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CSSB 141(STA) Detail
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CSSB 141(STA): "An Act relating to legislative ethics; prohibiting the spouses and cohabitants of legislators from serving as legislative lobbyists; relating to campaigning by state employees; relating to the filing of financial disclosures by certain state employees and officials; and providing for an effective date."

00CS FOR SENATE BILL NO. 141(STA) 01 "An Act relating to legislative ethics; prohibiting the spouses and cohabitants 02 of legislators from serving as legislative lobbyists; relating to campaigning by 03 state employees; relating to the filing of financial disclosures by certain state 04 employees and officials; and providing for an effective date." 05 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 06 * Section 1. AS 24.25.010(e) is amended to read: 07 (e) This section does not apply to the legislative council, the Select 08 Committee on Legislative Ethics, or [NOR TO] the Legislative Budget and Audit 09 Committee. 10 * Sec. 2. AS 24.45 is amended by adding a new section to read: 11 Sec. 24.45.165. SPOUSES AND COHABITANTS OF LEGISLATORS. (a) 12 A spouse of or a person cohabitating with a legislator may not engage in lobbying the 13 legislature during the legislator's term of office. 14 (b) In this section,

01 (1) "engage in lobbying" means to act as a lobbyist; 02 (2) "person cohabitating with a legislator" means a person who is 03 cohabitating with the legislator in a conjugal relationship that is not a legal marriage. 04 * Sec. 3. AS 24.60.030(a) is amended to read: 05 (a) A legislator or legislative employee may not 06 (1) solicit, agree to accept, or accept a benefit other than official 07 compensation for the performance of public duties; this paragraph may not be 08 construed to prohibit lawful solicitation for and acceptance of campaign contributions 09 or the acceptance of a lawful gratuity under AS 24.60.080; 10 (2) use public funds, facilities, equipment, services, or another 11 government asset or resource for a nongovernmental purpose or for the private benefit 12 of either the legislator, legislative employee, or another person; this paragraph does not 13 prohibit 14 (A) [LIMITED] use of state property and resources for personal 15 purposes if the use does not interfere with the performance of public duties and 16 either the cost or value related to the use is nominal or the legislator or 17 legislative employee reimburses the state for the cost; a legislative 18 employee shall comply with the policy on use of state property adopted by 19 the employee's supervisor; this subparagraph does not apply to telephone 20 or facsimile use; 21 (B) the use of mailing lists, computer data, or other information 22 lawfully obtained from a government agency and available to the general public 23 for nongovernmental purposes; or 24 (C) telephone or facsimile use; however, a legislator or 25 legislative employee who incurs a special charge for use of the telephone 26 or facsimile machine shall reimburse the state for the cost [THAT DOES 27 NOT CARRY A SPECIAL CHARGE]; 28 (3) knowingly seek, accept, use, allocate, grant, or award public funds 29 for a purpose other than that approved by law, or make a false statement in connection 30 with a claim, request, or application for compensation, reimbursement, or travel 31 allowances from public funds;

01 (4) require a legislative employee to perform services for the private 02 benefit of the legislator or employee at any time, or allow a legislative employee to 03 perform services for the private benefit of a legislator or employee on government 04 time; it is not a violation of this paragraph if the services were performed in an 05 unusual or infrequent situation and the person's services were reasonably necessary to 06 permit the legislator or legislative employee to perform official duties; 07 (5) use or authorize the use of state funds, facilities, equipment, 08 services, or another government asset or resource for the purpose of political fund 09 raising or campaigning; this paragraph does not prohibit 10 (A) [LIMITED] use of state property and resources for personal 11 purposes if the use does not interfere with the performance of public duties and 12 either the cost or value related to the use is nominal or the legislator or 13 legislative employee reimburses the state for the cost; a legislative 14 employee shall comply with the policy on use of state property adopted by 15 the employee's supervisor; this subparagraph does not apply to telephone 16 or facsimile use; 17 (B) the use of mailing lists, computer data, or other information 18 lawfully obtained from a government agency and available to the general public 19 for nongovernmental purposes; [OR] 20 (C) telephone or facsimile use; however, a legislator or 21 legislative employee who incurs a special charge for use of the telephone 22 or facsimile machine shall reimburse the state for the cost; or 23 (D) maintaining campaign records, including records 24 required by or relating to the Alaska Public Offices Commission, in a 25 legislator's office; however, an employee may not work on campaign 26 records on government time [THAT DOES NOT CARRY A SPECIAL 27 CHARGE]. 28 * Sec. 4. AS 24.60.030(c) is repealed and reenacted to read: 29 (c) Unless approved by the committee, during a campaign period for an 30 election in which the legislator or legislative employee is a candidate, a legislator or 31 legislative employee may not use or permit another to use state funds, other than funds

