Legislature(1997 - 1998)
03/24/1998 01:55 PM House FIN
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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
HOUSE FINANCE COMMITTEE
APRIL 24, 1998
1:55 P.M.
TAPE HFC 98 - 125, Side 1
TAPE HFC 98 - 125, Side 2
TAPE HFC 98 - 126, Side 1
CALL TO ORDER
Co-Chair Gene Therriault called the House Finance Committee
meeting to order at 1:55 p.m.
PRESENT
Co-Chair Hanley Representative Kelly
Co-Chair Therriault Representative Kohring
Representative Davies Representative Martin
Representative Davis Representative Moses
Representative Foster Representative Mulder
Representative Grussendorf
ALSO PRESENT
Ben Brown, Staff, Senator Kelly, Neil Slotnick, Assistant
Attorney General, Commercial Section, Department of Law.
SUMMARY
SB 105 "An Act relating to legislative ethics; relating
to the filing of disclosures by certain
legislative employees and officials; and providing
for an effective date."
SB was HELD in Committee for further
consideration.
"An Act relating to legislative ethics; relating to the
filing of disclosures by certain legislative employees
and officials; and providing for an effective date."
BEN BROWN, STAFF, SENATOR KELLY spoke in support of SB 273.
The Select Committee on Legislative Ethics requested the
legislation. It incorporates several recommendations to
improve the legislative ethics code passed in 1992. The
legislation also deals with the State Elections Act and the
Executive Branch Ethics Act. The State Elections Act was
amended due to concerns regarding fundraising during the
legislative session. He observed that section 1 has already
been enacted into state law. He noted that there are some
issues in the State Elections Act that the bill needs to
address. The Executive Branch Ethics Act is being amended
to more closely correspond to the Legislative Ethics Act.
He reviewed SB 273:
SECTION 1: AS 15.13.072.(d) PROHIBITED SOLICITATION &
ACCEPTANCE OF CONTRIBUTIONS. This section will be removed
from the next proposed committee substitute because it has
already been incorporated into law with the passage of SB
275.
SECTION 2: AS 15.13.074(c) PROHIBITED CONTRIBUTIONS Some
of this language was included in SB 273. The date that the
proclamation is filled would remain. Section 2 would also
lengthen the period of time after an election in which a
candidate may continue to raise money to either 60 days
after the election or the end of the calendar year,
whichever comes first.
Mr. Brown noted that sections 3, 4 and 5 relate to disposal
of unused campaign assets, a provision of the Campaign
Finance Reform Initiative. Unused funds can be transferred
to an office account. The office account was called the
Legislative Office Account, which created confusion with the
Legislative Affairs Agency office account. The accounts
were renamed as the Public Office Expense Term (POET)
account. A POET reserve account was created to allow
funding to be transferred at $5 thousand dollars a year to
minimize the tax debt. The POET account statutes are made
retroactive.
SECTION 3: AS 15.13.110(a) POET ACCOUNT REFERENCE IN
REPORTING REQUIREMENTS This section changes the name of the
account a victorious legislative candidate can establish
with unused campaign assets under 15.13.116, from
legislative office account to Public Office Expense Term
(POET) account.
SECTION 4: AS 15.13.116(a) DISBURSEMENT OF CAMPAIGN ASSETS
This section allows a transfer of unused campaign assets to
a POET account or to a POET account reserve in accordance
with the new subsection which follows. Sections 93, 94, and
95 allow this section and Section 5 to take effect
immediately and to be retroactive to the 31st of December
1996.
SECTION 5: AS 15.13.116(d) DISBURSEMENT OF CAMPAIGN ASSETS
This section adds a new subsection (d) which allows a
legislator to transfer up to $5000 annually from a POET
account reserve to a POET account. It further allows a
transfer of unused campaign assets of up to $20,000 by
senators and $10,000 by representatives to a POET reserve.
SECTION 6: AS 23.20.526(d) EXCLUSION FROM DEFINITION OF
`EMPLOYMENT' This section makes a conforming amendment
based on changes in this bill to the Public Official
Financial Disclosure law (39.50) to ensure that public
employees who are eligible for unemployment compensation
remain eligible. (Refer to Attachment 1 - Cramer memo, 13th
February `98.)
SECTION 7: AS 24.25.010(e) SUBPEONA POWERS: The Legislative
Ethics Code specifically grants the Ethics Committee
authority to subpoena witnesses under 24.60.150(b)(2). This
section amends the statute that sets out general authority
for legislative subpoenas and requires presiding officers'
concurrence, providing that the section does not apply to
the ethics committee, as it currently does not apply to the
Legislative Council or the Legislative Budget & Audit
Committee. Like the Ethics Committee, both Leg Council and
LB&A are permanent interim committees with express grants of
authority to subpoena witnesses.
Mr. Brown explained that a problem could occur if the
Speaker or President or their staff were the subject of a
complaint, they would have to concur in the issuance of a
subpoena. This would be a conflict of interest.
SECTION 8: AS 24.45.041(b) REPORTING OF SPOUSAL
RELATIONSHIPS BY LOBBYISTS This section adds a new
provision to the law requiring legislative lobbyists to
disclose spousal relationships with legislators, legislative
employees, and some public officials. It cites the
definition of spousal equivalent at 39.50.030(g).
SECTION 9: AS 24.45.171(12) DEFINITIONS This section
clarifies the definitions of public official and public
officer in relation to the legislative lobbying law,
excluding judicial and municipal officers, but including
legislative directors.
Mr. Brown noted that sections 10 - 60 deal with the
Legislative Ethics Code.
SECTION 10: AS 24.60.030(a) LEGISLATIVE ETHICS CODE
BEHAVIORAL RESTRICTIONS This section amends the Legislative
Ethics Code to refine the restrictions on behavior by
persons in the legislative branch. It specifically
disallows the use of public resources for nonlegislative
purposes or for partisan political purposes. It allows
limited use of some resources if the cost is nominal or
reimbursement is made, and permits facsimile use on the same
terms as telephone use.
"Nongovernmental" was changed to "nonlegislative". New
language was added to clarify that the use of public funds,
facilities, equipment, services, or government asset or
resource for a nonlegislative purpose, for involvement in
or support of or opposition to partisan political activity,
or was prohibited. Limited use of state property and
resources for personal purposes if the use does not
interfere with the performance of public duties and either
the cost or value related to the use is nominal or the
legislator or legislative employee reimburses the state for
the cost of the use is allowed. "Facsimile" was added on
page 10, line 29.
