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CSSB 24(JUD) am H: "An Act relating to the applicability of the Legislative Ethics Act to legislative interns, legislative volunteers, legislative consultants, legislative independent contractors, sole proprietorships, and other legal entities; and excluding contractors and persons who work for contractors from participating in certain benefit plans provided by the state, certain political subdivisions, or certain public organizations based on performing fee-based or contract services."

00                     CS FOR SENATE BILL NO. 24(JUD) am H                                                                 
01 "An Act relating to the applicability of the Legislative Ethics Act to legislative interns,                             
02 legislative volunteers, legislative consultants, legislative independent contractors, sole                              
03 proprietorships, and other legal entities; and excluding contractors and persons who                                    
04 work for contractors from participating in certain benefit plans provided by the state,                                 
05 certain political subdivisions, or certain public organizations based on performing fee-                                
06 based or contract services."                                                                                            
07 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA:                                                                
08    * Section 1. AS 24.60.112 is repealed and reenacted to read:                                                       
09            Sec. 24.60.112. Applicability to legislative interns, volunteers, consultants,                           
10       and independent contractors. (a) A legislative intern or legislative volunteer shall                            
11       comply with AS 24.60.030 - 24.60.039, 24.60.060, 24.60.080, 24.60.085, and                                        
12       24.60.155, and the committee shall apply AS 24.60.158 - 24.60.170, 24.60.176, and                                 
13       24.60.178 to a legislative intern or legislative volunteer.                                                       
01            (b)  A legislative consultant or legislative independent contractor shall comply                             
02       with AS 24.60.030(a)(1) and (3), 24.60.031(a), 24.60.033, 24.60.060, and                                          
03       24.60.080(a), (c)(1) - (6), (g), and (j), and the committee shall apply AS 24.60.158 -                            
04       24.60.170, 24.60.176, and 24.60.178 to a legislative consultant or legislative                                    
05       independent contractor.                                                                                           
06            (c)  If a person believes that a legislative intern, legislative volunteer,                                  
07       legislative consultant, or legislative independent contractor has violated a provision of                         
08       this chapter that is made applicable by this section, the person may file a complaint                             
09       under AS 24.60.170.                                                                                               
10    * Sec. 2. AS 24.60.134(c) is amended to read:                                                                      
11            (c)  A person under contract to provide personal services to the committee who                               
12       does so as [IS] part of a sole proprietorship, corporation, [OR] partnership, or other            
13       legal entity that includes individuals who will not be participating directly in the work                     
14       performed by the entity for the committee may request the committee to exclude                                    
15       members of the entity from some or all of the provisions of this section. The                                     
16       committee may grant the request if it finds that                                                                  
17                 (1)  doing so will not lead to the appearance that the committee is                                 
18       subject to undue political influence; and                                                                     
19                 (2)  [IF] there is no appearance of impropriety.                                                    
20    * Sec. 3. AS 24.60.990(a)(11) is amended to read:                                                                  
21                 (11)  "legislative employee" means a person, other than a legislator,                                   
22       who is compensated by the legislative branch in return for providing regular or                               
23       substantial personal services, regardless of the person's pay level or technical status as                        
24       full time or part time; "legislative employee" [A FULL-TIME OR PART-TIME                                      
25       EMPLOYEE, INDEPENDENT CONTRACTOR, OR CONSULTANT; IT                                                               
26       INCLUDES PUBLIC MEMBERS AND STAFF OF THE COMMITTEE; IT] does                                                      
27       not include legislative interns, legislative volunteers, legislative consultants,                             
28       legislative independent contractors, individuals who perform functions that are                               
29       incidental to legislative functions, and other employees designated by the committee;                             
30    * Sec. 4. AS 39.35 is amended by adding a new section to read:                                                     
31            Sec. 39.35.605. Contractors and employees of contractors excluded from                                     
01       plan. (a) A person or legal entity providing services to the state or to a political                            
02       subdivision or public organization on a contractual or fee basis may not participate as                           
03       an employer in the plan based on those services.                                                                  
04            (b)  A person may not participate in the plan as an employee or member as the                                
05       result of performing work for a person providing services under (a) of this section.                              
06    * Sec. 5. AS 39.35 is amended by adding a new section to read:                                                     
07            Sec. 39.35.956. Contractors and employees of contractors excluded from                                     
08       plan. (a) A person or legal entity providing services to the state or to a political                            
09       subdivision or public organization on a contractual or fee basis may not participate as                           
10       an employer in the plan based on those services.                                                                  
11            (b)  A person may not participate in the plan as an employee or member as the                                
12       result of performing work for a person providing services under (a) of this section.                              
13    * Sec. 6. AS 39.35.990(16) is amended to read:                                                                     
14                 (16)  "member" or "employee" means a person who is eligible to                                          
15       participate in the plan and who is covered by the plan, including the governor, the                               
16       lieutenant governor, and a member of the legislature, but does not include                                        
17                      (A)  a full-time or part-time instructor [INSTRUCTORS] of                                  
18            the Department of Labor and Workforce Development or [AND] the                                           
19            Department of Education and Early Development in a position [POSITIONS]                                  
20            that requires [REQUIRE] a teaching certificate; or                                                   
21                      (B)  a person who is compensated on a contractual or fee                                       
22            basis;                                                                                                   
23    * Sec. 7. AS 39.35.990(17) is amended to read:                                                                     
24                 (17)  "membership service" means full-time or part-time employment                                      
25       of a member or employee with an employer in the plan;                                                         
26    * Sec. 8. The uncodified law of the State of Alaska is amended by adding a new section to                          
27 read:                                                                                                                   
28       APPLICABILITY. AS 39.35.605, enacted by sec. 4 of this Act, AS 39.35.956,                                         
29 enacted by sec. 5 of this Act, AS 39.35.990(16), as amended by sec. 6 of this Act, and                                  
30 AS 39.35.990(17), as amended by sec. 7 of this Act, apply to contracts entered into on or after                         
31 the effective date of secs. 4 - 7 of this Act.                                                                          
01    * Sec. 9. The uncodified law of the State of Alaska is amended by adding a new section to                          
02 read:                                                                                                                   
03       SEVERABILITY. If a final decision by a court of competent jurisdiction finds that                                 
04 this Act violates the state constitutional requirement under art. II, sec. 13, Constitution of the                      
05 State of Alaska, requiring that every bill shall be confined to one subject, then AS 39.35.605,                         
06 enacted by sec. 4 of this Act, AS 39.35.956, enacted by sec. 5 of this Act, AS 39.35.990(16),                           
07 as amended by sec. 6 of this Act, AS 39.35.990(17), as amended by sec. 7 of this Act, and sec.                          
08 8 of this Act are severed from this Act and the remainder of this Act and the application to                            
09 other persons or circumstances are not affected.