00 CS FOR SENATE BILL NO. 64(JUD) 01 "An Act relating to bribery, receiving a bribe, and receiving unlawful gratuities; 02 relating to the requirement for candidates, groups, legislators, public officials, and other 03 persons to submit reports electronically to the Alaska Public Offices Commission; 04 relating to the use of state government assets and resources when there is no charge to 05 the state for their use, and to the use of state aircraft for partisan political purposes; 06 relating to disclosures by public officials and certain candidates for public office 07 concerning services performed for compensation and concerning certain income, gifts, 08 and other financial matters; relating to gifts received by a public officer or a public 09 officer's immediate family; expanding the number of boards and commissions whose 10 members and chairs are required to disclose certain financial information to the Alaska 11 Public Offices Commission; and providing for an effective date." 12 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 01  * Section 1. AS 11.56.130 is amended to read: 02 Sec. 11.56.130. Definition. In AS 11.56.100 - 11.56.130, "benefit" has the 03 meaning ascribed to it in AS 11.81.900 but does not include 04 (1) political campaign contributions reported in accordance with 05 AS 15.13 unless the contribution is made or received in exchange for an  06 agreement to alter an elected official's or candidate's vote or position on a state  07 administrative matter or a legislative or municipal matter; 08 (2) concurrence in official action in the cause of legitimate 09 compromise between public servants; or 10 (3) support, including a vote, solicited by a public servant or offered by 11 any person in an election.  12  * Sec. 2. AS 15.13.040(m) is repealed and reenacted to read: 13 (m) Information required under this chapter shall be submitted to the 14 commission electronically. However, the following information may be submitted in 15 clear and legible black typeface or hand-printed in dark ink on paper in a format 16 approved by the commission or on forms provided by the commission: 17 (1) information submitted by a candidate for municipal office; in this 18 paragraph, "municipal office" means the office of an elected borough or city 19 (A) mayor; 20 (B) planning commissioner; 21 (C) utility board member; or 22 (D) assembly, council, or school board member; 23 (2) any information if the commission determines that circumstances 24 warrant an exception to the electronic submission requirement; 25 (3) information submitted before May 1, 2009, by a candidate for the 26 legislature.  27  * Sec. 3. AS 24.60.210 is amended by adding a new subsection to read: 28 (c) The Alaska Public Offices Commission shall require that the reports 29 required under this section be submitted electronically but may, when circumstances 30 warrant an exception, accept any information required under this section that is typed 31 in clear and legible black typeface or hand-printed in dark ink on paper in a format 01 approved by the commission or on forms provided by the commission and that is filed 02 with the commission. 03  * Sec. 4. AS 39.50.030(b) is amended to read: 04 (b) Each statement filed by a public official or candidate under this chapter 05 must include the following: 06 (1) for [THE SOURCE OF] all income over $1,000 [$5,000] during 07 the preceding calendar year, including taxable and nontaxable capital gains, and each  08 gift with a value exceeding $250, received by the person, the person's spouse or 09 domestic partner, or the person's dependent child, 10 (A) the source of the income or gift;  11 (B) the receipt of the income or gift;  12 (C) the amount of the income or value of the gift;  13 (D) the number of hours of services performed, if any, to  14 earn the income or for which the gift was given; and  15 (E) a detailed description of the nature of the services  16 performed [EXCEPT THAT A SOURCE OF INCOME THAT IS A GIFT 17 MUST BE INCLUDED IF THE VALUE OF THE GIFT EXCEEDS $250];  18 (2) the identity, by name and address, of each business in which the 19 person, the person's spouse or domestic partner, or the person's dependent child has an 20 interest or was a stockholder, owner, officer, director, partner, proprietor, or employee 21 during the preceding calendar year, except that an interest of less than $1,000 [$5,000] 22 in the stock of a publicly traded corporation need not be included; 23 (3) the identity and nature of each interest in real property, including 24 an option to buy, owned at any time during the preceding calendar year by the person, 25 the person's spouse or domestic partner, or the person's dependent child; 26 (4) the identity of each trust or other fiduciary relation in which the 27 person, the person's spouse or domestic partner, or the person's dependent child held a 28 beneficial interest exceeding $1,000 [$5,000] during the preceding calendar year, a 29 description and identification of the property contained in each trust or relation, and 30 the nature and extent of the beneficial interest in it; 31 (5) any loan or loan guarantee of more than $1,000 [$5,000] made to 01 the person, the person's spouse or domestic partner, or the person's dependent child, 02 and the identity of the maker of the loan or loan guarantor and the identity of each 03 creditor to whom the person, the person's spouse or domestic partner, or the person's 04 dependent child owed more than $1,000 [$5,000]; this paragraph requires disclosure of 05 a loan, loan guarantee, or indebtedness only if the loan or guarantee was made, or the 06 indebtedness incurred, during the preceding calendar year, or if the amount still owing 07 on the loan, loan guarantee, or indebtedness was more than $1,000 [$5,000] at any 08 time during the preceding calendar year; 09 (6) a list of all contracts and offers to contract with the state or an 10 instrumentality of the state during the preceding calendar year held, bid, or offered by 11 the person, the person's spouse or domestic partner, or the person's dependent child, 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, domestic partner, or dependent 14 child [CHILDREN], or a combination of them, hold a controlling interest; and 15 (7) a list of all mineral, timber, oil, or any other natural resource lease 16 held, or lease offer made, during the preceding calendar year by the person, the 17 person's spouse or domestic partner, or the person's dependent child, a partnership or 18 professional corporation of which the person is a member, or a corporation in which 19 the person or the person's spouse, [OR] domestic partner, or dependent child 20 [CHILDREN], or a combination of them, holds a controlling interest. 