00 HOUSE BILL NO. 19 01 "An Act relating to election campaigns, regulation of lobbying, conflicts of 02 interest, and the Alaska Public Offices Commission; and providing for an effective 03 date." 04 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 05 * Section 1. AS 15.13.040(a) is amended to read: 06  (a) Each candidate shall make a full report, upon a form prescribed by the 07 commission, listing 08  (1) the date and amount of each expenditure [ALL EXPENDITURES] 09 made by the candidate; 10  (2) [,] the total amount of all contributions, including all funds 11 contributed by the candidate; [,] and 12  (3) for each contribution [ALL CONTRIBUTIONS] in excess of $100 13 in the aggregate a year, the name, address, principal occupation, and employer of the 14 contributor and the date and amount contributed by each contributor. [THE REPORT 01 SHALL BE FILED IN ACCORDANCE WITH AS 15.13.110 AND SHALL BE 02 CERTIFIED CORRECT BY THE CANDIDATE OR CAMPAIGN TREASURER.] 03 * Sec. 2. AS 15.13.040(c) is amended to read: 04  (c) The reports [REPORT] required under (a) or (b) of this section shall be 05 filed in accordance with AS 15.13.110. A report required under (a) of this section 06 shall be certified as correct by the candidate or the candidate's campaign 07 treasurer. A report required under (b) of this section [AND] shall be certified as 08 correct by the group's campaign treasurer. 09 * Sec. 3. AS 15.13.040 is amended by adding a new subsection to read: 10  (g) The provisions of (a) of this section do not apply to a candidate if the 11 candidate 12  (1) indicates, on a form prescribed by the commission, an intent not to 13 raise and not to spend more than $1,000 in seeking election; 14  (2) accepts contributions totaling $1,000 or less; and 15  (3) makes expenditures totaling $1,000 or less in seeking election. 16 * Sec. 4. AS 15.13 is amended by adding new sections to read: 17  Sec. 15.13.042. DISBURSEMENT OF CAMPAIGN ACCOUNTS. (a) The 18 provisions of this section apply to unexpended and unobligated funds held by a 19 candidate or a candidate's campaign committee 20  (1) after the date of the election; or 21  (2) at the time the candidate ceases to be a candidate. 22  (b) If a candidate or a candidate's campaign committee has unexpended and 23 unobligated funds, those funds shall, before the end of the calendar year of the 24 election, or within 60 days after the election, or within 60 days after the end of the 25 candidacy, whichever comes first, be 26  (1) used to retire bona fide loans supported by written documentation, 27 including loans made to a campaign by the candidate or a member of the candidate's 28 immediate family; however, the funds may be used to retire bona fide loans made to 29 a campaign by the candidate's immediate family only if all other outstanding loans are 30 paid first; 31  (2) used to pay for a victory or thank-you party, or to provide a gift of 01 less than $300 to a campaign worker; 02  (3) returned to those who have made contributions; 03  (4) donated to the state or a municipality; 04  (5) donated to one or more organizations that qualify as charitable 05 organizations under 26 U.S.C. 501(c)(3) if the charity is not one that is controlled by 06 the candidate or a member of the candidate's immediate family; 07  (6) transferred to a new campaign account controlled by the candidate; 08  (7) transferred, by a candidate elected to the legislature, to that 09 candidate's legislative office account for expenditures qualifying as business expenses 10 under 26 U.S.C. 162; 11  (8) transferred to a political party with whom the candidate has 12 indicated an affiliation under AS 15.25.030; or 13  (9) transferred to a legal defense fund or election challenge fund 14 established under AS 15.13.044. 15  (c) By the date on which the candidate closes a campaign account under (e) 16 of this section, the candidate shall declare, on a form provided by the commission, 17 each retained nonmonetary asset that has a fair market value in excess of $500. 18  (d) A candidate may retain nonmonetary assets with an aggregate fair market 19 value of up to $2,500 after the candidate's campaign account is closed under (e) of this 20 section if the candidate is not a member of the legislature. Nonmonetary assets not 21 retained under this subsection shall be disbursed as described in (b) of this section by 22 the date on which the campaign account is closed under (e) of this section. 23  (e) A candidate shall close each campaign account within 60 days after the 24 election at which the candidate sought public office, or at the time the candidate 25 transfers funds under (b)(6) of this section to a new campaign account, whichever is 26 earlier. 27  (f) In this section, 28  (1) "funds" means cash and other nontangible liquid assets readily 29 converted to cash, including savings accounts, checking accounts, certificates of 30 deposit and stocks; and 31  (2) "nonmonetary assets" means tangible assets, including office 01 equipment and furniture. 02  Sec. 15.13.044. LEGAL DEFENSE AND ELECTION CHALLENGE FUNDS. 