Section 10 allows Leg Council to designate space for health
and fitness purposes to allow legislative use of the Capitol
School gym. This language was added to address the issue
that space solely used by legislators may be a violation of
the code. The Ethics Committee issued an advisory opinion
that would not allow equipment bought by legislators to be
used in a public space as a private benefit. The Capitol
School gym will be a shared space.
Section 10 also allows legislators to use their private
offices in the Capitol during session, and for a five-day
window before and after session, for personal or political
purposes if there is no cost and the use doesn't interfere
with performance of public duties. Mr. Brown stated that
the legislation "allows legislators, and not staff, to have
a special bubble of protection around them in their private
offices. So, they can use them to continue being active in
whatever businesses or socials that they would have been
back in home, if there is no cost or it is very minimal, or
there is reimbursement."
SECTION 11: AS 24.60.030(c) POLITICAL MASS MAILING This
section extends a current provision of the Legislative
Ethics Code which prohibits use of state funds to print or
distribute a mass mailing from or about a legislator who is
a candidate for State office during the period 90 days
before the primary and ending the day after the general
election. The current ban is expanded to include
legislative employees. It also expands the ban to
candidates for federal or municipal office, or for telephone
or electric co-operative boards. This prohibition does not
apply to a legislator's LAA office allowance, and would
therefore primarily restrict the use of committee or
leadership funds for a political mass mailing.
Co-Chair Therriault questioned if the ban would apply to
staff time spent folding or stuffing mailings. Mr. Brown
stated that legislator's would not be protected for using
staff time for campaign mailings. Mailings would have to be
for legitimate legislative use.
SECTION 12: AS 24.60.030(d) CAMPAIGN LITERATURE This
section adds fundraising notices to the list of current
prohibitions on distributing or posting campaign literature
in State facilities. It expands the current prohibition to
include legislative employees, and allows a legislator to
post materials related to "nostalgic" materials, such as a
past election in a private legislative office.
SECTION 13: AS 24.60.030(f) BOARD MEMBERSHIP This section
changes the board membership disclosure period from 30 days
to 60 days and requires the ethics committee to publish
disclosures in the journal. It exempts legislators and
legislative employees whose appointments are already
published in the journal from disclosing redundantly. Many
state boards and commissions have legislative members who
are appointed by the Speaker. This eliminates redundant
disclosures.
SECTION 14: AS 24.60.030(g) CONFLICTS OF INTERESTS This
substantially changes the prohibition on participating in
legislative, political or administrative action, if there is
an equity or ownership interest in something that the action
affects. Unless forced to by the Uniform Rules a legislator
could not vote on a question if the legislator has an
interest. It deletes language relating to participation in
legislative, political or administrative action. It assumes
that the appropriate time for the public to be informed and
for a person not to be able to act is when they vote. The
drafting of amendments and preparatory work before the vote
would not have to be disclosed.
Mr. Brown observed that section 14 is being conformed to
common practice.
SECTION 15: AS 24.60.030(h) POLITICAL ACTIVITY DURING THE
WORK DAY This section adds a new subsection to the
restrictions on legislative behavior, which requires an
employee to take leave for the period of time the employee
is engaged in political campaign activities, other than
incidental campaign activities. It permits political
campaign activities on government time if the activities are
part of the normal legislative duties, including answering
phone calls and handling incoming correspondence.
SECTION 16: AS 24.60.031(a) FUNDRAISING DURING SESSION
This section clarifies that the restrictions on fundraising
during session are in effect on a day when either body is in
regular or special session. It prevents a legislator or
legislative employee from soliciting or accepting
contributions for legislative campaigns during session,
accepting money from an event held for legislative political
purposes during session, or expending money for a
legislative campaign if the money was raised during session.
An exemption was added in State Affairs for contributions
made in the 90 days preceding an election in which a
legislator is a candidate.
Mr. Brown observed that the components of SB 275 are not in
compliance with this section of the Legislative Ethics Law.
Legislators seeking statewide office are permitted to raise
money under SB 275. Under current law, legislators would
not be able to raise money during a special session. Under
SB 105 legislators could continue fund raising during a
special as long as it is not 90 days proceeding the
election.
SECTION 17: AS 24.60.031(c) BAN ON FUNDRAISING WHEN
TRAVELING AT STATE EXPENSE This section adds new
subsections to the fundraising restrictions in the
Legislative Ethics Code. Subsection (c) prevents travel at
State expense to a place where a fundraiser is planned
within 48 hours of the travel. It allows State-paid travel
if the fundraiser is at least 48 hours after the travel
occurs, if a subsequent trip (not paid for by the State) is
made between the two locations, or if the travel is to
convene or adjourn for a legislative session in the capital
city. Subsection (e) defines `campaign fundraising event'.
Mr. Brown observed that the intent is that fundraising be
allowed following the convening or adjourning travel.
Similar language was added to the Executive Branch Ethics
Act to govern the conduct of the Governor and Lieutenant
Governor.
Co-Chair Therriault questioned how the provision would work.
Members concluded that further clarification was needed.
Mr. Brown stated that he had prepared an amendment to
address a second trip. Representative Davies observed that
Ethics Committee has advised him to apportion the cost of
trips that include state and private business. He noted
that it is difficult to apportion costs. He recommended
that half of the cost be paid from campaign funds. He noted
the imposition on the legislator's time. Mr. Brown stated
that he is concern with the definition of fundraising event.
He stated that would work with members for a better
solution.
Mr. Brown explained that the Legislative Ethics Committee
requested section 18.
SECTION 18: AS 24.60.039(b) EMPLOYMENT DISCRIMINATION This
section reflects the ethics committee's shared jurisdiction
with the State Commission for Human Rights on complaints
filed against a legislator or legislative employee
concerning violations of 18.80.220 (Unlawful employment
practices). Current law requires the committee to accept a
complaint alleging a violation of that statute just as it
would hear any other complaint. Section 18 gives the
committee the option of referring those who file a complaint
of employment discrimination to the human rights commission,
deferring consideration of the complaint until after the
commission has completed its proceedings.
SECTION 19: AS 24.60.040(a) CONTRACTS & LEASES This
section broadens contract and lease criteria beyond those
currently in the Legislative Ethics Code to restrict a
legislator or legislative employee from having a financial
interest in a State contract or lease unless it is let
through competitive bidding. It expands in accordance with
the State Procurement Code, is worth $1000 or less annually,
or is standardized under publicly established guidelines and
generally available to the public. This allows
participation in contracts or leases that are let under
36.30, addressing a variety of award methods, including
sole-source. It also allows participation in contracts or
leases let under procedures similar to these, addressing
such agencies as the University, the Railroad, and the
Legislature. The threshold for being involved in a contract
or lease is raised from $1000 to $5000. Section 19 also
requires a legislator or legislative employee to disclose
family members' interests in State contracts or leases, if
they are known or reasonably ought to be known.
