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CSSSHB 44(JUD): "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            CS FOR SPONSOR SUBSTITUTE FOR HOUSE BILL NO. 44(JUD)                                                         
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 otherwise required by the Uniform Rules of the Alaska State                                             
20 Legislature, a legislator shall declare a conflict of interest before voting [MAY                                   
21 NOT VOTE] on a question before a committee of the legislature, and shall request                                    
22 to be excused from voting on a question before a house of the legislature, if the                                   
23 legislator or a member of the legislator's immediate family has a financial [AN                                 
24 EQUITY OR OWNERSHIP] interest in a business, investment, real property, lease, or                                       
25 other enterprise if the interest is substantial and the effect on that interest of the action                           
26 to be voted on is greater than the effect on a substantial class of persons to which the                                
27 legislator or the family member who has the financial interest belongs as a member                                  
28 of a profession, occupation, industry, or region. However, notwithstanding (e)(3) of                                
29 this section and the limitations of this subsection, a legislator may vote on an                                    
30 appropriation bill that meets the requirements of AS 37.07.020(a) or 37.07.100                                      
31       (Executive Budget Act).                                                                                       
01    * Sec. 3. AS 24.60.030(j) is amended to read:                                                                      
02            (j)  In this section,                                                                                        
03 (1)  "administrative hearing" means a quasi-judicial hearing before an                                              
04 agency; "administrative hearing" does not include an informal conference or review                                      
05 held by an agency before a final decision is issued or a rate-making proceeding or                                      
06       other nonadjudicative public hearing;                                                                         
07 (2)  "substantially benefit or harm" means the effect on the                                                        
08 person's financial interest is greater than the effect on the financial interest of a                               
09 substantial class of persons to which the person belongs as a member of a                                           
10       profession, occupation, industry, or region.                                                                  
11    * Sec. 4. AS 24.60.990(a) is amended by adding a new paragraph to read:                                          
12 (17)  "financial interest" means ownership of an interest or an                                                         
13 involvement in a business, including a property ownership, or a professional or private                                 
14 relationship, that is a source of income, or from which, or as a result of which, a                                     
15       person has received or expects to receive a financial benefit.                                                    
16    * Sec. 5. The uncodified law of the State of Alaska is amended by adding a new section to                          
17 read:                                                                                                                   
18 CONDITIONAL EFFECT. This Act takes effect only if the Thirtieth Alaska State                                            
19 Legislature passes a resolution that amends Rule 34(b), Uniform Rules of the Alaska State                               
20 Legislature, to require a member to request to be excused from voting on a question before a                            
21 house of the legislature when the member has a conflict of interest that is reasonably likely to                        
22 influence the member's vote on the question, and allow a member's abstention to be approved                             
23 or disapproved by a majority vote.                                                                                      
24    * Sec. 6. If, under sec. 5 of this Act, this Act takes effect, it takes effect on the later of the                 
25 effective date of the amendment made to Rule 34(b), Uniform Rules of the Alaska State                                   
26 Legislature, as described in sec. 5 of this Act or on the date described in AS 01.10.070(c).