03 (a) A candidate, a person acting on behalf of the candidate, or the candidate's 04 campaign committee may establish a fund to assist with the payment of attorney fees 05 and other costs arising from the candidate's defense of a civil, criminal, or 06 administrative action brought against the candidate and directly related to acts or 07 omissions of the candidate while campaigning for elective office, or from the 08 prosecution or defense of an administrative or judicial action concerning a contested 09 election in which the candidate has run. Contributions to a fund under this section are 10 not subject to the restrictions of AS 24.60.080. 11  (b) A candidate, a person acting on behalf of the candidate, and the candidate's 12 campaign committee may not establish a fund under this section before the civil, 13 criminal, or administrative action is actually commenced by or against the candidate. 14  (c) The commission shall adopt regulations applicable to the use of a fund 15 established under this section. The regulations adopted under this section must address 16  (1) the methods of establishing a fund under this section; 17  (2) the accounting requirements for a fund; 18  (3) the uses for which money from a fund may be expended; 19  (4) the disposition of surplus money in a fund; and 20  (5) the maximum amount that a person may contribute to a fund. 21 * Sec. 5. AS 15.13 is amended by adding new sections to read: 22  Sec. 15.13.075. PROHIBITED CAMPAIGN ACTIVITIES BY CANDIDATE 23 WITH RESPECT TO LOBBYISTS. (a) A candidate for governor, for lieutenant 24 governor, or for the legislature may not solicit, or knowingly allow, a lobbyist to 25 engage in activities on behalf of the candidate that are prohibited by 26 AS 24.45.121(a)(8). 27  (b) A candidate for governor, for lieutenant governor, or for the legislature 28 may not seek to evade the purposes of this section by 29  (1) soliciting; or 30  (2) knowingly permitting an entity retained to lobby or an employee 31 of a lobbyist to perform fund-raising services. 01  (c) In this section, 02  (1) "entity retained to lobby" means a firm, corporation, other business 03 entity, or nonprofit entity that is retained for the primary purpose of influencing 04 legislative or administrative action; 05  (2) "lobbyist" 06  (A) has the meaning given in AS 24.45.171; 07  (B) does not include 08  (i) a person described in AS 24.45.161(a); or 09  (ii) a representational lobbyist as defined in 10 AS 24.45.171. 11  Sec. 15.13.077. USE OF PUBLIC FUNDS PROHIBITED. (a) Each of the 12 following may not use public funds to support or oppose a ballot proposition or 13 question or the election of a candidate: 14  (1) the state, its agencies, and its public corporations; 15  (2) the University of Alaska; 16  (3) municipalities; 17  (4) school districts and regional educational attendance areas; and 18  (5) other political subdivisions of the state. 19  (b) This section does not prohibit the expenditure of public funds to provide 20 to the public factual information regarding a ballot proposition. 21 * Sec. 6. AS 15.13.090 is amended to read: 22  Sec. 15.13.090. IDENTIFICATION OF COMMUNICATION. All 23 advertisements, billboards, handbills, paid-for television and radio announcements, and 24 other communications intended to influence the election of a candidate or outcome of 25 a ballot proposition or question shall have their source [BE] clearly identified. The 26 commission may adopt regulations to implement this section [BY THE WORDS 27 "PAID FOR BY" FOLLOWED BY THE NAME AND ADDRESS OF THE 28 CANDIDATE, GROUP OR INDIVIDUAL PAYING FOR THE ADVERTISING. IN 29 ADDITION, CANDIDATES AND GROUPS MUST IDENTIFY THE NAME OF 30 THEIR CAMPAIGN CHAIRMAN]. 31 * Sec. 7. AS 15.13.100 is amended to read: 01  Sec. 15.13.100. EXPENDITURES BEFORE FILING. (a) A person may not 02 accept a political contribution and a political campaign expenditure may not be 03 made or incurred by a person in an election or by a person or group with the person's 04 knowledge and on the person's behalf before the date upon which the person files for 05 nomination for the office which the person seeks. 06  (b) The provisions of this section barring campaign expenditures do not 07 apply to [, EXCEPT FOR] personal travel expenses or [FOR] opinion surveys or polls, 08 and these [. THESE] expenditures must be included in the first report required under 09 this chapter after filing for office. 10 * Sec. 8. AS 15.13 is amended by adding new sections to read: 11  Sec. 15.13.102. PROHIBITED USES OF CAMPAIGN FUNDS. A candidate, 12 a person acting on behalf of the candidate, and the candidate's campaign committee 13 may not 14  (1) use funds raised and designated as campaign funds for the personal 15 benefit of the candidate or another person, or for payment of attorney fees and other 16 legal expenses arising from civil, criminal, or administrative actions based on conduct 17 not directly related to the campaign or official duties; this paragraph does not prohibit 18 a gift of less than $300 to a campaign worker; 19  (2) convert surplus campaign funds or interest earned on campaign 20 funds to personal income; 21  (3) borrow from campaign funds or loan them to another person or 22 group; 23  (4) knowingly pay more than the fair market value for goods or 24 services purchased for the campaign; 25  (5) knowingly pay campaign funds to a member of the candidate's 26 immediate family for goods or services provided to the campaign unless the amounts 27 paid do not exceed the fair market value of the goods or services provided; or 28  (6) use campaign funds to pay fines or other monetary penalties or 29 costs assessed against a candidate by a court or other body, unless the fine, penalty, 30 or cost is assessed as a result of proscribed actions by a member or employee of a 31 campaign committee or another person acting on behalf of the candidate under 01 circumstances where the candidate did not know of those actions. 