SECTION 20: AS 24.60.040(c) CONTRACTS & LEASES This
section adds a new subsection clarifying that a grant,
contract, or lease deriving from a State loan or benefit
program listed in 24.60.050 is not subject to this section.
The ethics committee annually publishes a list of programs
that do not meet the criteria in 24.60.050(a) and requires
disclosure of participation in any of the listed programs.
Section 20 clarifies that a grant that results in a contract
is subject to this section.
SECTION 21: AS 24.60.050(c) REFRAINING FROM PUBLICATION
This section mandates disclosure of involvement in State
programs and loans by the deadline established in 24.60.105.
Persons who received a benefit for the Violent Crimes
Compensation Board would be excluded.
SECTION 22: AS 24.60.060(b) PROTECTIVE ORDER This section
adds a new subsection that specifies Ethics Committee can
issue protective orders. Failure to uphold the protective
order would be a violation of the code. This allows the
committee to broaden discovery by the subject while still
protecting any innocent or uninvolved parties.
SECTION 23: AS 24.60.070(b) DEADLINE FOR CLOSE ECONOMIC
ASSOCIATION DISCLOSURE This section cites 24.60.105 as the
deadline for disclosure of close economic associations, and
adds a 60-day timeline for disclosure of new associations.
SECTION 24: AS 24.60.070(d) SPOUSE/SPOUSAL EQUIVALENT
LOBBYIST DISCLOSURE This section adds a new subsection
which requires a legislator or legislative employee who is
married to or who is the spousal equivalent of a lobbyist,
to disclose under close economic association the name and
address of each of the lobbyist's clients and the total
compensation received from each client annually. Changes to
the list must be reported within 48 hours.
Mr. Brown observed that in the absence of a prohibition on
spousal lobbying that full disclosure was considered the
best approach.
SECTION 25: AS 24.60.080(a) GIFT RESTRICTIONS This section
increases the maximum cumulative annual gift limit in the
Legislative Ethics Code from $100 to $250. It clarifies
that there is a ban on solicitation, acceptance, or receipt
of anything of monetary value from a lobbyist during
session, except for food or beverage for immediate
consumption.
In response to a question by Representative Martin, Mr.
Brown the increase was recommended by the Committee.
Representative Mulder observed that the issue came up when a
member was married during the interim. Mr. Brown pointed
out that gifts from family members do not have to be
reported.
SECTION 26: AS 24.60.080(c) GIFT RESTRICTION EXEMPTIONS
This section clarifies that a stay in a vacation home
located outside the State is not an exempted gift. It
allows legislators and legislative employees to accept
discounts while on State business if the discount benefits
the State. It allows legislators and their personal staff
(but not other legislative employees) to accept discounts
and welcoming gifts in the capital city during session.
Mr. Brown noted that welcoming gifts would have to be
offered to all 60 offices, including both majority and
minority offices.
SECTION 27: AS 24.60.080(d) GIFT REPORTING This section
increases the reference to the maximum cumulative annual
gift limit from $100 to $250. It mandates reporting of
gifts of travel and hospitality within 30 days of receipt of
the gift. It changes the reporting deadline for gifts not
related to legislative status to the 15th of March of the
following year, and specifies that the disclosure need
include only a description of the gift and the giver's
identity (not the actual value). Section 27 also calls for
the ethics committee to forward gift disclosures by
legislators and legislative directors to APOC.
Mr. Brown noted that this is the first deadline change. The
legislation changes the APOC date to March 15th. The goal
is to simplify the disclosure process. He observed that
legislators would not have to list gifts twice, since the
Ethics Committee will forward gift disclosures by
legislators and legislative directors to APOC.
SECTION 28: AS 24.60.080(e) `LOW BUDGET' CAMPAIGNS This
section makes a technical change to conform with the State
Elections Act, to allow campaign contributions under $2,500
hundred dollars to fall within the exemption from coverage
by the Legislative Ethics Code.
(Tape Change, HFC 98 - 125, Side 2)
SECTION 29: AS 24.60.080(f) GOVERNMENT GIFTS This section
allows acceptance of a gift from a foreign government, the
U.S. government, another state government, or a municipal
government, on behalf of the Legislature. The gift must be
delivered to Leg Council within 60 days. Gifts under $250
do not have to be reported.
SECTION 30: AS 24.60.080(g) IMMEDIATE FAMILY This section
expands the meaning of the terms `immediate family' and
`family member' only for the purposes of the gift section.
The definition is expanded to include spousal equivalents;
parents, siblings, grandparents, aunts, and uncles of a
spouse or spousal equivalent; and, stepparents, stepsisters,
stepbrothers, step-grandparents, step-aunts, and step-uncles
of a person, a person's spouse, or a person's spousal
equivalent.
Mr. Brown observed that the definition of family member is
narrower in the rest of the ethics code.
SECTION 31: AS 24.60.080 NEW GIFT RESTRICTION EXEMPTIONS
This section adds new exempting subsections to the ban on
receiving gifts. New subsection (h) permits soliciting and
accepting gifts on behalf of charitable organizations, which
is in accordance with advisory opinions issued by the ethics
committee. This allows members to raise money for charity.
New subsection (i) sets out that gifts of volunteer services
for legislative purposes may be accepted by a legislator,
legislative committee, or legislative agency as a gift to
the State, so long as the person donating the services is
not paid by another source. Subsection (i) further allows a
legislator, legislative committee, or legislative agency to
accept a University intern or Job Training Partnership Act
trainee as well as any other educational trainee the
committee approves. Subsection (i) also requires
volunteers, interns, and educational trainees to comply
generally with the Legislative Ethics Code, with the
exceptions of certain sections: contracts and leases, close
economic associations, nepotism, and representation before
state agencies and affords them the protection of the ethics
complaint process under 24.60.170.
New subsection (j) sets out that gifts from another source
to a family member of a legislator or legislative employee
fall within restrictions and reporting requirements.
New subsection (k) states that the value of a gift is fair
market value, to the extent that fair market value can be
determined.
Representative Martin asked if spousal equivalents would be
included. Mr. Brown clarified that spousal equivalents are
included under the definition of family member under the
legislative branch and executive branch ethics codes.
SECTION 32: AS 24.60.085(a) EARNED INCOME & HONORARIA This
section would allow legislators and legislative employees to
accept compensation that is less than fees generally
charged. This would allow pro bono work. It prevents
legislators from charging more than the value of the
service.
