SSHB 44: "An Act requiring a legislator to abstain from taking or withholding official action or exerting official influence that could benefit or harm an immediate family member or certain employers; requiring a legislator 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 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).