02  Sec. 15.13.104. TIME LIMITATIONS ON FUND RAISING FOR 03 CANDIDATES. (a) Except as provided in (d) of this section, a candidate for the 04 legislature may not, either directly, through a campaign committee, or by other means, 05 solicit or accept a campaign contribution or a promise or pledge to make a contribution 06 except from June 1 through December 31 of the year preceding the election and from 07 June 1 of the year of the election through the date of the election. 08  (b) Except as provided in (d) of this section, a candidate for governor or 09 lieutenant governor may not, either directly, through a campaign committee, or by 10 other means, solicit or accept a campaign contribution or a promise or pledge to make 11 a contribution except from June 1 of the year preceding the election through the date 12 of the election. 13  (c) Except as provided in (d) of this section, a candidate for municipal office 14 may not, either directly or through a campaign committee, or by other means, solicit 15 or accept a campaign contribution or a promise or pledge to make a contribution 16 except from a date one year before the date of the election through the date of the 17 election. 18  (d) A candidate in an election may solicit or accept campaign contributions, 19 pledges, or promises, either directly, through a campaign committee, or by other 20 means, from a date one day after the election through December 31 of the year of the 21 election if, on the day of the election, liabilities exceed assets in the candidate's 22 campaign treasury. 23  (e) This section applies to all candidates, including those who are defeated in 24 an election and those who withdraw their candidacies or have their names removed 25 from the ballot before the date of the election. 26  (f) Transfers of surplus campaign funds to a new campaign account under 27 AS 15.13.042(b)(6) are not subject to this section. 28 * Sec. 9. AS 15.13.110(a) is amended to read: 29  (a) Each candidate and group shall make a full report in accordance with 30 AS 15.13.040 for [DURING] the period ending three days before the due date of the 31 report and beginning on the last day covered by the most recent previous report. If 01 the report is a first report, it must cover the period from the beginning of the 02 campaign to the date [, OR, IF A FIRST REPORT, ALL CONTRIBUTIONS 03 RECEIVED AND EXPENDITURES MADE BEFORE] three days before the due date 04 of the report. If the report is a report due February 15, it must cover the period 05 beginning on the last day covered by the most recent previous report or on the 06 day that the campaign started, whichever is later, and ending on December 31 of 07 the prior year. The report shall be filed [AT THE FOLLOWING TIMES:] 08  (1) 30 days before the election; however, this report is not required if 09 the deadline for filing a nominating petition or declaration of candidacy is within 30 10 days of the election; 11  (2) one week before the election; 12  (3) 10 [TEN] days after the election; and 13  (4) February 15 [DECEMBER 31 OF EACH YEAR] for expenditures 14 made and contributions received that [WHICH] were not reported during the 15 previous [THAT] year or when expenditures were not made or contributions were 16 not received during the previous year. 17 * Sec. 10. AS 15.13.110(b) is amended to read: 18  (b) Each contribution or expenditure that [WHICH] exceeds $250 and that 19 [WHICH] is made within nine days [ONE WEEK] of the election shall be reported 20 to the commission by date, amount, and contributor or recipient within 24 hours of 21 receipt or expenditure by the candidate or campaign treasurer. 22 * Sec. 11. AS 15.13.125 is amended to read: 23  Sec. 15.13.125. CIVIL PENALTIES [PENALTY: LATE FILING OF 24 REQUIRED REPORTS]. A person who fails to file a properly completed and certified 25 report within the time required by AS 15.13.040(e), 15.13.080, 15.13.110(a)(1), (3), 26 (4), or 15.13.110(d) is subject to a civil penalty of not more than $10 a day for each 27 day the delinquency continues as determined by the commission [SUBJECT TO 28 RIGHT OF APPEAL TO THE SUPERIOR COURT]. A person who fails to file a 29 properly completed and certified report within the time required by AS 15.13.110(a)(2) 30 or 15.13.110(b) is subject to a civil penalty of not more than $50 a day for each day 31 the delinquency continues as determined by the commission [SUBJECT TO RIGHT 01 OF APPEAL TO THE SUPERIOR COURT. AN AFFIDAVIT STATING FACTS IN 02 MITIGATION MAY BE SUBMITTED TO THE COMMISSION BY A PERSON 03 AGAINST WHOM A CIVIL PENALTY IS ASSESSED. HOWEVER, THE 04 IMPOSITION OF THE PENALTIES PRESCRIBED IN THIS SECTION OR IN 05 AS 15.13.120 DOES NOT EXCUSE THAT PERSON FROM FILING REPORTS 06 REQUIRED BY THIS CHAPTER]. 07 * Sec. 12. AS 15.13.125 is amended by adding new subsections to read: 08  (b) A person who violates a provision of this chapter other than a provision 09 for which a penalty is prescribed by (a) of this section is subject to a civil penalty of 10 not more than $20,000 for each offense or twice the amount gained by the misconduct 11 that resulted in a violation, whichever is greater, as determined by the commission. 