CSHB 309(STA): "An Act exempting certain candidates for municipal office and certain 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; relating to the filing of certain public official financial disclosure reports; and providing for an effective date."
00 CS FOR HOUSE BILL NO. 309(STA) 01 "An Act exempting certain candidates for municipal office and certain municipal office 02 holders in municipalities with a population of 15,000 or less from financial or business 03 interest reporting requirements; relating to campaign finance reporting by certain 04 groups; relating to the filing of certain public official financial disclosure reports; and 05 providing for an effective date." 06 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 07 * Section 1. AS 15.13.040(g) is amended to read: 08 (g) The provisions of (a), (b), and (l) of this section do not apply to a 09 (1) delegate to a constitutional convention, a judge seeking judicial 10 retention, or a candidate for election to a municipal office under AS 15.13.010, if that 11 delegate, judge, or candidate 12 (A) [(1)] indicates, on a form prescribed by the commission, an 13 intent not to raise and not to expend more than $5,000 in seeking election to
01 office, including both the primary and general elections; 02 (B) [(2)] accepts contributions totaling not more than $5,000 in 03 seeking election to office, including both the primary and general elections; 04 and 05 (C) [(3)] makes expenditures totaling not more than $5,000 in 06 seeking election to office, including both the primary and general elections; 07 (2) group, if the group 08 (A) indicates, on a form prescribed by the commission, an 09 intent not to raise and not to expend more than $2,500 in a calendar year; 10 (B) accepts contributions totaling not more than $2,500 in a 11 calendar year; and 12 (C) makes expenditures totaling not more than $2,500 in a 13 calendar year. 14 * Sec. 2. AS 15.13.040(m) is amended to read: 15 (m) Information required under this chapter shall be submitted to the 16 commission electronically, except that the following information may be submitted in 17 clear and legible black typeface or hand-printed in dark ink on paper in a format 18 approved by the commission or on forms provided by the commission: 19 (1) information submitted by [(A)] a candidate for election to a 20 borough or city office of mayor, membership on a borough assembly, city council, or 21 school board, or any state office, who 22 (A) [(i)] meets the requirements of (g)(1) [(g)(1) - (3)] of this 23 section; 24 (B) [OR (ii)] does not have reasonable access to the technology 25 necessary to file electronically; in this subparagraph [SUB- 26 SUBPARAGRAPH], a candidate is considered not to have reasonable access 27 to the technology necessary to file electronically if the candidate does not own 28 a personal computer or does not have broadband Internet access at the 29 candidate's residence; in this subparagraph [SUB-SUBPARAGRAPH], 30 "broadband Internet access" means high-speed Internet access that is always on 31 and that is faster than traditional dial-up access; or
01 (C) [(B)] a candidate for municipal office for a municipality 02 with a population of less than 15,000; in this subparagraph, "municipal office" 03 means the office of an elected borough or city 04 (i) mayor; or 05 (ii) assembly, council, or school board member; 06 (2) information submitted by a group that meets the requirements 07 of (g)(2) of this section; or 08 (3) any information if the commission determines that circumstances 09 warrant an exception to the electronic submission requirement. 10 * Sec. 3. AS 15.58.040(c) is amended to read: 11 (c) Material submitted by a political party may not 12 (1) include images, except for graphic elements including party logos; 13 (2) directly or indirectly advocate 14 (A) for or against, or use the name of, another political party; 15 (B) for the election or defeat or use the name of a person who is 16 (i) a candidate for municipal, state, or federal public 17 office; 18 (ii) a public official, as that term is defined in 19 AS 39.50.200(a); 20 (iii) a municipal officer subject to AS 39.50.090(f); 21 (iv) a member of the legislature; 22 (v) [(iv)] elected or appointed to public office in the federal government. 23 * Sec. 4. AS 39.50.010 is amended to read: 24 Sec. 39.50.010. Findings and purpose. (a) It is declared by the people of the 25 State of Alaska that, subject to (c) of this section, the purposes of this chapter are 26 (1) to discourage public officials from acting on [UPON] a private or 27 business interest in the performance of a public duty; 28 (2) to ensure [ASSURE] that public officials in their official acts are 29 free of the influence of undisclosed private or business interests; 30 (3) to develop public confidence in persons seeking or holding public 31 office, enhance the dignity of the offices and make them attractive to citizens who are
01 motivated to public service; and 02 (4) to develop accountability in government by permitting public 03 access to information necessary to judge the credentials and performance of those who 04 seek and hold public office. 05 (b) The people of the State of Alaska declare that 06 (1) public office is a public trust that should be free from the danger of 07 conflict of interest; 08 (2) the public has a right to know of the financial and business interests 09 of persons who seek or hold certain public offices [OFFICE]; 10 (3) a compelling state interest requires that certain candidates for 11 office and certain office holders disclose their personal and business financial 12 interests; 13 (4) reasonable disclosure requirements do not violate an individual's 14 right to privacy when the individual seeks or holds public office and a compelling 15 state interest in the disclosure exists; and 16 (5) reasonable disclosure requirements do not have the effect of 17 chilling the exercise of the right of a qualified person to seek or hold public office. 18 * Sec. 5. AS 39.50.010 is amended by adding a new subsection to read: 19 (c) Except as provided by AS 39.50.090, this chapter is not applicable to a 20 person who seeks or holds public office in a municipality with a population of 15,000 21 or less. 22 * Sec. 6. AS 39.50.020 is amended to read: 23 Sec. 39.50.020. Report of financial and business interests. (a) A public 24 official other than the governor or the lieutenant governor shall file a statement giving 25 income sources and business interests, under oath and on penalty of perjury, within 30 26 days after taking office as a public official. Candidates for state elective office other 27 than a candidate who is subject to AS 24.60 shall file the statement with the director of 28 elections at the time of filing a declaration of candidacy or a nominating petition or 29 becoming a candidate by any other means. A candidate for borough or city mayor, 30 borough assembly, or city council in a municipality with a population of more 31 than 15,000 [CANDIDATES FOR ELECTIVE MUNICIPAL OFFICE] shall file the