01 to which the legislator is entitled as an office allowance, to print or distribute a 02 political mass mailing to individuals eligible to vote for the candidate. In this 03 subsection, 04 (1) a "campaign period" is the period that 05 (A) begins 90 days before an election to the board of an electric 06 or telephone cooperative organized under AS 10.25, a municipal election or a 07 primary election or that begins on the date of the governor's proclamation 08 calling a special election; and 09 (B) ends the day after the cooperative election, municipal 10 election, or the general or special election; 11 (2) a mass mailing is considered to be political if it is from or about a 12 (A) legislator who is a candidate for reelection to the legislature 13 or election to another federal, state, or municipal office or to the board of a 14 telephone or electric cooperative; 15 (B) legislative employee who is a candidate for election to the 16 legislature or another federal, state, or municipal elective office or to the board 17 of a telephone or electric cooperative; 18 (C) person other than a legislator or a legislative employee who 19 is a candidate for election to the legislature. 20 * Sec. 5. AS 24.60.030(d) is amended to read: 21 (d) A legislator, a legislative employee, or another person on behalf of the 22 legislator or legislative employee, or a campaign committee of the legislator or 23 legislative employee, may not distribute or post campaign literature, placards, posters, 24 fund-raising notices, or other communications intended to influence the election of 25 a candidate in an election in public areas in a facility ordinarily used to conduct state 26 government business. For purposes of this subsection, the office of a legislator is 27 not considered to be a public area. 28 * Sec. 6. AS 24.60.030(f) is amended to read: 29 (f) A legislative employee may not serve in a position that requires 30 confirmation by the legislature. A legislator or legislative employee may serve on a 31 board of an organization, including a governmental entity, that regularly has a

01 substantial interest in the legislative activities of the legislator or employee, if the 02 legislator or employee discloses the board membership to the committee. A legislator 03 or legislative employee who is required to make a disclosure under this subsection 04 shall file an annual written report with the committee by February 15 of each 05 year stating the name of each organization on whose board the person serves. If 06 the legislator or legislative employee becomes a member of a board after filing the 07 annual disclosure statement, or after February 15 if no annual disclosure 08 statement is filed, the legislator or legislative employee shall file a supplemental 09 disclosure within 60 days after appointment or election to the board. The 10 committee shall maintain a public record of the disclosure and forward the 11 disclosure to the appropriate house for inclusion in the journal. This subsection 12 does not require a legislator or legislative employee who is appointed to a board 13 by the presiding officer to make a disclosure of the appointment to the committee 14 if the appointment has been published in the appropriate legislative journal 15 during the calendar year. 16 * Sec. 7. AS 24.60.030(g) is repealed and reenacted to read: 17 (g) A legislator or legislative employee who has a substantial financial interest 18 that may be affected by legislative, administrative, or political action may not take the 19 legislative, administrative, or political action unless the legislator or legislative 20 employee first discloses the financial interest as required by this subsection. Before 21 acting on a matter subject to this subsection in a legislative committee or a house of 22 the legislature, a legislator or legislative employee shall orally disclose the financial 23 interest to the committee or the legislative house, as appropriate. The disclosure shall 24 be reported in the journal or in the committee minutes, as appropriate. If the action 25 is not taken in a legislative committee or a house of the legislature, the legislator or 26 legislative employee shall disclose the financial interest to the committee in writing, 27 to be received by the committee within seven days after the legislator or legislative 28 employee took the action. This written disclosure is a public document. The 29 committee shall promptly forward the disclosure to the clerk of the house or the senate 30 secretary for publication in the journal. A disclosure under this subsection, whether 31 written or oral, must include the nature of the financial interest and a short description

