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CSSSHB 44(STA): "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; and requiring a legislator to request to be excused from voting in an instance where the legislator may have a financial conflict of interest."

00            CS FOR SPONSOR SUBSTITUTE FOR HOUSE BILL NO. 44(STA)                                                         
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; and requiring a legislator to request to be excused from voting in an                                
04 instance where the legislator may have a financial conflict of interest."                                               
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)  except as provided in (g) of this section or while participating                                               
05 in a public discussion or debate [UNLESS REQUIRED BY THE UNIFORM                                                    
06 RULES OF THE ALASKA STATE LEGISLATURE], take or withhold official                                                       
07 action or exert official influence that could substantially benefit or harm the financial                               
08       interest of a [ANOTHER] person                                                                                
09                      (A)  who is a member of the legislator's immediate family;                                     
10 (B)  by [WITH] whom the legislator or a member of the                                                           
11            legislator's immediate family is employed;                                                               
12                      (C)  with whom the legislator is negotiating for employment;                               
13 (D)  from whom the legislator or a member of the                                                                    
14 legislator's immediate family has, in the immediately preceding 12-month                                            
15            period, received more than $10,000 of income.                                                            
16    * Sec. 2. AS 24.60.030(g) is amended to read:                                                                      
17 (g)  Unless otherwise required by the Uniform Rules of the Alaska State                                             
18 Legislature, a legislator shall declare a conflict of interest before voting [MAY                                   
19 NOT VOTE] on a question before a committee of the legislature, and shall request                                    
20 to be excused from voting on a question before a house of the legislature, if the                                   
21 legislator or a member of the legislator's immediate family has a financial [AN                                 
22 EQUITY OR OWNERSHIP] interest in a business, investment, real property, lease, or                                       
23 other enterprise if the interest is substantial and the effect on that interest of the action                           
24 to be voted on is greater than the effect on the general public of the state. However,                              
25 notwithstanding (e)(3) of this section and the limitations of this subsection, a                                    
26 legislator may vote on an appropriation bill that meets the requirements of                                         
27 AS 37.07.020(a) or 37.07.100 (Executive Budget Act) [A SUBSTANTIAL CLASS                                            
28 OF PERSONS TO WHICH THE LEGISLATOR BELONGS AS A MEMBER OF A                                                             
29       PROFESSION, OCCUPATION, INDUSTRY, OR REGION].                                                                   
30    * Sec. 3. AS 24.60.030(j) is amended to read:                                                                      
31            (j)  In this section,                                                                                        
01 (1)  "administrative hearing" means a quasi-judicial hearing before an                                              
02 agency; "administrative hearing" does not include an informal conference or review                                      
03 held by an agency before a final decision is issued or a rate-making proceeding or                                      
04       other nonadjudicative public hearing;                                                                         
05                 (2)  "substantially benefit or harm" means the effect on the                                        
06       person's financial interest is greater than the effect on the financial interest of the                       
07       general public of the state.                                                                                  
08    * Sec. 4. AS 24.60.990(a) is amended by adding a new paragraph to read:                                          
09                 (17)  "financial interest" means ownership of an interest or an                                         
10       involvement in a business, including a property ownership, or a professional or private                           
11       relationship, that is a source of income, or from which, or as a result of which, a                               
12       person has received or expects to receive a financial benefit.