SECTION 33: AS 24.60.100 REPRESENTATION This section sets
a March 15th deadline for reporting representation before a
State agency, citing 24.60.105.
SECTION 34: AS 24.60.105 DEADLINE FOR FILING DISCLOSURES
This section establishes a deadline of the 15th of March of
the following year for most disclosures in the Legislative
Ethics Code including board memberships, interests in state
contracts or leases, participation in State programs and
loans; close economic associations, and representation of
clients. It mandates disclosure within 30 days of an
interest begun or acquired during the regular session,
except for session's final 30 days, which must be reported
by the 15th of March of the following year. Disclosures are
listed on page 23, line 7.
SECTION 35: AS 24.60.130(f) COMMITTEE PER DIEM & TRAVEL
This section authorizes the ethics committee's public
members to receive per diem and travel compensation.
SECTION 36: AS 24.60.130(h) MEMBER DISQUALIFICATION
This section prohibits a legislative member of the ethics
committee from participating in a complaint proceeding if
the subject of the complaint is the member, or the subject
supervised by the member. The process for designating a new
member to serve on the ethics committee in the place of a
disqualified member is in new subsection 24.60.130(o), added
by Section 37 of the bill.
SECTION 37: AS 24.60.130(o) APPOINTMENT OF COMMITTEE
ALTERNATES This section adds a new subsection which sets
out that each presiding officer appoints an alternate
legislative member of the ethics committee when appointing
regular members. Alternate members must have the same
qualifications as regular members and must be confirmed just
as a regular member is. If a regular member is disqualified
from serving, the ethics committee chairman or subcommittee
chairman confidentially designates the alternate to serve
for the course of that proceeding.
Mr. Brown explained that members cannot serve if a complaint
is issued regarding the member or their staff. The Speaker
or Senate President would appoint an alternate. The filing
of a complaint is confidential. The appointment would
require a two-thirds concurrence.
Mr. Brown observed that Amendment 0-LS0074\R.7, dated
4/23/98 would add a provision to allow a member of the
Committee to be removed. A two-thirds vote of both members
would remove a public member. A legislative member could be
removed by a two-thirds vote of its members.
SECTION 38: AS 24.60.134(a) RESTRICTIONS ON COMMITTEE
MEMBERS This section expands the restrictions on the ethics
committee's public members, staff, and contractors by
prohibiting participation in political management or
political campaigns for federal, state and local office
(regardless of whether the campaign is partisan or
nonpartisan), or participation in campaigns for or against
ballot measures. Section 38 further prohibits the ethics
committees' public members, staff, and contractors from
attending fund-raisers or contributing to political parties,
to legislative candidates, to incumbent legislators or
legislative employee running for other public office, or to
a person running for another office against an incumbent
legislator or legislative employee. Section 38 maintains
the existing restriction on lobbying activities.
Mr. Brown observed that there have been concerns regarding
excessive political activity on the part of a contractor to
the Ethics Committee. Section 38 would clarify that, for
the life of the contract, that a contractor could not
participate in political management or political campaigns.
SECTION 39: AS 24.60.134(c) EXEMPTION FROM CODE OF SOME
CONTRACTORS This section permits a contractor with the
ethics committee to request an exemption for some members of
the corporation or partnership from compliance with some or
all prohibitions against political activity. If the
committee contracts for outside legal counsel with an
attorney who is part of a large firm with branches Outside,
a strict reading of current law might mandate that all
employees of the firm comply with the Legislative Ethics
Code. This section gives the committee the latitude to
grant such request.
Mr. Brown explained that all members of a large company,
which is under contract to the Committee, would not have to
abide by the provisions of the code. Only members working
with the Committee would be under the provisions of the
code. The firm must initiate the action.
SECTION 40: AS 24.60.160 ADVISORY OPINIONS This section
provides that the ethics committee must issue an advisory
opinion to a newly elected legislator within 60 days of a
request from such a person, doubling the current response
deadline of 30 days. It further allows the committee to
issue an advisory opinion to a person who anticipates
becoming a legislative employee within 45 days. The
Committee could take longer than 60 days if the person who
asked for the opinion is in agreement.
SECTION 41: AS 24.60.170(a) INITIATION OF COMPLAINTS This
section changes the statute of limitations for consideration
of ethics complaints from five to two years, consistent with
the time limit for the Executive Branch Ethics Act, and
coterminous with the length of a single House term, and
establishes that a complaint against a legislator must be
filed within a year of the legislator's departure from the
Legislature. Section 41 prevents the ethics committee from
considering complaints against all members of the
legislature, all members of one its houses, or against
former employees. It further allows the committee to
reinstate a complaint closed upon an employee's termination
if the employee is rehired within two years of the date the
complaint was filed. It also provides for the same
procedure with a former legislator who resumes legislative
service within two years of the date of the complaint,
affecting former staffers who are elected to the legislature
and former legislators who are hired as staffers.
Mr. Brown pointed out that a House term is for two years.
He added that allowing for reinstitution of complaints
expands the reach of the code.
Representative Davies questioned if a similar provision
would be considered for the Executive Branch Ethics Code.
Mr. Brown stated that a similar provision was considered.
He stressed that the codes are different and that it would
be difficult to have the standards of one code apply to the
other. Mr. Brown added that section 41 should reduce the
number of frivolous complaints. A complaint filed against
all members would not be considered.
SECTION 42: AS 24.60.170(b) REQUIREMENTS OF COMPLAINANT
This section allows any person to file a written complaint
under oath stating that the complainant has reason to
believe a violation occurred and describing known facts in
support of the complaint. It mandates that the ethics
committee provide a complaint form, and advise complainants
that they may be asked to testify in support of their
complaints. Section 42 further sets out that the committee
can only accept new complaints or release public information
on pending complaints outside of campaign periods as defined
in subsections (o) and (p), added by Section 49 of the bill.
Section 42 provides that the committee must immediately
provide subjects of complaints with copies.
SECTION 43: AS 24.60.170(c) PRELIMINARY TREATMENT OF
COMPLAINTS This section allows the ethics committee to have
staff preliminarily examine complaints for legal sufficiency
and credibility of information, then recommend action to the
committee based on information and evidence contained in the
complaint. It explicitly allows the committee and staff to
solicit additional information from the complainant and
subject, though neither is obligated to provide information.
Section 43 allows for dismissal of complaints that are
frivolous, lack credible information, or fall outside the
committee's jurisdiction. It further clarifies that
proceedings under this subsection are confidential and that
confidentiality may be waived by the subject in compliance
with subsection (i).
