00 Enrolled SB 24
01 Relating to the applicability of the Legislative Ethics Act to legislative interns, legislative
02 volunteers, legislative consultants, legislative independent contractors, sole proprietorships,
03 and other legal entities; and excluding contractors and persons who work for contractors from
04 participating in certain benefit plans provided by the state, certain political subdivisions, or
05 certain public organizations based on performing fee-based or contract services.
07 * Section 1. AS 24.60.112 is repealed and reenacted to read:
08 Sec. 24.60.112. Applicability to legislative interns, volunteers, consultants,
09 and independent contractors. (a) A legislative intern or legislative volunteer shall
10 comply with AS 24.60.030 - 24.60.039, 24.60.060, 24.60.080, 24.60.085, and
11 24.60.155, and the committee shall apply AS 24.60.158 - 24.60.170, 24.60.176, and
12 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
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
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
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.