01 of how the action taken affects the interest. In this subsection, a financial interest 02 includes 03 (1) an equity or ownership interest in a business, investment, real 04 property, lease, or other enterprise if the effect of the action on that interest is greater 05 than the effect on a substantial class of persons to which the legislator or legislative 06 employee belongs as a member of a profession, occupation, industry, or region; 07 (2) an interest based on employment of the legislator or legislative 08 employee or the spouse or dependent child of the legislator or legislative employee; 09 (3) an interest based on a contract in which the legislator or legislative 10 employee or the spouse or dependent child of the legislator or legislative employee is 11 entitled to receive a benefit from a business or other entity, including a personal 12 services contract; 13 (4) an interest created by membership on the board of directors of a 14 corporation regardless of whether the effect of the action on that interest is greater than 15 the effect on a substantial class of persons to which the legislator or legislative 16 employee belongs as a member of a profession, occupation, industry, or region. 17 * Sec. 8. AS 24.60.030 is amended by adding a new subsection to read: 18 (h) In this section, when determining whether an employee is considered to be 19 performing a task on government time, the committee shall consider the employee's work 20 schedule as set by the employee's immediate supervisor. An employee who engages in 21 political campaign activities other than incidental campaign activities as described in this 22 subsection during the employee's work day shall take leave for the period of 23 campaigning. Political campaign activities while on government time are permissible if 24 the activities are part of the normal legislative duties of the employee, including 25 answering telephone calls and handling of incoming correspondence. 26 * Sec. 9. AS 24.60.031(a) is amended to read: 27 (a) A legislator or legislative employee may not 28 (1) on a day when either house of [WHILE] the legislature is in regular 29 or special session, solicit or accept a contribution or a promise or pledge to make a 30 contribution for a state legislative campaign; 31 (2) accept money from an event held on a day when either house of the

01 legislature is in regular or special [DURING A LEGISLATIVE] session if a substantial 02 purpose of the event is [EITHER] to raise money on behalf of the member or legislative 03 employee for [CAMPAIGN PURPOSES OR TO RAISE MONEY FOR] state legislative 04 political purposes; or 05 (3) expend money in a state legislative campaign that was raised by or 06 on behalf of a legislator on a day when either house of the legislature was in 07 [DURING] a legislative session under a declaration of candidacy or a general letter of 08 intent to become a candidate for public office. 09 * Sec. 10. AS 24.60.039 is amended by adding a new subsection to read: 10 (b) If a person files a complaint with the committee under AS 24.60.170 11 alleging a violation of this section, the committee may refer the complainant to the State 12 Commission on Human Rights and may defer its consideration of the complaint until 13 after the complainant establishes to the satisfaction of the committee that the commission 14 has completed its proceedings in the matter. 15 * Sec. 11. AS 24.60.040(a) is amended to read: 16 (a) A legislator or legislative employee, or a member of the immediate family 17 of a legislator or legislative employee may not be a party to or have an interest in a state 18 contract or lease unless the contract or lease is let [THROUGH COMPETITIVE 19 SEALED BIDDING] under AS 36.30 (State Procurement Code) or, for agencies that 20 are not subject to AS 36.30, under similar procedures or the total annual amount of 21 the state contract or lease is $5,000 [$1,000] or less, or is a standardized contract or lease 22 that was developed under publicly established guidelines and is generally available to the 23 public at large, members of a profession, occupation, or group. A person has an interest 24 in a state contract or lease under this section if the person receives direct or indirect 25 financial benefits. A legislator or legislative employee who participates in, or who 26 knows or reasonably ought to know that a family member is participating in, a state 27 contract or lease that has an annual value of $5,000 or more shall disclose the 28 participation to the committee by February 15 of each year. The disclosure must 29 state the amount of the contract or lease and the name of the state agency issuing 30 the contract or lease, and must identify the procedures under which the contract 31 or lease was issued. If the disclosure concerns a contract or lease in which a family