12 The commission may also assess a person subject to a penalty under this subsection 13 with the costs of investigating and adjudicating the violation on which the penalty is 14 based. The costs of investigation and adjudication shall be determined by the 15 commission. 16  (c) A person against whom a civil penalty is assessed may submit to the 17 commission an affidavit stating facts in mitigation. 18  (d) A determination of the commission under this section is subject to right 19 of appeal to the superior court. 20  (e) The imposition of the penalties prescribed in this section or in 21 AS 15.13.120 does not excuse the person from filing reports required by this chapter. 22 * Sec. 13. AS 15.13.130 is amended by adding a new paragraph to read: 23  (8) "commission" means the Alaska Public Offices Commission. 24 * Sec. 14. AS 24.45.031(b) is amended to read: 25  (b) The commission may 26  (1) hold hearings and conduct investigations into compliance with the 27 provisions of this chapter; 28  (2) in conjunction with (1) of this subsection, issue subpoenas, compel 29 the attendance and testimony of witnesses, administer oaths and affirmations, and 30 require the production of books, papers, records, documents, or other items material 31 to the commission's duties or powers under this chapter; 01  (3) prepare, publish, and make available to the public semi-annual [, 02 PERIODIC, BUT AT LEAST QUARTERLY AND ANNUALLY,] summaries of the 03 statements and reports received; these summaries shall list separately individual 04 lobbyists and employers of lobbyists. 05 * Sec. 15. AS 24.45.041(e) is amended to read: 06  (e) Within 45 days after the convening of each regular session of the 07 legislature, the commission shall publish a directory of registered lobbyists, containing 08 the information prescribed in (b) of this section for each lobbyist [AND THE 09 PHOTOGRAPH, IF ANY, FURNISHED BY A LOBBYIST UNDER (c) OF THIS 10 SECTION]. From time to time thereafter the commission shall publish those 11 supplements to the directory that in the commission's judgment may be necessary. 12 The directory shall be made available to public officials and to the public at the 13 following locations: a public place adjacent to the legislative chambers in the state 14 capitol building, [THE OFFICE OF THE LIEUTENANT GOVERNOR, THE 15 LEGISLATIVE REFERENCE LIBRARY OF] the Legislative Affairs Agency, and the 16 commission's central office. 17 * Sec. 16. AS 24.45.061(a) is repealed and reenacted to read: 18  (a) A person who employs, retains, or contracts for the services of a lobbyist 19 shall sign that portion of the lobbyist's registration statement verifying the person's 20 employment of, retention of, or contract for lobbying services with the lobbyist. 21 * Sec. 17. AS 24.45.061(b) is amended to read: 22  (b) A person who employs, retains, or who contracts for the services of one 23 or more lobbyists, whether independently or jointly with other persons, and who 24 directly or indirectly makes payments to influence legislative or administrative action 25 shall file an annual [A QUARTERLY] report containing 26  (1) the full name, complete business address, and telephone number of 27 the person making the report; 28  (2) information sufficient to identify the nature and interests of the 29 person making the report; 30  (3) the total amount of payments made to influence legislative or 31 administrative action during the period, and the name and address of each person to 01 whom these payments have been made during the period by the maker of the report, 02 together with the date and amount; 03  (4) the date and nature of any gift exceeding $100 in value made to any 04 public official and the full name and official position of the recipient of each gift; 05  (5) a general description of the legislative or administrative action that 06 the person making the report has attempted to influence; 07  (6) the name of each lobbyist employed or retained by the person 08 making the report, together with the total amount paid to each lobbyist and the portion 09 of that amount, if any, that was paid for specific purposes, including salary, fees, and 10 reimbursement for expenses; and 11  (7) a notice of termination if the person filing a report has ceased 12 employing or retaining a lobbyist registered under this chapter and if this report 13 constitutes the final report of the lobbyist's activities on behalf of the maker of the 14 report. 15 * Sec. 18. AS 24.45.081 is amended to read: 16  Sec. 24.45.081. REPORTING PERIODS. Lobbyist reports [REPORTS] 17 required under this chapter shall be filed during the calendar month following each 18 calendar month during any part of which the legislature was in session and during the 19 month following each calendar quarter when the legislature was not in session. 