01 statement at the time of filing a nominating petition, declaration of candidacy, or other 02 required filing for the [ELECTIVE MUNICIPAL] office. Refusal or failure to file 03 within the time prescribed shall require that the candidate's filing fees, if any, and 04 filing for office be refused or that a previously accepted filing fee be returned and the 05 candidate's name removed from the filing records. A statement shall also be filed by 06 public officials not [NO] later than March 15 in each following year. On or before the 07 90th day after leaving office, a former public official shall file a final statement 08 covering any period during the official's service in that office for which the public 09 official has not already filed a statement. Persons who are members of boards or 10 commissions not named in AS 39.50.200(b) are not required to file financial 11 statements. 12 (b) A public official or former public official other than a [AN ELECTED OR 13 APPOINTED] municipal officer shall file the statement with the Alaska Public 14 Offices Commission. Candidates for the office of governor and lieutenant governor 15 and, if the candidate is not subject to AS 24.60, the legislature shall file the statement 16 under AS 15.25.030. A current or former borough or city mayor, borough 17 assembly member, or city council member, or a candidate for the office of 18 borough or city mayor, borough assembly, or city council in a municipality with 19 a population of more than 15,000 [MUNICIPAL OFFICERS, FORMER 20 MUNICIPAL OFFICERS, AND CANDIDATES FOR ELECTIVE MUNICIPAL 21 OFFICE] shall file with the municipal clerk or other municipal official designated to 22 receive their filing for office. All statements required to be filed under this chapter are 23 public records. 24 * Sec. 7. AS 39.50.050(a) is amended to read: 25 (a) The Alaska Public Offices Commission created under AS 15.13.020(a) 26 shall administer the provisions of this chapter. The commission shall prepare and keep 27 available for distribution standardized forms on which the reports required by this 28 chapter shall be filed. The commission shall print the forms provided under this 29 section so that the front and back of each page have the same orientation when the 30 page is rotated on the vertical axis of the page. The commission shall require that the 31 information required under this chapter be submitted electronically but may, when
01 circumstances warrant an exception, accept any information required under this 02 chapter that is typed in clear and legible black typeface or hand-printed in dark ink on 03 paper in a format approved by the commission or on forms provided by the 04 commission and that is filed with the commission. [A MUNICIPAL OFFICER FOR A 05 MUNICIPALITY WITH A POPULATION OF LESS THAN 15,000 SHALL 06 SUBMIT INFORMATION REQUIRED UNDER THIS CHAPTER EITHER 07 ELECTRONICALLY OR TYPED OR HAND-PRINTED IN THE MANNER 08 DESCRIBED IN THIS SUBSECTION.] 09 * Sec. 8. AS 39.50.050(c) is amended to read: 10 (c) A report filed under this chapter is a public record. The commission 11 shall post on the commission's Internet website a report filed under this chapter 12 on or after July 1, 2022, by an elected public official or a candidate for elective 13 office in a manner that makes the report accessible to the public. The commission 14 shall keep a report [REPORTS] filed under this chapter [SHALL BE KEPT] on file 15 for [AT LEAST] six years. After six years, a report filed under this chapter is no 16 longer a public record, and the commission shall remove the report from the 17 commission's Internet website [AND ARE PUBLIC RECORDS]. 18 * Sec. 9. AS 39.50.090(f) is amended to read: 19 (f) In this section, "public official" includes, in addition to the persons 20 specified in AS 39.50.200(a), 21 (1) chairs [CHAIRMEN] and members of all commissions and boards 22 created by statute or administrative action as agencies of the state; and 23 (2) elected and appointed municipal officers, including school 24 board members, elected utility board members, city or borough managers, and 25 members of a city or borough planning or zoning commission within a home rule 26 or general law city or borough or a unified municipality. 27 * Sec. 10. AS 39.50.145 is amended by adding a new subsection to read: 28 (b) Notwithstanding an exemption elected under (a) of this section, a 29 municipal officer or a candidate for municipal office may file a report of financial 30 interests with the commission. The commission shall maintain a report filed under this 31 subsection as a public record while kept on file, but a person who files a report under
01 this subsection is not subject to the requirements of AS 39.50.060, 39.50.070, or 02 39.50.135. In this subsection, "municipal officer" includes a borough or city mayor, 03 borough assembly member, city council member, school board member, elected utility 04 board member, city or borough manager, or member of a city or borough planning or 05 zoning commission within a home rule or general law city or borough or a unified 06 municipality. 07 * Sec. 11. AS 39.50.200(a)(8) is amended to read: 08 (8) "municipal officer" means [INCLUDES] a borough or city mayor, 09 borough assembly member [ASSEMBLYMAN], or city council member of 10 [COUNCILMAN, SCHOOL BOARD MEMBER, ELECTED UTILITY BOARD 11 MEMBER, CITY OR BOROUGH MANAGER, MEMBERS OF A CITY OR 12 BOROUGH PLANNING OR ZONING COMMISSION WITHIN] a home rule or 13 general law city or borough [,] or a unified municipality with a population of more 14 than 15,000; 15 * Sec. 12. This Act takes effect July 1, 2022.