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HB 35: "An Act relating to participation in matters before the Board of Fisheries and the Board of Game by the members of the respective boards; and providing for an effective date."

00                              HOUSE BILL NO. 35                                                                          
01 "An Act relating to participation in matters before the Board of Fisheries and the Board                                
02 of Game by the members of the respective boards; and providing for an effective date."                                  
03 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA:                                                                
04    * Section 1. AS 39.52.120(b) is amended to read:                                                                   
05            (b)  A public officer may not                                                                                
06                 (1)  seek other employment or contracts through the use or attempted                                    
07       use of official position;                                                                                         
08                 (2)  accept, receive, or solicit compensation for the performance of                                    
09       official duties or responsibilities from a person other than the state;                                           
10                 (3)  use state time, property, equipment, or other facilities to benefit                                
11       personal or financial interests;                                                                                  
12                 (4)  except as provided in AS 39.52.220(c), take or withhold official                               
13       action in order to affect a matter in which the public officer has a personal or financial                        
14       interest;                                                                                                         
01 (5)  attempt to benefit a personal or financial interest through coercion                                               
02 of a subordinate or require another public officer to perform services for the private                                  
03       benefit of the public officer at any time; or                                                                     
04 (6)  use or authorize the use of state funds, facilities, equipment,                                                    
05 services, or another government asset or resource for partisan political purposes; this                                 
06 paragraph does not prohibit use of the governor's residence for meetings to discuss                                     
07 political strategy and does not prohibit use of state aircraft or the communications                                    
08 equipment in the governor's residence so long as there is no charge to the state for the                                
09       use; in this paragraph, "for partisan political purposes"                                                         
10                      (A)  means having the intent to differentially benefit or harm a                                   
11 (i)  candidate or potential candidate for elective office;                                                              
12                 or                                                                                                      
13                           (ii)  political party or group;                                                               
14 (B)  [BUT] does not include having the intent to benefit the                                                            
15            public interest at large through the normal performance of official duties.                                  
16    * Sec. 2. AS 39.52.220(a) is amended to read:                                                                      
17 (a)  A member of a board or commission who is involved in a matter that may                                             
18 result in a violation of AS 39.52.110 - 39.52.190 shall disclose the matter on the                                      
19 public record and in writing to the designated supervisor and to the attorney general.                                  
20 The supervisor shall determine whether the member's involvement violates                                                
21 AS 39.52.110 - 39.52.190 and shall provide a copy of the written determination to the                                   
22 board or commission member and to the attorney general. If a member of the board or                                     
23 commission objects to the ruling of the supervisor, or if the supervisor discloses an                                   
24 involvement requiring a determination, the members present at a meeting, excluding                                      
25 the involved member, shall vote on the matter. Except as provided for a member of                                   
26 the Board of Fisheries or the Board of Game in (c) of this section, if [IF] the                                     
27 supervisor or a majority of the members voting determine that a violation will exist if                                 
28 the member continues to participate, the member shall refrain from voting,                                              
29       deliberating, or participating in the matter.                                                                     
30    * Sec. 3. AS 39.52.220 is amended by adding a new subsection to read:                                              
31 (c)  If a member of the Board of Fisheries or the Board of Game discloses a                                             
01 personal or financial interest relating to the involvement of the member, or an                                         
02 immediate family member of that member, in a business or organization relating to                                       
03 fish or game resources, the member is not disqualified from deliberating or                                             
04 participating in the matter. If the supervisor or a majority of the members of the                                      
05 respective board determine that the member's further involvement will result in a                                       
06 violation of AS 39.52.110 - 39.52.190, the board member may not vote on the matter.                                     
07       In this subsection, "immediate family member" means                                                               
08                 (1)  the spouse of the member;                                                                          
09 (2)  a person cohabiting with the member in a relationship that is like a                                               
10       marriage but is not a legal marriage; or                                                                          
11                 (3)  a parent, sibling, grandparent, aunt, uncle, child, including a                                    
12       stepchild or adopted child, parent-in-law, or sibling-in-law of the member who                                    
13                      (A)  resides with the member;                                                                      
14                      (B)  is financially dependent on the member; or                                                    
15                      (C)  shares a substantial financial interest with the member.                                      
16    * Sec. 4. This Act takes effect immediately under AS 01.10.070(c).