00 CS FOR HOUSE BILL NO. 35(FSH)
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
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;
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 * Sec. 4. This Act takes effect immediately under AS 01.10.070(c).