01 member of the discloser is participating, the disclosure must identify the 02 relationship between the participant and the discloser. 03 * Sec. 12. AS 24.60.040 is amended by adding a new subsection to read: 04 (c) This section does not apply to a contract or lease issued under a state 05 program or loan that is subject to AS 24.60.050. A grant that results in a contract but 06 that is not subject to AS 24.60.050 is subject to this section. 07 * Sec. 13. AS 24.60.050(c) is amended to read: 08 (c) A legislator or legislative employee who participates in a program or receives 09 a loan that is not exempt from disclosure under (a) of this section shall file a written 10 report with the committee by February 15 of each year stating the amounts of the loans 11 outstanding or benefits received during the preceding calendar year from nonqualifying 12 programs. If the committee requests additional information necessary to determine the 13 propriety of participating in the program or receiving the loan, it shall be promptly 14 provided. The committee shall promptly compile a list of the statements indicating the 15 loans and programs and amounts and send it to the presiding officer of each house who 16 shall have it published in the supplemental journals within three weeks after [OF] the 17 filing date. A legislator or legislative employee who believes that disclosure of 18 participation in a program would be an invasion of the participant's right to 19 privacy under the state constitution may request the committee to keep the 20 disclosure confidential. If the committee finds that publication would constitute an 21 invasion of privacy, the committee shall publish only the fact that a person has 22 participated in the program and the amount of benefit that the unnamed person 23 received. The committee shall maintain the disclosure of the name of the person 24 as confidential and may only use the disclosure in a proceeding under AS 24.60.170. 25 If the disclosure becomes part of the record of a proceeding under AS 24.60.170, 26 the disclosure may be made public as provided in that section. 27 * Sec. 14. AS 24.60.060 is amended by adding a new subsection to read: 28 (b) A legislator or legislative employee who is the subject of a complaint under 29 AS 24.60.170 violates this section if the legislator or legislative employee violates a 30 protective order issued under AS 24.60.170(i). 31 * Sec. 15. AS 24.60.070(b) is amended to read:

01 (b) A legislator or legislative employee required to make a disclosure under 02 this section shall make an annual disclosure no later than February 15 of each year 03 of the legislator's or legislative employee's close economic associations then in 04 existence. If the legislator or legislative employee forms a close economic association 05 after that date, the disclosure must be made within 60 days after forming the 06 association. A disclosure under this section must be sufficiently detailed that a reader 07 of the disclosure can ascertain the nature of the association. 08 * Sec. 16. AS 24.60.070 is amended by adding a new subsection to read: 09 (d) When making a disclosure under (a) of this section concerning a relationship 10 with a lobbyist to whom the legislator or legislative employee is married or who is the 11 legislator's or legislative employee's spousal equivalent, the legislator or legislative 12 employee shall also disclose the name and address of each employer of the lobbyist and 13 the total monetary value received from the lobbyist's employer. The legislator or 14 legislative employee shall report changes in the employer of the spouse or spousal 15 equivalent within 48 hours after the change. In this subsection, 16 (1) "employer of the lobbyist" means the person from whom the lobbyist 17 received amounts or things of value for engaging in lobbying on behalf of the person; 18 (2) "spousal equivalent" means a person with whom the legislator or 19 legislative employee is living in a conjugal relationship not a legal marriage. 20 * Sec. 17. AS 24.60.080(a) is amended to read: 21 (a) Except as provided in (c) and (h) of this section, a [A] legislator or 22 legislative employee may not solicit, accept, or receive, directly or indirectly, a gift worth 23 $250 [$100] or more, whether in the form of money, services, a loan, travel, 24 entertainment, hospitality, promise, or other form, or gifts from the same person worth 25 less than $250 [$100] that in a calendar year aggregate to $250 [$100] or more in value. 26 Except for food or beverage for immediate consumption, a legislator or legislative 27 employee [, AND] may not solicit, accept, or receive during a legislative session a gift 28 with any monetary value from a lobbyist or a person acting on behalf of a lobbyist. 29 * Sec. 18. AS 24.60.080(c) is amended to read: 30 (c) Notwithstanding (a) of this section, it is not a violation of this section for a 31 legislator or legislative employee to accept