20 However, if a lobbyist registered under this chapter has declared that the lobbyist seeks 21 only to influence administrative action and not legislative action, the lobbyist need 22 only file a report required under this chapter for each calendar quarter. The period 23 covered shall be the calendar month or the calendar quarter, as applicable, and shall 24 in any event cover the period from the date of the last report filed under this chapter 25 to the date of the end of the calendar month or quarter, as applicable, for which the 26 report is being filed. The period covered shall not include any months covered in 27 previous reports filed by the same person. When total amounts are required to be 28 reported, totals shall be stated both for the period covered by the statement and for the 29 entire calendar year to date. 30 * Sec. 19. AS 24.45.081 is amended by adding a new subsection to read: 31  (b) Annual employer reports required under this chapter shall be filed within 01 30 days after all lobbying activities on behalf of the employer in a calendar year are 02 terminated or, if lobbying activities on behalf of the employer do not terminate before 03 the end of a calendar year, on or before January 30 of the following year. 04 * Sec. 20. AS 24.45.121(a) is amended to read: 05  (a) A lobbyist may not 06  (1) engage in any activity as a lobbyist before registering under 07 AS 24.45.041; 08  (2) do anything with the intent of placing a public official under 09 personal obligation to the lobbyist or to the lobbyist's employer; 10  (3) intentionally deceive or attempt to deceive any public official with 11 regard to any material fact pertinent to pending or proposed legislative or 12 administrative action; 13  (4) cause or influence the introduction of a legislative measure solely 14 for the purpose of thereafter being employed to secure its passage or its defeat; 15  (5) cause a communication to be sent to a public official in the name 16 of any fictitious person or in the name of any real person, except with the consent of 17 that person; 18  (6) accept or agree to accept any payment in any way contingent upon 19 the defeat, enactment, or outcome of any proposed legislative or administrative action; 20  (7) serve as a member of a state board, or commission, if the lobbyist's 21 employer may receive direct economic benefit from a decision of that board or 22 commission; 23  (8) serve as a campaign manager or director, serve as a campaign 24 treasurer or deputy campaign treasurer on a finance or fund-raising committee, host a 25 fund-raising event, or otherwise actively engage in the fund-raising activity of a 26 legislative campaign if the lobbyist has registered during the calendar year; this 27 paragraph does not apply to a representational lobbyist as defined in the regulations 28 of the Alaska Public Offices Commission, and does not prohibit a lobbyist from 29 making personal contributions to or personally advocating on behalf of a candidate; 30  (9) offer, solicit, initiate, facilitate, or provide to or on behalf of a 31 person covered by AS 24.60, during a legislative session, a gift, other than food or 01 beverage for immediate consumption; 02  (10) make or offer a gift or a campaign contribution whose acceptance 03 by the person to whom it is offered would violate AS 24.60; 04  (11) use state property or resources in the conduct of the lobbyist's 05 business unless the use is nominal and the use is available to members of the 06 general public. 07 * Sec. 21. AS 24.45.141 is amended to read: 08  Sec. 24.45.141. CIVIL PENALTIES [PENALTY: LATE REGISTRATION, 09 FILING OF REQUIRED STATEMENTS OR REPORTS]. A person who fails to 10 register or file the properly completed and certified statement required under 11 AS 24.45.041 within the time required by this chapter is subject to a civil penalty 12 of not more than $50 a day for each day the delinquency continues as determined 13 by the commission. A person who fails to register or to file a properly completed and 14 certified report or statement, as applicable, other than the statement required under 15 AS 24.45.041, within the time required by this chapter is subject to a civil penalty of 16 not more than $10 a day for each day the delinquency continues as determined by the 17 commission [SUBJECT TO RIGHT OF APPEAL TO THE SUPERIOR COURT. AN 18 AFFIDAVIT STATING FACTS IN MITIGATION MAY BE SUBMITTED TO THE 19 COMMISSION BY A PERSON AGAINST WHOM A CIVIL PENALTY IS 20 ASSESSED. HOWEVER, THE IMPOSITION OF THE PENALTIES PRESCRIBED 21 IN THIS SECTION OR IN AS 24.45.151 DOES NOT EXCUSE THE LOBBYIST OR 22 EMPLOYER OF A LOBBYIST FROM FILING STATEMENTS OR REPORTS 23 REQUIRED BY THIS CHAPTER]. 24 * Sec. 22. AS 24.45.141 is amended by adding new subsections to read: 25  (b) A person who violates a provision of this chapter other than a provision 26 for which a penalty is prescribed by (a) of this section is subject to a civil penalty of 27 not more than $20,000 for each offense or twice the amount gained by the misconduct 28 that resulted in a violation, whichever is greater, as determined by the commission. 29 The commission may also assess a person subject to a penalty under this subsection 30 with the costs of investigating and adjudicating the violation on which the penalty is 31 based. The costs of investigation and adjudication shall be determined by the 01 commission. 02  (c) A person against whom a civil penalty is assessed under this section may 03 submit to the commission an affidavit stating facts in mitigation. 04  (d) A determination of the commission under this section is subject to right 05 of appeal to the superior court. 