HB 309: "An Act exempting candidates for municipal office and municipal office holders in municipalities with a population of 15,000 or less from financial or business interest reporting requirements; relating to campaign finance reporting by certain groups; and providing for an effective date."
00 HOUSE BILL NO. 309 01 "An Act exempting candidates for municipal office and municipal office holders in 02 municipalities with a population of 15,000 or less from financial or business interest 03 reporting requirements; relating to campaign finance reporting by certain groups; and 04 providing for an effective date." 05 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 06 * Section 1. AS 15.13.040(g) is amended to read: 07 (g) The provisions of (a), (b), and (l) of this section do not apply to a 08 (1) delegate to a constitutional convention, a judge seeking judicial 09 retention, or a candidate for election to a municipal office under AS 15.13.010, if that 10 delegate, judge, or candidate 11 (A) [(1)] indicates, on a form prescribed by the commission, an 12 intent not to raise and not to expend more than $5,000 in seeking election to 13 office, including both the primary and general elections; 14 (B) [(2)] accepts contributions totaling not more than $5,000 in
01 seeking election to office, including both the primary and general elections; 02 and 03 (C) [(3)] makes expenditures totaling not more than $5,000 in 04 seeking election to office, including both the primary and general elections; 05 (2) group, if the group 06 (A) indicates, on a form prescribed by the commission, an 07 intent not to raise and not to expend more than $2,500 in a calendar year; 08 (B) accepts contributions totaling not more than $2,500 in a 09 calendar year; and 10 (C) makes expenditures totaling not more than $2,500 in a 11 calendar year. 12 * Sec. 2. AS 15.13.040(m) is amended to read: 13 (m) Information required under this chapter shall be submitted to the 14 commission electronically, except that the following information may be submitted in 15 clear and legible black typeface or hand-printed in dark ink on paper in a format 16 approved by the commission or on forms provided by the commission: 17 (1) information submitted by [(A)] a candidate for election to a 18 borough or city office of mayor, membership on a borough assembly, city council, or 19 school board, or any state office, who 20 (A) [(i)] meets the requirements of (g)(1) [(g)(1) - (3)] of this 21 section; 22 (B) [OR (ii)] does not have reasonable access to the technology 23 necessary to file electronically; in this subparagraph [SUB- 24 SUBPARAGRAPH], a candidate is considered not to have reasonable access 25 to the technology necessary to file electronically if the candidate does not own 26 a personal computer or does not have broadband Internet access at the 27 candidate's residence; in this subparagraph [SUB-SUBPARAGRAPH], 28 "broadband Internet access" means high-speed Internet access that is always on 29 and that is faster than traditional dial-up access; or 30 (C) [(B)] a candidate for municipal office for a municipality 31 with a population of less than 15,000; in this subparagraph, "municipal office"
01 means the office of an elected borough or city 02 (i) mayor; or 03 (ii) assembly, council, or school board member; 04 (2) any information if the commission determines that circumstances 05 warrant an exception to the electronic submission requirement. 06 * Sec. 3. AS 15.58.040(c) is amended to read: 07 (c) Material submitted by a political party may not 08 (1) include images, except for graphic elements including party logos; 09 (2) directly or indirectly advocate 10 (A) for or against, or use the name of, another political party; 11 (B) for the election or defeat or use the name of a person who is 12 (i) a candidate for municipal, state, or federal public 13 office; 14 (ii) a public official, as that term is defined in 15 AS 39.50.200(a); 16 (iii) a municipal officer subject to AS 39.50.090(f); 17 (iv) a member of the legislature; 18 (v) [(iv)] elected or appointed to public office in the 19 federal government. 20 * Sec. 4. AS 39.50.010 is amended to read: 21 Sec. 39.50.010. Findings and purpose. (a) It is declared by the people of the 22 State of Alaska that, subject to (c) of this section, the purposes of this chapter are 23 (1) to discourage public officials from acting on [UPON] a private or 24 business interest in the performance of a public duty; 25 (2) to ensure [ASSURE] that public officials in their official acts are 26 free of the influence of undisclosed private or business interests; 27 (3) to develop public confidence in persons seeking or holding public 28 office, enhance the dignity of the offices and make them attractive to citizens who are 29 motivated to public service; and 30 (4) to develop accountability in government by permitting public 31 access to information necessary to judge the credentials and performance of those who