Mr. Brown emphasized that this provision is intended to make
the return of complaints for insufficient information or
frivolity easier and enable the Committee to make the best
and highest use of the committee staff's time. It enables
the Committee to get more clarification from the complainant
and speak to the subject.
SECTION 44: AS 24.60.170(f) LACK OF PROBABLE CAUSE This
section states that if there is lack of probable cause that
a violation of the ethics code occurred, the complaint must
be dismissed, and that unsubstantiated portions may be
dismissed. It mandates that the Committee issue a decision
explaining the dismissal, and establishes that deliberation
and vote on the dismissal order and decision are not open to
the public or to the subject of the complaint. It further
calls for copies of a dismissal order and decision to be
sent to the complainant and the subject.
SECTION 45: AS 24.60.170(g) CORRECTIVE ACTIONS This
section allows the ethics committee to issue an opinion
(which must go to both the complainant and the subject)
recommending corrective action after finding probable cause
that a violation occurred. It lets the subject comply with
the opinion or request a hearing under subsection (j), and
lets the committee amend or affirm the opinion after this
hearing. Section 45 sets out that if a subject agrees to
comply with an opinion but fails to do so in a timely
manner, the committee may formally charge the person under
subsection (h) or refer the matter to a supervisory
authority. It empowers the supervisory authority to enforce
corrective actions, or decline to do so and refer the matter
back to the Committee, which retains the power formally to
charge the person.
Mr. Brown observed that this provision is similar to
provisions in the Executive Branch Ethics Code. He
explained that the intent is assure corrective actions are
taken.
SECTION 46: AS 24.60.170(h) FORMAL CHARGES BEYOND
CORRECTION ACTIONS This section conforms subsection (h) to
the new language in subsection (g), empowering the committee
formally to charge a person who fails to complete corrective
actions, or if investigation reveals a violation requiring
sanctions instead of, or in addition to, corrective actions.
SECTION 47: AS 24.60.170(i) DISCOVERY This section allows
the subject of a complaint to engage in discovery under
Alaska Rules of Civil Procedure, and lets the ethics
committee adopt procedures concerning discovery, including
allowing discovery at an earlier stage than formal charges
and imposing reasonable restrictions on release of
information to the subject of a complaint (to protect the
privacy of persons not under investigation). It further
prevents the committee from imposing restrictions on
discovery by the subject unless the complainant agrees to be
bound by similar restrictions concerning release of
information, and has not made public the information in or
about the complaint or the filing of the complaint.
Mr. Brown pointed out that complainants are not usually
involved in discovery. He noted that the intent is that the
provision provide protection to subjects of complaint. He
observed that there is little the Committee can do to
control the behavior of complainants.
SECTION 48: AS 24.60.170(l) CONFIDENTIALITY This section
sets out that ethics committee proceedings are confidential
until the determination of probable cause, and that
complaints and all documents produced or disclosed in the
course of an investigation are confidential as well. It
mandates that the committee transmit information obtained in
the course of an investigation to appropriate enforcement
authorities. Section 48 clarifies that all meetings of the
committee concerning complaints are closed to the public and
non-members of the committee, though the committee may
permit the subject of a complaint to attend a meeting other
than deliberation on probable cause. It further limits a
complainant's ability to waive confidentiality for others.
Mr. Brown observed that section 48 would apply when there
are multiple subjects in the same complaint.
SECTION 49: AS 24.60.174(o) (p) (q) MORATORIA ON NEW
COMPLAINTS/RELEASE OF PUBLIC INFORMATION This section adds
three new subsections which concern handling of complaints
by the ethics committee during campaign periods. Subsection
(o) provides that the committee shall return a complaint
concerning a candidate received during a campaign period
unless the subject waives the right to suspension of
consideration within 11 days. If provides that the
committee must notify the would-be complainant of the right
to refile the complaint at the end of the campaign period.
Subsection (p) sets out that the committee may not proceed
beyond the point of confidentiality on a complaint
concerning a candidate that is pending when a campaign
period begins, preventing action under subsections (f), (g),
and (h), unless the subject waives the right to suspension
of proceedings.
Subsection (q) defines a campaign period for this section as
beginning on the later of 45 days before the primary
election in which one is a candidate; or the day one files
for office, and ending the day of the general or special
election, the day after primary results are certified, or
the day a candidate withdraws.
Mr. Brown stressed that the protection is necessary to
prevent politicization of the ethics process.
Representative Davies questioned why a complaint would not
be accepted and held until after the moratorium. Mr. Brown
observed that a complainant could misrepresent the fact that
a complaint was filed against a candidate. Complaints would
be accepted after the moratorium. Co-Chair Therriault
pointed out that a complaint could be used to accomplish a
political goal. Representative Davies noted that complaints
are confidential. Co-Chair Therriault noted that an
allegation could be made but that nothing would be pending
before the Committee. He added that the moratorium can be
waived. Mr. Brown stressed that the provision minimizes the
ability of a complainant to take political advantage of the
ethics process. Co-Chair Therriault emphasized that the
intent is to protect the Committee from being dragged into
campaigns. Representative Mulder noted that complaints have
been held till just before an election. He maintained that
complaints should be filed in a timely manner, not with the
intended consequence of affecting an election.
Representative Davies acknowledged concerns, but questioned
why the complaint could not be accepted quietly.
Representative Mulder emphasized that acceptance of a
complaint provides legitimization. Representative Davies
stressed that receipt of the complaint by the Committee
would not be publicly known. Mr. Brown agreed that the
Committee would not tell anyone of the complaint. He
observed that in most instances complainants or other
persons bring the complaint to the attention of the media.
Mr. Brown noted that subsection (p) deals with a moratorium
on public information of pending complaints. He noted that
the House Finance Committee might wish to leave both levels
of protection or remove subsection (p). He stated that the
Committee could investigate a complaint that was initiated
46 days before the primary. However, the Committee would
not proceed beyond outlining the scope of the investigation
until after the election. He observed that the moratorium
could be waived.
SECTION 50: AS 24.60.174(a) TIMETABLE FOR COMPLIANCE/
RECOMMENDED FINES This section sets out procedures for the
Legislature and the ethics committee to follow concerning
sanctions on legislators.
Mr. Brown explained that when a subcommittee finds that a
legislator has done something wrong, it recommends sanctions
to that legislator's chamber. One of the recommendations
can be expulsion. If the recommendation is anything less
then expulsion a timetable is implemented. Section 50
mandates that the committee include a suggested timetable
for compliance reports when recommending sanctions on a
legislator found in violation of the Code. Section 50 also
allows the committee to recommend fines that the legislative
body may impose if the legislator does not comply in a
timely manner.