06  (e) The imposition of penalties prescribed in this section or in AS 24.45.151 07 does not excuse the person from filing reports required under this chapter. 08 * Sec. 23. AS 24.45.171 is amended by adding a new paragraph to read: 09  (13) "representational lobbyist" means an individual who is not 10 employed by the person or group on whose behalf the individual is lobbying and who 11 does not receive for the lobbying a salary, fee, retainer, or other economic 12 consideration except for reimbursement of travel and personal living expenses. 13 * Sec. 24. AS 39.50.020 is amended to read: 14  Sec. 39.50.020. REPORT OF FINANCIAL AND BUSINESS INTERESTS. 15 (a) A judicial officer, commissioner, chair or member of a state commission or board 16 specified in AS 39.50.200(b), a person hired or appointed as head or deputy head of, 17 or director of a division within, a department in the executive branch, a person 18 appointed as assistant to the governor, a state investment officer and the state 19 comptroller in the Department of Revenue, [AND] a municipal officer, and a 20 legislative director shall file a statement giving income sources and business interests, 21 under oath and on penalty of perjury, within 30 days after taking office as a public 22 official. Candidates for state elective office other than a candidate who is subject to 23 AS 24.60 shall file such a statement with the director of elections at the time of filing 24 a declaration of candidacy or within 30 days of the filing of a nominating petition, or 25 within 30 days of becoming a candidate by any other means. Candidates for elective 26 municipal office shall file such a statement at the time of filing a nominating petition, 27 declaration of candidacy, or other required filing for the elective municipal office. 28 Refusal or failure to file within the time prescribed shall require that the candidate's 29 filing fees, if any, and filing for office be refused or that a previously accepted filing 30 fee be returned and the candidate's name removed from the filing records. A statement 31 shall also be filed by public officials no later than April 15 or 15 days after the person 01 files a federal income tax return in each following year, whichever comes first. 02 [PERSONS WHO, ON OR AFTER DECEMBER 11, 1974, WERE MEMBERS OF 03 BOARDS OR COMMISSIONS NOT NAMED IN AS 39.50.200(b) ARE NOT 04 REQUIRED TO FILE FINANCIAL STATEMENTS.] 05  (b) The governor, lieutenant governor, a legislative director, a judicial officer 06 [OFFICERS], each commissioner, head or deputy head of, or director of a division 07 within, a department in the executive branch, assistant to the governor, state investment 08 officers and the state comptroller in the Department of Revenue, or chair or member 09 of a commission or board required to report under this chapter, shall file the statement 10 with the Alaska Public Offices Commission. Candidates for the office of governor and 11 lieutenant governor and, if the candidate is not subject to AS 24.60, the legislature 12 shall file the statement under AS 15.25.030 or 15.25.180. Municipal officers, and 13 candidates for elective municipal office, shall file with the municipal clerk or other 14 municipal official designated to receive their filing for office. All statements required 15 to be filed under this chapter are public records. 16 * Sec. 25. AS 39.50.030(a) is amended to read: 17  (a) Each statement shall be an accurate representation of the financial affairs 18 of the public official or candidate and shall contain the same information for each 19 member of the person's family, as specified in (b) of this section, to the extent that it 20 is ascertainable by the public official or candidate. [AN ASSET OR LIABILITY 21 UNDER $500, HOUSEHOLD GOODS, AND PERSONAL EFFECTS NEED NOT BE 22 IDENTIFIED.] 23 * Sec. 26. AS 39.50.030(b) is amended to read: 24  (b) Each statement filed by a public official or candidate under this chapter 25 shall include the following: 26  (1) the source of all income over $100 during the preceding calendar 27 year, including taxable and nontaxable capital gains, received by the person, the 28 person's spouse or dependent child, or a nondependent child of the person who is 29 living with that person; a legislator, candidate for the legislature, or legislative 30 director stating a source of income received as compensation for personal services 31 shall also state the name and address of the source of the income, the nature of 01 the services performed, and if the source of income is known or reasonably should 02 be known to have a substantial interest in legislative, administrative, or political 03 action, the amount of income received by the source; 04  (2) the identity, by name and address, of each business in which the 05 person, the person's spouse or dependent child, or a nondependent child of the person 06 who is living with that person was a stockholder, owner, officer, director, partner, 07 proprietor, or employee during the preceding calendar year; 08  (3) the identity and nature of each interest owned in any business 09 during the preceding calendar year by the person, the person's spouse or dependent 10 child, or a nondependent child of the person who is living with that person; 11  (4) the identity and nature of each interest in real property, including 12 an option to buy, owned at any time during the preceding