01 seek and hold public office. 02 (b) The people of the State of Alaska declare that 03 (1) public office is a public trust that should be free from the danger of 04 conflict of interest; 05 (2) the public has a right to know of the financial and business interests 06 of persons who seek or hold certain public offices [OFFICE]; 07 (3) a compelling state interest requires that certain candidates for 08 office and certain office holders disclose their personal and business financial 09 interests; 10 (4) reasonable disclosure requirements do not violate an individual's 11 right to privacy when the individual seeks or holds public office and a compelling 12 state interest in the disclosure exists; and 13 (5) reasonable disclosure requirements do not have the effect of 14 chilling the exercise of the right of a qualified person to seek or hold public office. 15 * Sec. 5. AS 39.50.010 is amended by adding a new subsection to read: 16 (c) Except as provided by AS 39.50.090, this chapter is not applicable to a 17 person who seeks or holds public office in a municipality with a population of 15,000 18 or less. 19 * Sec. 6. AS 39.50.020 is amended to read: 20 Sec. 39.50.020. Report of financial and business interests. (a) A public 21 official other than the governor or the lieutenant governor shall file a statement giving 22 income sources and business interests, under oath and on penalty of perjury, within 30 23 days after taking office as a public official. Candidates for state elective office other 24 than a candidate who is subject to AS 24.60 shall file the statement with the director of 25 elections at the time of filing a declaration of candidacy or a nominating petition or 26 becoming a candidate by any other means. Candidates for elective municipal office in 27 a municipality with a population of more than 15,000 shall file the statement at the 28 time of filing a nominating petition, declaration of candidacy, or other required filing 29 for the elective municipal office. Refusal or failure to file within the time prescribed 30 shall require that the candidate's filing fees, if any, and filing for office be refused or 31 that a previously accepted filing fee be returned and the candidate's name removed
01 from the filing records. A statement shall also be filed by public officials not [NO] 02 later than March 15 in each following year. On or before the 90th day after leaving 03 office, a former public official shall file a final statement covering any period during 04 the official's service in that office for which the public official has not already filed a 05 statement. Persons who are members of boards or commissions not named in 06 AS 39.50.200(b) are not required to file financial statements. 07 (b) A public official or former public official other than an elected or 08 appointed municipal officer shall file the statement with the Alaska Public Offices 09 Commission. Candidates for the office of governor and lieutenant governor and, if the 10 candidate is not subject to AS 24.60, the legislature shall file the statement under 11 AS 15.25.030. Municipal officers, former municipal officers, and candidates for 12 elective municipal office in a municipality with a population of more than 15,000 13 shall file with the municipal clerk or other municipal official designated to receive 14 their filing for office. All statements required to be filed under this chapter are public 15 records. 16 * Sec. 7. AS 39.50.050(a) is amended to read: 17 (a) The Alaska Public Offices Commission created under AS 15.13.020(a) 18 shall administer the provisions of this chapter. The commission shall prepare and keep 19 available for distribution standardized forms on which the reports required by this 20 chapter shall be filed. The commission shall print the forms provided under this 21 section so that the front and back of each page have the same orientation when the 22 page is rotated on the vertical axis of the page. The commission shall require that the 23 information required under this chapter be submitted electronically but may, when 24 circumstances warrant an exception, accept any information required under this 25 chapter that is typed in clear and legible black typeface or hand-printed in dark ink on 26 paper in a format approved by the commission or on forms provided by the 27 commission and that is filed with the commission. [A MUNICIPAL OFFICER FOR A 28 MUNICIPALITY WITH A POPULATION OF LESS THAN 15,000 SHALL 29 SUBMIT INFORMATION REQUIRED UNDER THIS CHAPTER EITHER 30 ELECTRONICALLY OR TYPED OR HAND-PRINTED IN THE MANNER 31 DESCRIBED IN THIS SUBSECTION.]
01 * Sec. 8. AS 39.50.090(f) is amended to read: 02 (f) In this section, "public official" includes, in addition to the persons 03 specified in AS 39.50.200(a), 04 (1) chairmen and members of all commissions and boards created by 05 statute or administrative action as agencies of the state; and 06 (2) municipal officers in a community with a population of 15,000 07 or less, including borough and city mayors, borough assemblymen, city 08 councilmen, school board members, elected utility board members, city or 09 borough managers, and members of a city or borough planning or zoning 10 commission within a home rule or general law city or borough or a unified 11 municipality. 12 * Sec. 9. AS 39.50.200(a)(8) is amended to read: 13 (8) "municipal officer" means a municipal officer in a community 14 with a population of more than 15,000, including [INCLUDES] a borough or city 15 mayor, borough assemblyman, city councilman, school board member, elected utility 16 board member, city or borough manager, members of a city or borough planning or 17 zoning commission within a home rule or general law city or borough, or a unified 18 municipality; 19 * Sec. 10. This Act takes effect January 1, 2023.