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FCCS SB 89: "An Act relating to the Legislative Ethics Act; and providing for an effective date."

00                 FREE CONFERENCE CS FOR SENATE BILL NO. 89                                                               
01 "An Act relating to the Legislative Ethics Act; and providing for an effective date."                                   
02 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA:                                                                
03    * Section 1. AS 24.60.010 is amended by adding a new paragraph to read:                                            
04 (9)  a fair and open government requires that constituents have                                                         
05 unencumbered access to legislators about issues important to the state pursuant to art.                                 
06 I, secs. 5 and 6, Constitution of the State of Alaska, which protect the right of a                                     
07 legislator and a constituent to meet and the right of a person to petition the                                          
08       government, and this chapter is not intended to restrict those rights.                                            
09    * Sec. 2. AS 24.60.030(e) is amended to read:                                                                      
10            (e)  A legislator may not directly, or by authorizing another to act on the                                  
11       legislator's behalf,                                                                                              
12 (1)  agree to, threaten to, or state or imply that the legislator will take or                                          
13 withhold a legislative, administrative, or political action, including support for or                                   
14 opposition to a bill, employment, nominations, and appointments, as a result of a                                       
15 person's decision to provide or not provide a political contribution, donate or not                                     
01       donate to a cause favored by the legislator, or provide or not provide a thing of value;                          
02 (2)  state or imply that the legislator will perform or refrain from                                                    
03 performing a lawful constituent service as a result of a person's decision to provide or                                
04 not provide a political contribution, donate or not donate to a cause favored by the                                    
05       legislator, or provide or not provide a thing of value; or                                                        
06 (3)  unless required by the Uniform Rules of the Alaska State                                                       
07 Legislature [EXCEPT AS PROVIDED IN (g) OF THIS SECTION OR WHILE                                                     
08 PARTICIPATING IN A PUBLIC DISCUSSION OR DEBATE], take or withhold                                                       
09 legislative [OFFICIAL] action [OR EXERT OFFICIAL INFLUENCE] that is likely                                      
10 to [COULD] substantially benefit or harm the financial interest of the legislator, the                          
11       legislator's spouse, or a person                                                                              
12 [(A)  WHO IS A MEMBER OF THE LEGISLATOR'S                                                                               
13            IMMEDIATE FAMILY;                                                                                            
14 (B)  BY WHOM THE LEGISLATOR OR A MEMBER OF                                                                              
15            THE LEGISLATOR'S IMMEDIATE FAMILY IS EMPLOYED;                                                               
16 (C)]  with whom the legislator or the legislator's spouse is                                                        
17            employed or is negotiating for employment [;                                                             
18 (D)  FROM WHOM THE LEGISLATOR OR A MEMBER OF                                                                            
19 THE LEGISLATOR'S IMMEDIATE FAMILY HAS, IN THE                                                                           
20 IMMEDIATELY PRECEDING 12-MONTH PERIOD, RECEIVED MORE                                                                    
21            THAN $10,000 OF INCOME].                                                                                     
22    * Sec. 3. AS 24.60.030(g) is amended to read:                                                                      
23 (g)  Unless otherwise required by the Uniform Rules of the Alaska State                                                 
24 Legislature, a legislator shall declare a conflict of interest before voting on a question                              
25 before a committee of the legislature, and shall request to be excused from voting on a                                 
26 question before a house of the legislature [LEGISLATURE,] if the effect of the vote                             
27 is likely to substantially benefit or harm the financial interest of the legislator,                                
28 [LEGISLATOR OR A MEMBER OF] the legislator's spouse, or a person with                                               
29 whom the legislator or the legislator's spouse is employed or is negotiating for                                    
30 employment [IMMEDIATE FAMILY HAS A FINANCIAL INTEREST IN A                                                          
31 BUSINESS, INVESTMENT, REAL PROPERTY, LEASE, OR OTHER                                                                    
01 ENTERPRISE IF THE INTEREST IS SUBSTANTIAL AND THE EFFECT ON                                                             
02 THAT INTEREST OF THE ACTION TO BE VOTED ON IS GREATER THAN                                                              
03 THE EFFECT ON THE GENERAL PUBLIC OF THE STATE. HOWEVER,                                                                 
04 NOTWITHSTANDING (e)(3) OF THIS SECTION AND THE LIMITATIONS OF                                                           
05 THIS SUBSECTION, A LEGISLATOR MAY VOTE ON AN APPROPRIATION                                                              
06       BILL THAT MEETS THE REQUIREMENTS OF AS 37.07.020(a) OR 37.07.100].                                                
07    * Sec. 4. AS 24.60.030(j)(2) is amended to read:                                                                   
08 (2)  "substantially benefit or harm" means the effect on the person's                                                   
09 financial interest is greater than the effect on the financial interest of a substantial                            
10       class of persons to which the person belongs as a member of a profession,                                     
11       occupation, industry, or region [THE GENERAL PUBLIC OF THE STATE].                                            
12    * Sec. 5. AS 24.60.030(j) is amended by adding a new paragraph to read:                                            
13                 (3)  "financial interest" means a substantial equity or ownership interest                              
14       in a business, investment, real property, lease, or other enterprise.                                             
15    * Sec. 6. AS 24.60.990(a)(6) is repealed.                                                                          
16    * Sec. 7. This Act takes effect immediately under AS 01.10.070(c).