00                            HOUSE BILL NO. 170                                                                          
01 "An Act relating to the misuse of an official position."                                                                
02 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA:                                                                
03    * Section 1. AS 39.52.120(b) is amended to read:                                                                   
04            (b)  A public officer may not                                                                                
05                 (1)  seek other employment or contracts through the use or attempted                                    
06       use of official position;                                                                                         
07                 (2)  accept, receive, or solicit compensation for the performance of                                    
08       official duties or responsibilities from a person other than the state;                                           
09                 (3)  use state time, property, equipment, or other facilities to benefit                                
10       personal or financial interests;                                                                                  
11                 (4)  take or withhold official action in order to affect a matter in which                              
12       the public officer has a personal or financial interest;                                                          
13                 (5)  attempt to benefit a personal or financial interest through coercion                               
14       of a subordinate or require another public officer to perform services for the private                            
15       benefit of the public officer at any time; [OR]                                                                   

01 (6)  use or authorize the use of state funds, facilities, equipment,                                                    
02 services, or another government asset or resource for partisan political purposes; this                                 
03 paragraph does not prohibit use of the governor's residence for meetings to discuss                                     
04 political strategy and does not prohibit use of state aircraft or the communications                                    
05 equipment in the governor's residence so long as there is no charge to the state for the                                
06       use; in this paragraph, "for partisan political purposes"                                                         
07                      (A)  means having the intent to differentially benefit or harm a                                   
08                           (i)  candidate or potential candidate for elective office;                                    
09                 or                                                                                                      
10                           (ii)  political party or group;                                                               
11                      (B)  but does not include having the intent to benefit the public                                  
12            interest at large through the normal performance of official duties; or                                  
13 (7)  take or withhold official action against a private person on a                                                 
14 matter if the action is not based primarily on a justifiable public purpose; in this                                
15 paragraph, "justifiable public purpose" means a purpose related to the best                                         
16       interests of the state and does not include consideration of a person's                                       
17                      (A)  kinship or relationship with a public officer;                                            
18                      (B)  financial association with a public officer;                                              
19                      (C)  potential for conferring a future benefit on a public                                     
20            officer;                                                                                                 
21                      (D)  public policy opinions, including whether those                                           
22            opinions conflict with the public officer's public policy opinions; or                                   
23                      (E)  political affiliation.