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.