calendar year by the person, 13 the person's spouse or dependent child, or a nondependent child of the person who is 14 living with that person; 15  (5) the identity of each trust or other fiduciary relation in which the 16 person, the person's spouse or dependent child, or a nondependent child of the person 17 who is living with that person held a beneficial interest exceeding $1,000 during the 18 preceding calendar year, a description and identification of the property contained in 19 each trust or relation, and the nature and extent of the beneficial interest in it; 20  (6) any loan or loan guarantee made to the person, the person's spouse 21 or dependent child, or a nondependent child of the person who is living with that 22 person, and the identity of the maker of the loan or loan guarantor and the identity of 23 each creditor to whom the person, the person's spouse or dependent child, of a 24 nondependent child of the person who lives with that person owed more than $500; 25 a legislator, candidate for the legislature, or legislative director stating a loan or 26 loan guarantee from a source with a substantial interest in legislative, 27 administrative, or political action shall also state the name and address of the 28 person making the loan or the guarantee, the amount of the loan, the terms and 29 conditions under which the loan or guarantee was given, the amount outstanding 30 at the time of filing, and whether or not a written loan agreement exists [$500 OR 31 MORE]; 01  (7) a list of all contracts and offers to contract with the state or an 02 instrumentality of the state during the preceding calendar year held, bid, or offered by 03 the person, the person's spouse or dependent child, a nondependent child of the person 04 who is living with that person, a partnership or professional corporation of which 05 the person is a member or shareholder [THE PERSON'S MOTHER OR FATHER], 06 or a corporation in which the person or the person's spouse or children, or a 07 combination of them, hold a controlling interest; [AND] 08  (8) a list of all mineral, timber, oil, or any other natural resource lease 09 held, or lease offer made, during the preceding calendar year by the person, the 10 person's spouse, the person's dependent child, a nondependent child of the person 11 who is living with that person, [THE PERSON'S MOTHER OR FATHER,] a 12 partnership or professional corporation of which the person is a member, or a 13 corporation in which the person or the person's spouse or children, or a combination 14 of them, holds a controlling interest; and 15  (9) the source of a gift, other than an inheritance, received during 16 the preceding calendar year by the person, the person's spouse or dependent 17 child, or a nondependent child of the person who is living with the person, if the 18 amount of the gift exceeds 19  (A) $100 and is received from a person who is not a member 20 of the recipient's family; or 21  (B) $10,000 per year and is received from a family member 22 of the recipient. 23 * Sec. 27. AS 39.50.030 is amended by adding new subsections to read: 24  (d) In this section, a person has a substantial interest in legislative, 25 administrative, or political action if the person 26  (1) is not a natural person and will be directly and substantially affected 27 financially by a legislative, administrative, or political action; 28  (2) is a natural person and will be directly and substantially affected 29 financially by a legislative, administrative, or political action in a way that is greater 30 than the effect on a substantial class of persons to which the person belongs as a 31 member of a profession, occupation, industry, or region; 01  (3) has or seeks contracts in excess of $10,000 annually for goods or 02 services with the legislature or with an agency of the state; or 03  (4) is required to register under AS 24.45.041 and is described under 04 AS 24.45.171(8)(A), but is not a volunteer lobbyist described in AS 24.45.161(a)(1) 05 or a representational lobbyist as defined in AS 24.45.171. 06  (e) For the purpose of (d) of this section, the state, the federal government, and 07 an agency, corporation, or other entity of or owned by the state or federal government 08 do not have a substantial interest in legislative, administrative, or political action. 09 * Sec. 28. AS 39.50.050(d) is amended to read: 10  (d) To facilitate the filing of reports under AS 24.45 (Regulation of Lobbying) 11 and the information required to be provided under AS 24.45.051(4) [AND (5)], the 12 commission shall publish copies of the reports required under this chapter not later 13 than the convening of each regular session of the legislature. Copies of this publication 14 shall be provided on request; however, the commission may make a charge for the 15 publication that may not exceed the actual cost of printing, postage and handling. 16 * Sec. 29. AS 39.50.050 is amended by adding a new subsection to read: 17  (e) The Alaska Public Offices Commission shall examine, investigate, and 18 compare all reports and statements required under AS 39.50.020. 