Enrolled SB 89: Relating to the Legislative Ethics Act; and providing for an effective date.
00Enrolled SB 89 01 Relating to the Legislative Ethics Act; and providing for an effective date. 02 _______________ 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 under art. I, 06 secs. 5 and 6, Constitution of the State of Alaska, which protect the right of a legislator 07 and a constituent to meet and the right of a person to petition the government, and this 08 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 [,] if the effect of the vote is likely to 27 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).