01 (1) hospitality, other than hospitality described in (4) of this subsection 02 (A) with incidental transportation at the residence of a person; 03 however, a vacation home located outside the state is not considered a 04 residence for the purposes of this subparagraph; or 05 (B) at a social event or meal; 06 (2) discounts that are available 07 (A) generally to the public or to a large class of persons to which 08 the person belongs; or 09 (B) when on state business; 10 (3) food or foodstuffs indigenous to the state that are shared generally 11 as a cultural or social norm; 12 (4) travel and hospitality primarily for the purpose of obtaining 13 information on matters of legislative concern; 14 (5) gifts from the immediate family of the person; or 15 (6) gifts that are not connected with the recipient's legislative status. 16 * Sec. 19. AS 24.60.080(d) is amended to read: 17 (d) A legislator or legislative employee who accepts a gift under (c)(4) [OR (6)] 18 of this section shall disclose the gift if it has a value of $250 [$100] or more; the [. 19 THE] disclosure must include the name and occupation of the person making the gift and 20 the approximate value of the gift. A gift under (c)(4) of this section required to be 21 disclosed under this subsection shall be disclosed to the committee within 30 days after 22 [OF] the receipt of the gift. Except as provided in (i) of this section, a gift [TO THE 23 COMMITTEE. GIFTS] under (c)(6) of this section that has a value of $250 or more 24 shall be disclosed to the committee annually on or before February 15 [APRIL 15] of 25 the following calendar year; the [AND THE] disclosure needs to include only a 26 description of the gift and the identity of the donor [THE VALUE ONLY IF THE 27 VALUE OF THE GIFT EXCEEDS $250]. The committee shall maintain a public record 28 of the disclosure it receives relating to gifts under (c)(4) of this section and shall forward 29 the disclosure to the appropriate house for inclusion in the journal. Disclosures relating 30 to gifts under (c)(6) of this section shall be maintained, but are confidential and may only 31 be used by the committee and its employees and contractors in the investigation of a

01 possible violation of this section or in a proceeding under AS 24.60.170. If the 02 disclosures become part of the record of a proceeding under AS 24.60.170, the 03 confidentiality provisions of that section apply to the disclosures. The committee shall 04 forward disclosures it receives from legislators concerning gifts under (c)(4) of this 05 section to the Alaska Public Offices Commission. 06 * Sec. 20. AS 24.60.080(f) is amended to read: 07 (f) Notwithstanding (a) of this section, a legislator or legislative employee may 08 accept a gift of property worth $250 [$100] or more, other than money, from a foreign 09 government or from the government of the United States or another state or from 10 an official of a foreign government or of the government of the United States or 11 another state if the person accepts the gift on behalf of the legislature. The person shall, 12 within 60 days after [OF] receiving the gift, deliver the gift to the legislative council, 13 which shall determine the appropriate disposition of the gift. 14 * Sec. 21. AS 24.60.080(g) is amended to read: 15 (g) In this section, "immediate family" or "family member" 16 (1) means 17 (A) the spouse of the person; 18 (B) another person cohabiting with the person in a conjugal 19 relationship with the person that is not a legal marriage; 20 (C) a child, including a stepchild and an adoptive child, of the 21 person; 22 (D) a parent, sibling, grandparent, aunt, or uncle of the 23 person; and 24 (E) a parent, sibling, grandparent, aunt, or uncle of the 25 person's spouse [HAS THE MEANING GIVEN IN AS 24.60.990(a)(5) AND 26 INCLUDES THE GRANDPARENTS, AUNTS, AND UNCLES OF A PERSON, 27 AND ALSO INCLUDES A PERSON DESCRIBED IN THIS SUBSECTION OR 28 AS 24.60.990(a)(5) WHO IS RELATED TO THE PERSON BY MARRIAGE]. 29 * Sec. 22. AS 24.60.080 is amended by adding new subsections to read: 30 (h) Notwithstanding (a) of this section, a legislator or legislative employee may 31 solicit, accept, or receive a gift on behalf of a recognized, nonpolitical charitable