19 * Sec. 30. AS 39.50.135 is amended to read: 20  Sec. 39.50.135. CIVIL PENALTIES [PENALTY: LATE FILING OF 21 REQUIRED REPORTS]. A person who fails to file a properly completed and certified 22 report within the time required by this chapter is subject to a civil penalty of not more 23 than $10 a day for each day the delinquency continues as the commission determines 24 [SUBJECT TO APPEAL TO THE SUPERIOR COURT. AN AFFIDAVIT STATING 25 FACTS IN MITIGATION MAY BE SUBMITTED TO THE COMMISSION BY A 26 PERSON AGAINST WHOM A CIVIL PENALTY IS ASSESSED. HOWEVER, THE 27 IMPOSITION OF THE PENALTIES PRESCRIBED IN THIS SECTION OR IN 28 AS 39.50.060 - 39.50.130 DOES NOT EXCUSE THAT PERSON FROM FILING 29 REPORTS REQUIRED BY THIS CHAPTER]. 30 * Sec. 31. AS 39.50.135 is amended by adding new subsections to read: 31  (b) In addition to other penalties prescribed in this chapter, a person who 01 violates a provision of this chapter other than a provision for which a penalty is 02 prescribed in (a) of this section is subject to a civil penalty of not more than $20,000 03 for each offense or twice the amount gained by the misconduct that resulted in a 04 violation, whichever is greater, as determined by the commission. The commission 05 may also assess a person subject to a penalty under this subsection with the costs of 06 investigating and adjudicating the violation on which the penalty is based. The costs 07 of investigation and adjudication shall be determined by the commission. 08  (c) A person against whom a civil penalty is assessed under this section may 09 submit to the commission an affidavit stating facts in mitigation. 10  (d) A determination of the commission under this section is subject to right 11 of appeal to the superior court. 12  (e) The imposition of penalties prescribed in this section or elsewhere in this 13 chapter does not excuse the person from filing reports required under this chapter. 14 * Sec. 32. AS 39.50 is amended by adding a new section to read: 15  Sec. 39.50.147. APPLICABILITY OF CHAPTER. This chapter does not 16 apply to a municipal officer in a municipality with a population under 1,000 according 17 to the latest United States census figures or according to population estimates that are 18 certified correct for administrative purposes by the Department of Community and 19 Regional Affairs. 20 * Sec. 33. AS 39.50.200(a) is amended to read: 21  (a) In this chapter, 22  (1) "assistant to the governor" includes any executive, legislative, 23 special, administrative or press assistant to the governor, and any person similarly 24 employed; 25  (2) "child" includes a biological child, an adoptive child, and a 26 stepchild; 27  (3) "commission" means the Alaska Public Offices Commission created 28 under AS 15.13.020(a); 29  (4) "income" means assets that are received, regardless of whether 30 they are earned or unearned; inheritances and other gifts are not income; 31  (5) "instrumentality of the state" means a state department or agency, 01 whether in the legislative, judicial, or executive branch, including the University of 02 Alaska; 03  (6) [(5)] "judicial officer" means a person appointed as a justice to the 04 supreme court or as a judge to the court of appeals, superior court, district court, or 05 magistrate court; 06  (7) "legislative director" means the fiscal analyst of the legislative 07 finance division, the legislative auditor of the legislative audit division, the 08 executive director of the legislative affairs agency, and the directors of the 09 divisions within the legislative affairs agency; 10  (8) [(6)] "mother or father" includes a biological parent, an adoptive 11 parent, and a step-parent; 12  (9) [(7)] "municipal officer" includes a borough or city mayor, borough 13 assemblyman, city councilman, school board member, elected utility board member, 14 city or borough manager, members of a city or borough planning or zoning 15 commission within a home rule or general law city or borough, or a unified 16 municipality; 17  (10) [(8)] "public official" means a judicial officer, a legislative 18 director, the governor, the lieutenant governor, a person hired or appointed as the head 19 or deputy head of, or director of a division, a department in the executive branch, an 20 assistant to the governor, chair or member of a state commission or board, state 21 investment officers and the state comptroller in the Department of Revenue, the 22 executive director of the Alaska Tourism Marketing Council, and each appointed or 23 elected municipal officer; 24  (11) [(9)] "source of income" means the entity for which service is 25 performed or which is otherwise the origin of payment; if the person whose income 26 is being reported is employed by another, the employer is the source of income; but 27 if the person whose income is being reported is self-employed by means of a [SOLE 28 PROPRIETORSHIP, PARTNERSHIP, PROFESSIONAL CORPORATION, OR A] 29 corporation in which the person, the person's spouse or children, or a combination of 30 them has [, HOLD] a controlling interest, or is self-employed by means of a sole 31 proprietorship, an interest in a partnership, or an interest in a professional 01 corporation, the "source of income" is the client or customer of the proprietorship, 02 partnership or corporation, but if the entity which is the origin of payment is not the 03 same as the client or customer for whom the service is performed, both are considered 04 the source. [;] 05 * Sec. 34. AS 24.45.041(c), 24.45.051(5), and 24.45.116 are repealed. 06 * Sec. 35. This Act takes effect January 1, 1995.