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CSHB 91(STA): "An Act relating to fees for certain persons filing disclosure statements or other reports with the Alaska Public Offices Commission; relating to the registration fees for legislative lobbyists; and providing for an effective date."

00                       CS FOR HOUSE BILL NO. 91(STA)                                                                     
01 "An Act relating to fees for certain persons filing disclosure statements or other reports                              
02 with the Alaska Public Offices Commission; relating to the registration fees for                                        
03 legislative lobbyists; and providing for an effective date."                                                            
04 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA:                                                                
05    * Section 1. AS 15.13 is amended by adding a new section to read:                                                  
06 Sec. 15.13.054. Administrative registration fee. (a) Except as provided in (b)                                        
07 of this section, each year that a person other than a candidate, a group, or a nongroup                                 
08 entity is required under this chapter to file a report with the commission, the person,                                 
09 group, or nongroup entity shall pay an administrative registration fee of $100 to the                                   
10 commission. Except as provided in (b) of this section, a candidate shall pay an                                         
11 administrative fee of $100 to the commission when the candidate files the name and                                      
12 address of the candidate's campaign treasurer under AS 15.13.060(c). The person,                                        
13 group, nongroup entity, or candidate shall pay the fee in the manner and by the method                                  
14       specified by the commission.                                                                                      
01            (b)  This section does not apply to                                                                          
02                 (1)  a delegate to a constitutional convention, a judge seeking judicial                                
03       retention, or a candidate for election to a municipal office who is exempted from                                 
04       reporting to the commission under AS 15.13.040(g); or                                                             
05                 (2)  a nongroup entity with an annual operating budget of $250 or less.                                 
06    * Sec. 2. AS 15.13.390(a) is amended to read:                                                                      
07 (a)  A person who fails to register when required by AS 15.13.050(a) or who                                             
08 fails to file a properly completed and certified report within the time required by                                     
09 AS 15.13.040, 15.13.060(b) - (d), 15.13.110(a)(1), (3), or (4), (e), or (f) is subject to a                             
10 civil penalty of not more than $50 a day for each day the delinquency continues as                                      
11 determined by the commission subject to right of appeal to the superior court. A                                        
12 person who fails to file a properly completed and certified report within the time                                      
13 required by AS 15.13.110(a)(2) or 15.13.110(b) is subject to a civil penalty of not                                     
14 more than $500 a day for each day the delinquency continues as determined by the                                        
15 commission subject to right of appeal to the superior court. A person who violates a                                    
16 provision of this chapter, except a provision requiring registration or filing of a report                              
17 within a time required as otherwise specified in this section, is subject to a civil                                    
18 penalty of not more than $50 a day for each day the violation continues as determined                                   
19 by the commission, subject to right of appeal to the superior court. An affidavit stating                               
20 facts in mitigation may be submitted to the commission by a person against whom a                                       
21 civil penalty is assessed. However, the imposition of the penalties prescribed in this                                  
22 section or in AS 15.13.380 does not excuse that person from registering or filing                                       
23 reports required by this chapter or paying the administrative registration fee levied                               
24       under AS 15.13.054.                                                                                           
25    * Sec. 3. AS 24.45.041(g) is amended to read:                                                                      
26 (g)  An application for registration as a lobbyist under (a) of this section or for                                     
27 renewal of a registration under (f) of this section is subject to the [A] fee prescribed                        
28 by this subsection [OF $250]. The commission may not accept an application for                                      
29 registration or renew a registration until the fee is paid. This subsection does not apply                              
30 to a volunteer lobbyist under AS 24.45.161 or a representational lobbyist under                                         
31 regulations of the commission. For each lobbying contract, a lobbyist shall pay a                                   
01       fee of                                                                                                        
02                 (1)  $350 for a contract with a value of less than $30,000;                                         
03                 (2)  $650 for a contract with a value of between $30,000 and                                        
04       $60,000; and                                                                                                  
05                 (3)  $850 for a contract with a value of more than $60,000.                                         
06    * Sec. 4. AS 24.60 is amended by adding a new section to read:                                                     
07 Sec. 24.60.238. Administrative registration fee. A person required to report                                          
08 under this chapter shall pay an administrative registration fee of $50 to the Alaska                                    
09 Public Offices Commission each year in which a report is due. The person shall pay                                      
10 the fee in the manner and by the method specified by the Alaska Public Offices                                          
11       Commission.                                                                                                       
12    * Sec. 5. AS 24.60.240 is amended to read:                                                                         
13 Sec. 24.60.240. Civil penalty for late filing. A person required to file a                                            
14 disclosure statement under AS 24.60.200 who fails to file a properly completed report                                   
15 under AS 24.60.200 or who fails to pay the administrative registration fee levied                                   
16 under AS 24.60.238 is subject to a civil penalty of not more than $10 a day for each                                
17 day the delinquency continues as the Alaska Public Offices Commission determines,                                       
18 subject to appeal to the superior court. An affidavit stating facts in mitigation may be                                
19 submitted to the Alaska Public Offices Commission by the person against whom the                                        
20 civil penalty is assessed. However, the imposition of the penalties prescribed in this                                  
21 section does not excuse the person from filing reports required by AS 24.60.200 or                                  
22       paying the administrative registration fee levied under AS 24.60.238.                                         
23    * Sec. 6. AS 37.05.146(c) is amended by adding a new paragraph to read:                                            
24                 (90)  fees collected by the Alaska Public Offices Commission.                                           
25    * Sec. 7. AS 39.50 is amended by adding a new section to read:                                                     
26 Sec. 39.50.132. Administrative registration fee. Except as otherwise                                                  
27 provided in this section, a public official or former public official required to file a                                
28 report under AS 39.50.020 shall pay the commission an annual administrative                                             
29 registration fee of $50 each year in which a report is due. The public official or former                               
30 public official shall pay the fee in the manner and by the method specified by the                                      
31 commission. This section does not apply to a public official or former public official                                  
01 who, as a municipal officer for a municipality with a population of less than 15,000, is                                
02       required to file a report under AS 39.50.020.                                                                     
03    * Sec. 8. AS 39.50.135 is amended to read:                                                                         
04 Sec. 39.50.135. Civil penalty: late [LATE] filing of required reports. A                                            
05 person who fails to file a properly completed and certified report within the time                                      
06 required by this chapter or who fails to pay the administrative registration fee                                    
07 levied under AS 39.50.132 is subject to a civil penalty of not more than $10 a day for                              
08 each day the delinquency continues as the commission determines subject to appeal to                                    
09 the superior court. An affidavit stating facts in mitigation may be submitted to the                                    
10 commission by a person against whom a civil penalty is assessed. However, the                                           
11 imposition of the penalties prescribed in this section or in AS 39.50.060 - 39.50.130                                   
12 does not excuse that person from filing reports required by this chapter or from                                    
13       paying the administrative registration fee levied under AS 39.50.132.                                         
14    * Sec. 9. This Act takes effect January 1, 2018.