SECTION 51: AS 24.60.174(e) TIMETABLE FOR SANCTIONS This
section adds a new subsection requiring a legislative body
to report to the ethics committee the sanctions and
timetable for compliance it has adopted. It further
requires a legislator to report to the committee on
compliance with the sanctions, in accordance with the
timetable. Section 51 lets the committee determine if the
legislator has failed to comply fully and in a timely
manner, and recommend imposition of fines or additional
sanctions.
SECTION 52: AS 24.60.176(a) RECOMMENDATIONS WHERE VIOLATOR
IS A LEGISLATIVE EMPLOYEE This section sets out that the
ethics committee will recommend sanctions for a legislative
employee to the employee's appointing authority, defined in
24.60.176(b) by Section 53 of this bill. It establishes
that appointing authorities may impose the sanctions
recommended by the committee or different sanctions, and
that the appointing authority enforces the sanctions and
reports to the committee on the employee's compliance.
Mr. Brown noted that House and Senate Records were added on
page 33, line 28. The Legislative Council is the default
when an appointing authority is not identified.
SECTION 53: AS 24.60.176(b) APPOINTING AUTHORITY. This
section adds a new subsection which defines which person or
committee is the appointing authority for all legislative
employees.
SECTION 54: AS 24.60.178 RECOMMENDED SANCTIONS This
section adds a new section which lists sanctions the
committee may recommend for violations of the Code,
enumerated in subsection (b). Subsection (c) lets the
committee recommend that the subject be required to pay all
or some of the costs related to the investigation or
adjudication of the complaint.
SECTION 55: AS 24.60.200 FINANCIAL DISCLOSURE BY
LEGISLATORS, LEGISLATIVE DIRECTORS & PUBLIC MEMBERS This
section adds public members of the ethics committee to the
group of persons who must file Legislative Financial
Disclosures (LFD). It adds spousal equivalents to the group
of persons about whom income information must be disclosed,
and deletes the requirement that gift information be
included in the LFD.
Mr. Brown observed that previous versions of the bill
required financial disclosure to APOC by legislative
employees that are compensated at range 19 and above. This
dramatically increased the fiscal impact of the legislature.
This provision was withdrawn.
SECTION 56: AS 24.60.210 DEADLINES FOR FILING This section
changes the deadline for filing an LFD from the 15th of
April to the 15th of March.
SECTION 57: AS 24.60.250 EFFECT OF FAILURE TO FILE This
section sets out that APOC must notify the Lieutenant-
Governor of a legislative candidate's failure to file an
LFD, which results in that person's forfeiture of office.
It calls for APOC to notify Leg Council or LB&A if a
legislative director or the Ombudsman fails to file.
Mr. Brown noted that Amendment 0-LS0074\R.5 would address
whom should be informed by APOC if a public member of the
Committee fails to file. The presiding officer would be
informed.
SECTION 58: AS 24.60.260(a) REFERENCE TO FINES This
section prohibits false statements in disclosures, and
establishes that filing after the deadline constitutes a
violation of the Legislative Ethics Code.
SECTION 59: AS 24.60.260(c) FINES FOR FAILURE TO FILE This
section permits the committee to impose fines for late
disclosures, not to exceed $2 per day, to a maximum of $100
per late disclosure, unless the lateness was inadvertent
which makes the maximum fine $25.
SECTION 60: AS 24.60.990(a)(5) IMMEDIATE FAMILY This
section expands the general definition of immediate family
for the Code.
Mr. Brown clarified that the definition used in section 60
is narrower than the definitions used for gift disclosure.
Parents, children and siblings have to be financially
dependent or share a significant financial interest.
SECTION 61: AS 24.60.990(a)(15) & (a)(16) SPOUSAL
EQUIVALENT/STATE OFFICE DEFINITIONS This section provides
new general definitions of spousal equivalent and state
office to the Code.
Mr. Brown noted that section 61 completes the legislative
ethics portion of the bill. Portions of the bill pertaining
to the Executive Branch Ethics Act begins with section 62.
SECTION 62: AS 39.25.070 PERSONNEL BOARD POWERS AND DUTIES
This section simplifies the reference to the Executive
Branch Ethics in the State Personnel Act (39.25). Line 1,
page 38 was changed amended to remove the specific duties
carried out by the Personnel Board.
SECTION 63: AS 39.25.160(e) BAN ON CANDIDACY OF EXEMPT
EMPLOYEES This section extends the ban on candidacy for
State or national elective political office by State
employees to include the exempt service. It exempts some
members of the exempts service from this ban.
Mr. Brown noted that the exempt service includes University
employees, teachers, and volunteer firefighters.
Co-Chair Therriault clarified that a state employee would
have to terminate their position when they file their
declaration of candidacy.
(Tape Change, HFC 98 -126, Side 1)
Mr. Brown explained that legislators were exempted from the
ban to allow them to retain their positions while the run.
Legislators are exempt employees.
SECTION 64: AS 39.25.160(j) PROHIBITION ON POLITICAL
ACTIVITY ON GOVERNMENT TIME This section adds a news
subsection to the State Personnel Act which explicitly
prohibits State employees from engaging in campaign
activities on behalf of political candidate on government
time. It clarifies that Division of Election employees may
carry out duties related to elections, and members and
employees of the Commission on Judicial Conduct may carry
out duties related to evaluation of judges, and exempts
elected State officials from the ban.
SECTION 65: AS 39.50.020 REPORT OF FINANCIAL AND BUSINESS
INTERESTS This section changes the requirements for Public
Official Financial Disclosures, setting out that public
officials listed in 39.50.200 must file reports within 30
days after taking office as a public official. It changes
the filing deadline to the 15th of March, and specifies that
all non-municipal officials file with APOC, while municipal
officials file with appropriate local authorities.
SECTION 66: AS 39.50.030(a) CONTENTS OF FINANCIAL REPORTS
This section changes the requirements for the contents of a
public official financial disclosure statement. It lists
that reports must contain information specified in
subsections (b) and (d), and deletes the unnecessary
reference to assets or liabilities under $500, household
goods, and personal effects.
