member's 08 alternate shall be designated under AS 24.60.131 [(n) OF THIS SECTION]. 09 * Sec. 11. AS 24.60.130(o) is amended to read: 10 (o) Notwithstanding (h) [AND (n)] of this section and AS 24.60.131, if a 11 complaint before the committee alleges a violation of this chapter by a group of 12 legislators that includes a legislative member of the committee and that member's 13 alternate, the member and alternate member are disqualified from serving on the 14 committee with regard to the complaint. If the two disqualified members of the 15 committee are members of the majority organizational caucus, the presiding officer of 16 the house in which the two disqualified members serve shall appoint from that house 17 an alternate to serve with regard to the complaint. If one of the two disqualified 18 legislative members of the committee is not a member of the majority organizational 19 caucus, the leader of the minority organizational caucus with the greatest number of 20 members shall appoint from that house an alternate to serve with regard to the 21 complaint. If a complaint alleges a violation of this chapter that includes all legislative 22 members of the majority organizational caucus of one house, the presiding officer of 23 that house shall appoint from the other house an alternate to serve with regard to the 24 complaint. If the complaint alleges a violation of this chapter that includes all 25 legislative members of a minority organizational caucus of one house, the leader of 26 that minority organizational caucus shall appoint from the other house an alternate to 27 serve with regard to the complaint. 28 * Sec. 12. AS 24.60 is amended by adding a new section to read: 29 Sec. 24.60.131. Alternate members. (a) When appointing members of the 30 legislature to serve on the committee under AS 24.60.130(b), the speaker of the house 31 of representatives or the president of the senate, as appropriate, shall appoint an
01 alternate member for each regular member. The alternate member shall have the same 02 qualifications for appointment to the committee as the regular member for whom the 03 alternate stands as alternate. The alternate member's appointment is subject to 04 confirmation as required for appointment of the regular member. 05 (b) When selecting public members to serve on the committee under AS 06 24.60.130(b), the Chief Justice of the Alaska Supreme Court shall select one alternate 07 public member. The alternate public member's selection is subject to ratification as 08 required for selection of the regular public members. 09 (c) Subject to (d) of this section, if a regular member of the committee or a 10 subcommittee is unable to participate in a proceeding other than a proceeding under 11 AS 24.60.170, the chair of the committee or subcommittee that holds the proceeding 12 shall designate the regular member's alternate to participate in place of the regular 13 member at the proceeding, and the alternate shall participate for the duration of that 14 proceeding unless the alternate is unable to participate. 15 (d) If a regular member of the committee or a subcommittee or an alternate 16 member appointed under (a) or (b) of this section participates at the commencement of 17 a proceeding under AS 24.60.170, the member shall participate for the duration of the 18 proceeding unless the member is disqualified under AS 24.60.130(h) or is unable to 19 continue participating. If the participating member is disqualified under AS 20 24.60.130(h) or becomes unable to participate, the chair of the committee or 21 subcommittee that holds the proceeding shall designate the member's alternate to 22 participate in place of the member for the duration of the proceeding unless the 23 alternate is disqualified or is unable to participate. 24 (e) If both a regular legislative member and that member's alternate appointed 25 under (a) of this section are not available to participate at the commencement of a 26 proceeding under AS 24.60.170 because they are disqualified under AS 24.60.130(h), 27 the presiding officer of the house in which the two members serve shall appoint from 28 that house an alternate and designate that alternate to participate in the proceeding; 29 however, if the two members who are not available to participate are not members of 30 the majority organizational caucus, the leader of the minority organizational caucus 31 with the greatest number of members shall appoint from that house an alternate and
01 designate that alternate to participate in the proceeding. 02 (f) A designation under (c) - (e) of this section shall be treated as confidential 03 to the same extent that the identity of the subject of a complaint is required to be kept 04 confidential. 05 * Sec. 13. AS 24.60.155 is amended to read: 06 Sec. 24.60.155. Legislative ethics course. A person who serves for more 07 than 30 days as a legislative volunteer or educational trainee or who is a legislator, 08 legislative employee, or public member of the committee shall complete a legislative 09 ethics course administered by the committee under AS 24.60.150(a)(4) within 10 days 10 of the first day of the first regular session of each legislature. However, a person who 11 begins a period of service of more than 30 days as a volunteer or trainee or who 12 first takes office or begins employment after the 10th day of the first regular session of 13 a legislature shall complete the course required by this section within 30 days after the 14 person's first day of service and, thereafter, as required by this section. The committee 15 may grant a person additional time to complete the course required by this section. 16 * Sec. 14. AS 24.60.990(a)(11) is amended to read: 17 (11) "legislative employee" means a person, other than a legislator, 18 who is compensated by the legislative branch in return for regular or substantial 19 personal services, regardless of the person's pay level or technical status as a full-time 20 or part-time employee, independent contractor, or consultant; it includes public 21 members and staff of the committee; it does not include individuals who are hourly 22 employees who perform functions that are incidental to legislative functions, 23 [INCLUDING SECURITY, MESSENGER, MAINTENANCE, AND PRINT SHOP 24 EMPLOYEES,] and other employees designated by the committee; 25 * Sec. 15. AS 24.60.130(n) is repealed.