00                       CS FOR SENATE BILL NO. 15(JUD)                                                                    
01 "An Act relating to the Open Meetings Act; establishing a warning and civil and                                         
02 criminal penalties for violations of the open meeting requirements by certain elected                                   
03 members of governmental bodies; and relating to the duties of the Alaska Public Offices                                 
04 Commission and the attorney general."                                                                                   
05 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA:                                                                
06    * Section 1. AS 15.13 is amended by adding a new section to read:                                                  
07 Sec. 15.13.395. Open meetings violations. A person may file with the                                                  
08 commission an administrative complaint against a person for a violation described in                                    
09 AS 44.62.310(i). When an administrative complaint has been filed, the commission                                        
10 shall give the respondent due notice and an opportunity to be heard, except that, if the                                
11 alleged violation would be the person's third violation, the commission shall refer the                                 
12 matter to the attorney general for criminal proceedings against the respondent under                                    
13 AS 44.62.310(i). If, at the conclusion of the hearing, the commission determines that                                   
14 the respondent engaged in the alleged violation, the commission shall, if the violation                                 
01 is the respondent's first violation, give the respondent a warning under                                                
02 AS 44.62.310(i) or, if the violation is the respondent's second violation, assess a civil                               
03 penalty under AS 44.62.310(i). The commission's determination under this section                                        
04       may be appealed to the superior court under AS 44.62 (Administrative Procedure Act).                              
05    * Sec. 2. AS 44.62.310 is amended by adding a new subsection to read:                                              
06 (i)  A member of a governmental body that is made up of elected public                                                  
07 officials who knowingly attends a meeting of the governmental body that violates this                                   
08 section is subject to a warning if the violation is the member's first violation, liable to                             
09 the state for a civil penalty not to exceed $1,000 if the violation is the member's                                     
10 second violation, or guilty of a class B misdemeanor if the violation is the member's                                   
11 third violation. The Alaska Public Offices Commission shall advise a member in the                                      
12 warning that a second violation is subject to a civil penalty not to exceed $1,000 and a                                
13 third violation is a class B misdemeanor. The Alaska Public Offices Commission shall                                  
14       enforce this subsection under AS 15.13.395. In this subsection,                                                   
15 (1)  "elected public official" means a person who has been elected to a                                                 
16 governmental body at a regular or special election held by a municipality, school                                       
17       district, or regional educational attendance area;                                                                
18                 (2)  "knowingly" has the meaning given in AS 11.81.900(a).                                            
19    * Sec. 3. The uncodified law of the State of Alaska is amended by adding a new section to                          
20 read:                                                                                                                   
21 APPLICABILITY. AS 15.13.395, added by sec. 1 of this Act, and AS 44.62.310(i),                                          
22 added by sec. 2 of this Act, apply to conduct occurring on or after the effective date of this                          
23 Act.