SECTION 67: AS 39.50.030(b) CONTENTS OF FINANCIAL REPORTS
This section changes the reporting requirements for
executive branch public officials to include income sources
over $1000. It adds a requirement for public officials to
report any income of over $250 that is a gift. It changes
the requirement to report trust or fiduciary relationships
or loans only when they exceed $1000. Section 67 mandates
reporting state contracts held, bid, or offered by a
partnership or professional corporation of which an official
is a member; deletes a requirement for reporting a state
contract or natural resource lease held, bid, or offered by
an official's mother or father; and, adds an official's
spouse to the group on whom an official must report if the
spouse holds a natural resource lease.
SECTION 68: AS 39.50.030(d) CONTENTS OF FINANCIAL REPORTS.
This section adds new subsections which alter requirements
for Public Official Financial Disclosures. Subsection (d)
calls for public officials to report close economic
associations with legislators, other public officials,
lobbyists, or any public officer for the governor and
lieutenant-governor.
Subsection (e) sets out that new close economic associations
must be reported within 60 days of their formation.
Subsection (f) calls for disclosure of client information
for lobbyists with whom the public official has a close
economic association, and for updating of this information
within 48 hours for new lobbying contracts. Subsection (g)
defines several terms for the purposes of this section.
SECTION 69: AS 39.50.070 FAILURE TO REPORT BY CERTAIN STATE
EMPLOYEES This section provides for penalties for most
public officials who fail to file reports.
SECTION 70: AS 39.50.200(a)(8) DEFINITIONS This section
redefines public official to include judicial officers, the
governor, the lieutenant-governor, commissioners, directors,
deputy directors, and many persons in the governor's office.
Mr. Brown noted that a previous version in the Senate
included legislative employees that were range 19 and
higher. The House State Affairs Committee changed this
section to define "public official" by the nature of a
person's job. He observed that as a judicial officer, the
governor or the lieutenant governor, commissioners, deputy
directors, special assistants and legislative liaisons. He
noted that subsection (d) may be too broad. He observed
that section 70 might need to be amended. Amendment 0-
LS0074\R.9 would amend this section and reduce the fiscal
impact.
SECTION 71: AS 39.52.010(a) FINDINGS AND PURPOSE This
section augments the preamble to the Executive Branch Ethics
Act.
SECTION 72: AS 39.52.120(b) MISUSE OF OFFICIAL POSITION
This section sets out what sorts of behavioral restrictions
apply to executive branch employees. It explicitly bans
coercion of subordinates and use of state resources for
partisan political purposes, and defines partisan political
purposes.
Mr. Brown observed that this section parallels AS 24.60.030.
He emphasized that a public officer may not use state time,
property, equipment, or other facilities to benefit
personal or financial interests. There is no specific
reference to partisan political purposes. He referred to
page 47, line 7: a public officer may not "use or authorize
the use of state funds, facilities, equipment, services, or
another government asset or resource for partisan political
purposes this paragraph does not prohibit use of the
governor's residence for meetings to discuss political
strategy and does not prohibit use of the communications
equipment in the governor's residence so long as there is no
special charge to the state for the use".
SECTION 73: AS 39.52.120(d) BAN ON FUNDRAISING AFTER TRAVEL
AT STATE EXPENSE This section adds new subsections to the
behavioral restrictions in the Act. Subsection (d) prevents
travel at State expense to a place where a fund-raiser is
planned within 48 hours of the travel. It allows State-paid
travel if the fund-raiser is at least 48 hours after the
travel occurs, if a subsequent trip is made between the two
locations and is not paid for by the State, or if the travel
was to the capital city. Subsection (e) defines campaign
fundraising event. Subsection (f) adds criteria for
determining whether or not a public officer is considered to
be on government time, and mandates that leave be taken for
political campaign activities that are not minor,
inconsequential, and unavoidable.
Mr. Brown noted that concerns regarding travel definitions
would need to be amended in sections 17 and 73.
SECTION 74: AS 39.52.130(b) GIFTS This section increases
the value of a gift that may be received in the executive
branch from $50 to $150. If requires disclosure of a gift
received due to a public officer's governmental status
whether or not the officer can take or withhold official
action that affects the giver.
Mr. Brown pointed out that it would still be illegal for a
public officer to accept a gift if it can reasonably be
inferred that the gift is intended to influence the public
officer. He added that there is no exemption for food or
beverage for immediate consumption or hospitality. Gifts
that are connected to governmental status would be disclosed
even if the officer can take or withhold official action
that affects the giver.
Representative Martin questioned why the section should not
be deleted.
SECTION 75: AS 39.52.130(e) & (f) GOVERNMENT GIFTS This
section adds new subsections, the first of which allows
acceptance of a gift from a foreign government, the U.S.
government, another state government, or a municipal
government, on behalf of the State. The recipient must
notify the governor's office within 60 days for instructions
on appropriate disposition of the gift.
Mr. Brown observed that subsection (f) clarifies that "a
public officer who knows or reasonably ought to know that a
family member has received a gift because of the family
member's connection with the public office held by the
public officer shall report the receipt of the gift by the
family member to the public officer's designated supervisor
if the gift would have to be reported under this section if
it had been received by the public officer or if receipt of
the gift by a public officer would be prohibited under this
section."
SECTION 76: AS 39.52.170(c) OUTSIDE EMPLOYMENT This section
adds a new subsection which bans commissioners from
accepting outside employment for compensation.
SECTION 77: AS 39.52.180(d) RESTRICTIONS ON POST-OFFICE
EMPLOYMENT This section adds a new subsection which
restricts the governor, lieutenant-governor, and
commissioners from lobbying for compensation for a year
after leaving service. Volunteer lobbying would be allowed.
SECTION 78: AS 39.52.210(a) DECLARATION OF POTENTIAL
VIOLATIONS This section requires public employees to report
potential violations to the attorney-general as well as to a
supervisor.
Mr. Brown observed that this section is intended to increase
the flow of information in a way that makes executive branch
ethics work better without additional cost.
NEIL SLOTNICK, ASSISTANT ATTORNEY GENERAL, COMMERCIAL
SECTION, DEPARTMENT OF LAW reviewed sections 79 - 84.
SECTION 79: AS 39.52.210(b) DECLARATION OF POTENTIAL
VIOLATIONS This section requires an employees supervisor to
provide a written determination of whether of not a
violation reported under subsection (a) exists, to both the
employee and the attorney-general.
SECTION 80: AS 39.52.220(a) VIOLATIONS BY MEMBERS OF BOARDS
AND COMMISSIONS This section requires members of boards or
commissions to disclose a matter that may result in a
violation on the public record and in writing to supervisor
and to the attorney-general. It further requires board or
commission member's ethics supervisor to provide a written
determination of whether of not a violation exists, to both
the member and the attorney-general.
