00 SPONSOR SUBSTITUTE FOR 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 immediate family member or
03 certain employers; requiring a legislator to request to be excused from voting in an
04 instance where the legislator may have a financial conflict of interest; and providing for
05 an effective date."
06 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA:
07 * Section 1. AS 24.60.030(e) is amended to read:
08 (e) A legislator may not directly, or by authorizing another to act on the
09 legislator's behalf,
10 (1) agree to, threaten to, or state or imply that the legislator will take or
11 withhold a legislative, administrative, or political action, including support for or
12 opposition to a bill, employment, nominations, and appointments, as a result of a
13 person's decision to provide or not provide a political contribution, donate or not
01 donate to a cause favored by the legislator, or provide or not provide a thing of value;
02 (2) state or imply that the legislator will perform or refrain from
03 performing a lawful constituent service as a result of a person's decision to provide or
04 not provide a political contribution, donate or not donate to a cause favored by the
05 legislator, or provide or not provide a thing of value; or
06 (3) except as provided in (g) of this section or while participating
07 in a public discussion or debate [UNLESS REQUIRED BY THE UNIFORM
08 RULES OF THE ALASKA STATE LEGISLATURE], take or withhold official
09 action or exert official influence that could substantially benefit or harm the financial
10 interest of a [ANOTHER] person
11 (A) who is a member of the legislator's immediate family;
12 (B) by [WITH] whom the legislator or a member of the
13 legislator's immediate family is employed;
14 (C) with whom the legislator is negotiating for employment;
15 (D) from whom the legislator or a member of the
16 legislator's immediate family has, in the immediately preceding 12-month
17 period, received more than $10,000 of income.
18 * Sec. 2. AS 24.60.030(g) is amended to read:
19 (g) Unless required by the Uniform Rules of the Alaska State Legislature, a
20 legislator may not vote on a question before a committee of the legislature, and
21 shall request to be excused from voting on a question before a house of the
22 legislature, if the legislator or a member of the legislator's immediate family has a
23 financial [AN EQUITY OR OWNERSHIP] interest in a business, investment, real
24 property, lease, or other enterprise if the interest is substantial and the effect on that
25 interest of the action to be voted on is greater than the effect on a substantial class of
26 persons to which the legislator or the family member who has the financial interest
27 belongs as a member of a profession, occupation, industry, or region. However,
28 notwithstanding (e)(3) of this section and the limitations of this subsection, a
29 legislator may vote on an appropriation bill that meets the requirements of
30 AS 37.07.020(a) or 37.07.100 (Executive Budget Act).
31 * Sec. 3. AS 24.60.030(j) is amended to read:
01 (j) In this section,
02 (1) "administrative hearing" means a quasi-judicial hearing before an
03 agency; "administrative hearing" does not include an informal conference or review
04 held by an agency before a final decision is issued or a rate-making proceeding or
05 other nonadjudicative public hearing;
06 (2) "substantially benefit or harm" means the effect on the
07 person's financial interest is greater than the effect on the financial interest of a
08 substantial class of persons to which the person belongs as a member of a
09 profession, occupation, industry, or region.
10 * Sec. 4. AS 24.60.990(a) is amended by adding a new paragraph to read:
11 (17) "financial interest" means ownership of an interest or an
12 involvement in a business, including a property ownership, or a professional or private
13 relationship, that is a source of income, or from which, or as a result of which, a
14 person has received or expects to receive a financial benefit.
15 * Sec. 5. The uncodified law of the State of Alaska is amended by adding a new section to
16 read:
17 CONDITIONAL EFFECT. This Act takes effect only if the Thirtieth Alaska State
18 Legislature passes a resolution that amends Rule 34(b), Uniform Rules of the Alaska State
19 Legislature, to require a member to request to be excused from voting on a question before a
20 house of the legislature when the member has a conflict of interest that is reasonably likely to
21 influence the member's vote on the question, and allow a member's abstention to be approved
22 or disapproved by a majority vote.
23 * Sec. 6. If, under sec. 5 of this Act, this Act takes effect, it takes effect on the later of the
24 effective date of the amendment made to Rule 34(b), Uniform Rules of the Alaska State
25 Legislature, as described in sec. 5 of this Act or on the date described in AS 01.10.070(c).