21 * Sec. 5. AS 39.50.050(a) is amended to read: 22 (a) The Alaska Public Offices Commission created under AS 15.13.020(a) 23 shall administer the provisions of this chapter. The commission shall prepare and keep 24 available for distribution standardized forms on which the reports required by this 25 chapter shall be filed. The commission shall print the forms provided under this 26 section so that the front and back of each page have the same orientation when the 27 page is rotated on the vertical axis of the page. The commission shall require [MAY 28 REQUEST] that the information required under this chapter, unless it is information  29 required of a municipal officer, be submitted electronically but may, when  30 circumstances warrant an exception, [SHALL] accept any information required 31 under this chapter that is typed in clear and legible black typeface or hand-printed in 01 dark ink on paper in a format approved by the commission or on forms provided by 02 the commission and that is filed with the commission. A municipal officer shall  03 submit information required under this chapter either electronically or typed or  04 handprinted in the manner described in this subsection.  05  * Sec. 6. AS 39.50.200(b) is amended by adding new paragraphs to read: 06 (59) Alaska Industrial Development and Export Authority (AS 44.88); 07 (60) the board of directors of the Knik Arm Bridge and Toll Authority 08 (AS 19.75.031 and 19.75.041); 09 (61) Alaska labor relations agency (AS 23.05.360 - 23.05.390); 10 (62) the Board of Trustees of the Alaska Mental Health Trust 11 Authority (AS 47.30.016); 12 (63) the board of directors of the Alaska Railroad Corporation 13 (AS 42.40.020 - 42.40.060).  14  * Sec. 7. AS 39.52.120(b) is amended to read: 15 (b) A public officer may not 16 (1) seek other employment or contracts through the use or attempted 17 use of official position; 18 (2) accept, receive, or solicit compensation for the performance of 19 official duties or responsibilities from a person other than the state; 20 (3) use state time, property, equipment, or other facilities to benefit 21 personal or financial interests; 22 (4) take or withhold official action in order to affect a matter in which 23 the public officer has a personal or financial interest; 24 (5) attempt to benefit a personal or financial interest through coercion 25 of a subordinate or require another public officer to perform services for the private 26 benefit of the public officer at any time; or 27 (6) use or authorize the use of state funds, facilities, equipment, 28 services, or another government asset or resource for partisan political purposes; this 29 paragraph does not prohibit use of the governor's residence for meetings to discuss 30 political strategy and does not prohibit use of state aircraft or the communications 31 equipment in the governor's residence so long as there is no [SPECIAL] charge to the 01 state for the use; in this paragraph, "for partisan political purposes" 02 (A) means having the intent to differentially benefit or harm a 03 (i) candidate or potential candidate for elective office; 04 or 05 (ii) political party or group; 06 (B) but does not include having the intent to benefit the public 07 interest at large through the normal performance of official duties. 08  * Sec. 8. AS 39.52.120 is amended by adding a new subsection to read: 09 (f) Use of state aircraft for partisan political purposes is permitted under (b) of 10 this section only when the use is collateral or incidental to the normal performance of 11 official duties and does not exceed 10 percent of the total of the use of the aircraft for 12 official purposes and partisan political purposes, combined, on a single trip. A public 13 officer who authorizes or makes any partisan political use of a state aircraft under (b) 14 of this section shall disclose the authorization and use under AS 39.52.210 or 15 39.52.220 for each trip, and the person who uses the aircraft shall reimburse the state 16 for the proportionate share of the actual cost of the use. 17 * Sec. 9. AS 39.52.130(a) is amended to read: 18 (a) A public officer may not solicit, accept, or receive, directly or indirectly, a 19 gift, whether in the form of money, service, loan, travel, entertainment, hospitality, 20 employment, promise, or in any other form, that is a benefit to the officer's personal or 21 financial interests, under circumstances in which it could reasonably be inferred that 22 the gift is intended to influence the performance of official duties, actions, or 23 judgment. A gift from a person required to register as a lobbyist under  24 AS 24.45.041 to a public officer or a public officer's immediate family member is  25 presumed to be intended to influence the performance of official duties, actions,  26 or judgment unless the giver is an immediate family member of the person  27 receiving the gift.  28  * Sec. 10. The uncodified law of the State of Alaska is amended by adding a new section to 29 read: 30 APPLICABILITY. Section 1 of this Act applies to offenses occurring on or after the 31 effective date of section 1 of this Act.  01  * Sec. 11. Section 3 of this Act takes effect July 1, 2008. 02  * Sec. 12. Section 5 of this Act takes effect July 1, 2007. 03  * Sec. 13. Except as provided in secs. 11 and 12 of this Act, this Act takes effect 04 immediately under AS 01.10.070(c).