SECTION 81: AS 39.52.230 REPORTING OF POTENTIAL VIOLATIONS
This section requires a supervisor to provide a copy of a
report of potential violation of the Act to the attorney-
general.
SECTION 82: AS 39.52.260 SUBMISSION OF QUARTERLY REPORTS TO
THE PERSONNEL BOARD This section requires the attorney-
general to submit copies of quarterly reports from ethics
supervisors, and the attorney-general's review of these
reports, to the Personnel Board.
SECTION 83: AS 39.52.270 DISCLOSURE STATEMENTS This
section adds a new section which makes filing of disclosure
statements a provision of the Act. Subsection (a) calls for
the statements to be true, correct, and complete.
Subsection (b) sets out that ethics supervisors must review
disclosures and report potential violations disclosed
therein to the attorney-general. Subsection (c) defines
disclosure statement to include reports filed under
39.52.210 - 240.
SECTION 84: AS 39.52. 310(a) MORATORIUM ON INITIATION OF
COMPLAINTS/RELEASE OF PUBLIC INFORMATION This section
prevents the attorney-general from initiating a complaint
against the governor or lieutenant-governor who is a
candidate during a campaign period, defined in subsection
(k).
Mr. Slotnick noted that this provision mirrors a similar
provision in the Legislative Branch Ethics Act. In response
to a question by Representative Davies, Mr. Slotnick
explained that anyone can file a complaint. This provision
allows the attorney general to initiate a complaint upon
receipt of information, that does not come in the form of a
complaint, that indicates that a violation of the ethics
code has occur. This includes the governor or lieutenant
governor, but restricts the ability to initiate a complaint
if it is within 45 days of a campaign period.
SECTION 85: AS 39.52. 310(c) MORATORIUM ON RECEIPT OF
COMPLAINTS This section prevents the Personnel Board from
accepting a complaint against the governor or lieutenant-
governor who is a candidate during a campaign period,
defined in subsection (k). It further allows the Personnel
Board to contract for or hire independent counsel without
consulting the Department of Law.
Mr. Brown noted that the Department of Law could be bypassed
if the complaint involved the attorney general, governor or
the lieutenant governor are the subjects of the complaint.
SECTION 86: AS 39.52. 310(j) & (k) MORATORIUM ON
CONSIDERATION OF COMPLAINTS This section adds new
subsections. Subsection (j) provides that the Personnel
Board shall return a complaint concerning a candidate
received during a campaign period unless the subject waives
the right to suspension of consideration within 11 days. If
provides that the committee must notify the would-be
complainant of the right to refile the complaint at the end
of the campaign period. Subsection (k) defines a campaign
period for this section as beginning on the later of 45 days
before the primary election in which one is a candidate or
the day one files for office, and ending the day of the
general or special election, the day after primary results
are certified, or the day a candidate withdraws.
SECTION 87: AS 39.52.320 DISMISSAL BEFORE FORMAL
PROCEEDINGS This section sets out that the attorney-
general must dismiss complaints if there is no probable
cause that a violation occurred, and notify the complainant
and the subject under the terms of 39.52.335(c).
SECTION 88: AS 39.52.335 SUMMARY OF DISPOSITION OF
COMPLAINTS & REVIEW BY PERSONNEL BOARD This section adds a
new section which expands the Personnel Board's oversight of
the Executive Branch Ethics Act as enforced by the attorney-
general. Subsection (a) mandates forwarding of all
complaints received by the attorney-general to the Personnel
Board. Subsection (b) requires monthly reporting of the
status of pending complaints. Subsection (c) sets out that
if a complaint is dismissed or resolved, the attorney-
general must report this to the Board, the subject, and the
complainant. Subsection (d) allows the complainant to file
comments with the Board within 15 days. Subsection (e)
calls for the Board to review the summary at its next
meeting, allows the Board to compel attendance of the
subject , complainant, and attorney-general, and to compel
production of documents. Subsection (f) allows the Board to
issue a report on the disposition of the complaint.
Subsection (g) governs the confidentiality of its report if
the summary filed by the attorney-general is confidential.
Subsection (h) sets out the steps the Board may take if its
recommendation is that the resolution or dismissal be made
public.
Mr. Slotnick observed that sections 87 and 88 were added to
tighten up the Personnel Board's oversight of the attorney
general's ability to dismiss or plea bargain complaints.
Under the current system, the attorney general is required
to file a confidential summary with the Board, but there are
no provisions stating what the Board can or cannot do with
the summary. The House State Affairs Committee mandated
that after the confidential summary is filed that the
attorney general must attend the next meeting of the
Personnel Board. Interested parties would be allowed to sue
the State to make the matter public if there is substantial
evidence that a violation had occurred. This leaves intact
situations were there have been no plea bargain or
dismissal. He clarified that the legislation would
eliminate the criminal penalty for disclosure of a
confidential matter. Mr. Brown observed the difficulty of
gagging complainants. Mr. Slotnick He emphasized that
complaints are clearly confidential until they are made
public.
SECTION 89: AS 39.52.340(a) CONFIDENTIALITY This section
sets out that ethics proceedings are confidential and that
complaints and all documents produced or disclosed in the
course of an investigation are confidential as well. It
mandates that the attorney-general transmit information
obtained in the course of an investigation to appropriate
enforcement authorities.
SECTION 90: AS 39.52.960(11) DEFINITION OF IMMEDIATE FAMILY
This section changes the general definition of immediate
family member for the Act.
SECTION 91: POET RESERVES FOR INCUMBENTS This section
allows current legislators to transfer unused campaign
assets to a POET account reserve under the provisions of
Section 5 of this bill.
SECTION 92: RETROACTIVITY FOR POET ACCOUNT RESERVE This
section makes Sections 4, 5, and 91 retroactive to the 31st
of December 1996.
SECTION 93: PARTICULAR EFFECTIVE DATE This section makes
Sections 1, 2, 4, 5, 91, and 92 effective immediately under
01.01.070(c).
SECTION 94: GENERAL EFFECTIVE DATE This section makes
Sections 3 and 6 through 90 effective on the 1st of January
1999.
Mr. Brown observed that it would take the executive Branch a
little while to confirm to the new disclosure requirements.
Everything would be effective January 1, 1999, except for a
few specific portions of the legislation. He observed that
section 16 should have an immediately effective.
Representative Martin observed that ethics law is confusing
and suggested educational seminars. Mr. Brown emphasized
that the legislation will improve existing law. He noted
that ethics training is provided at the beginning of the
legislative session.
ADJOURNMENT
The meeting adjourned at 3:50 p.m.
House Finance Committee 9 4/24/98 p.m.
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