HB 44: "An Act requiring a legislator to abstain from taking or withholding official action or exerting official influence that could benefit or harm an employer or to request to be excused from voting in an instance where the legislator may have a financial conflict of interest; and providing for an effective date."
00 HOUSE BILL NO. 44 01 "An Act requiring a legislator to abstain from taking or withholding official action or 02 exerting official influence that could benefit or harm an employer or to request to be 03 excused from voting in an instance where the legislator may have a financial conflict of 04 interest; and providing for an effective date." 05 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 06 * Section 1. AS 24.60.030(e) is amended to read: 07 (e) A legislator may not directly, or by authorizing another to act on the 08 legislator's behalf, 09 (1) agree to, threaten to, or state or imply that the legislator will take or 10 withhold a legislative, administrative, or political action, including support for or 11 opposition to a bill, employment, nominations, and appointments, as a result of a 12 person's decision to provide or not provide a political contribution, donate or not 13 donate to a cause favored by the legislator, or provide or not provide a thing of value; 14 (2) state or imply that the legislator will perform or refrain from
01 performing a lawful constituent service as a result of a person's decision to provide or 02 not provide a political contribution, donate or not donate to a cause favored by the 03 legislator, or provide or not provide a thing of value; or 04 (3) [UNLESS REQUIRED BY THE UNIFORM RULES OF THE 05 ALASKA STATE LEGISLATURE,] take or withhold official action or exert official 06 influence that could substantially benefit or harm the financial interest of another 07 person by [WITH] whom the legislator is employed, with whom the legislator is 08 negotiating for employment, or from whom the legislator has received more than 09 $10,000 of income within the immediately preceding 12-month period, except 10 (A) as provided in (g) of this section; 11 (B) as required by the Uniform Rules of the Alaska State 12 Legislature; or 13 (C) while participating in a public discussion or debate. 14 * Sec. 2. AS 24.60.030(g) is amended to read: 15 (g) Unless required by the Uniform Rules of the Alaska State Legislature, a 16 legislator may not vote on a question before a committee of the legislature, and 17 shall request to be excused from voting on a question before a house of the 18 legislature, if the legislator or a member of the legislator's immediate family has a 19 financial [AN EQUITY OR OWNERSHIP] interest in a business, investment, real 20 property, lease, or other enterprise if the interest is substantial and the effect on that 21 interest of the action to be voted on is greater than the effect on a substantial class of 22 persons to which the legislator or the family member who has the financial interest 23 belongs as a member of a profession, occupation, industry, or region. However, 24 notwithstanding (e)(3) of this section and the limitations of this subsection, a 25 legislator may vote on an appropriation bill that meets the requirements of 26 AS 37.07.020(a) or 37.07.100 (Executive Budget Act). 27 * Sec. 3. AS 24.60.030(j) is amended to read: 28 (j) In this section, 29 (1) "administrative hearing" means a quasi-judicial hearing before an 30 agency; "administrative hearing" does not include an informal conference or review 31 held by an agency before a final decision is issued or a rate-making proceeding or
01 other nonadjudicative public hearing; 02 (2) "substantially benefit or harm" means the effect on the 03 person's financial interest is greater than the effect on the financial interest of a 04 substantial class of persons to which the person belongs as a member of a 05 profession, occupation, industry, or region. 06 * Sec. 4. AS 24.60.990(a) is amended by adding a new paragraph to read: 07 (17) "financial interest" means ownership of an interest or an 08 involvement in a business, including a property ownership, or a professional or private 09 relationship, that is a source of income, or from which, or as a result of which, a 10 person has received or expects to receive a financial benefit. 11 * Sec. 5. The uncodified law of the State of Alaska is amended by adding a new section to 12 read: 13 CONDITIONAL EFFECT. This Act takes effect only if the Thirtieth Alaska State 14 Legislature passes a resolution that amends Rule 34(b), Uniform Rules of the Alaska State 15 Legislature, to require a member to request to be excused from voting on a question before a 16 house of the legislature when the member has a conflict of interest that is reasonably likely to 17 influence the member's vote on the question, and allow a member's abstention to be approved 18 or disapproved by a majority vote. 19 * Sec. 6. If, under sec. 5 of this Act, this Act takes effect, it takes effect on the later of the 20 effective date of the amendment made to Rule 34(b), Uniform Rules of the Alaska State 21 Legislature, as described in sec. 5 of this Act or on the date described in AS 01.10.070(c).