01 organization in accordance with guidelines adopted by the committee. 02 (i) A legislator or legislative employee who receives an inheritance from a 03 person other than a family member shall disclose the fact of the receipt of an 04 inheritance and the identity of the person from whom it was received to the committee 05 within 60 days after receiving notice of the inheritance. The committee shall maintain 06 a public record of the disclosure. This subsection does not require disclosure of the 07 value of the inheritance. 08 (j) A legislator, a legislative committee other than the Select Committee on 09 Legislative Ethics, or a legislative agency may accept (1) a gift of volunteer services 10 for legislative purposes so long as the person making the gift of services is not 11 receiving compensation from another source for the services or (2) a gift of the 12 services of a trainee who is participating in an educational program approved by the 13 committee if the services are used for legislative purposes. The committee shall 14 approve training under a program of the University of Alaska and training under 29 15 U.S.C. 1501 - 1792b (Job Training Partnership Act). A legislative volunteer or 16 educational trainee shall be considered to be a legislative employee for purposes of 17 compliance with AS 24.60.030 - 24.60.039, 24.60.060, 24.60.080, 24.60.085, 24.60.158 18 - 24.60.170, 24.60.176, and 24.60.178. If a person believes that a legislative volunteer 19 or educational trainee has violated the provisions of one of those sections, the person 20 may file a complaint under AS 24.60.170. The provisions of AS 24.60.170 apply to 21 the proceeding. This subsection does not permit a legislator or legislative employee 22 to accept a gift of services for nonlegislative purposes. 23 (k) A legislator or legislative employee who knows or reasonably ought to 24 know that a family member has received a gift because of the family member's 25 connection with the legislator or legislative employee shall report the receipt of the gift 26 by the family member to the committee if the gift would have to be reported under this 27 section if it had been received by the legislator or legislative employee or if receipt of 28 the gift by a legislator or legislative employee would be prohibited under this section. 29 (l) In this section, the value of a gift shall be determined by the fair market 30 value of the gift to the extent that the fair market value can be determined. 31 * Sec. 23. AS 24.60.085(a) is amended to read:

01 (a) A legislator or legislative employee may not 02 (1) seek or accept compensation for personal services that is 03 significantly greater than the value of [INVOLVES PAYMENTS THAT ARE NOT 04 COMMENSURATE WITH] the services rendered taking into account the higher rates 05 generally charged by specialists in a profession; or 06 (2) accept a payment of anything of value, except for actual and 07 necessarily incurred travel expenses, for an appearance or speech by the legislator or 08 legislative employee; this paragraph does not apply to the salary paid to a legislator 09 or legislative employee for making an appearance or speech as part of the legislator's 10 or legislative employee's normal course of employment. 11 * Sec. 24. AS 24.60.100 is amended to read: 12 Sec. 24.60.100. REPRESENTATION. A legislator or legislative employee 13 who represents another person for compensation before an agency, board, or 14 commission of the state shall disclose the name of the person represented, the subject 15 matter of the representation, and the body before which the representation is to take 16 place to the committee. The disclosure shall be made within 60 days after 17 beginning the representation. In addition, a legislator or legislative employee 18 shall, no later than February 15, make an annual disclosure of all of the clients 19 represented during the previous calendar year. The committee shall maintain a 20 public record of a [THE] disclosure under this section and forward the disclosure to 21 the respective house for inclusion in the journal. A legislator or legislative employee 22 may not represent another person for compensation before an agency, committee, or 23 other entity of the legislative branch. 24 * Sec. 25. AS 24.60 is amended by adding a new section to article 2 to read: 25 Sec. 24.60.111. LEGAL DEFENSE AND ELECTION CHALLENGE FUNDS. 26 (a) A legislator or legislative employee may establish a fund to assist with the 27 payment of attorney fees and other costs arising from the legislator's or employee's 28 defense of a civil, criminal, or administrative action brought against the legislator or 29 employee, or from the prosecution or defense of an administrative or judicial action 30 concerning a contested election in which the legislator or employee is a candidate. 31 Contributions to a fund under this section are not subject to the restrictions of

01 AS 24.60.080. 02 (b) The Alaska Public Offices Commission shall adopt regulations relating to 03 the methods of establishing a fund under this section, the accounting requirements for 04 a fund, the uses for which money from the fund may be expended, and the disposition 05 of surplus money in the fund. A person who violates these regulations is guilty of a 06 class B misdemeanor and is subject to civil sanctions as recommended by the 07 committee under AS 24.60.178. 08 * Sec. 26. AS 24.60.111 is repealed and reenacted to read: 09 Sec. 24.60.111. LEGAL DEFENSE AND ELECTION CHALLENGE FUNDS. 10 (a) A legislator or legislative employee may establish a fund to assist with the 11 payment of attorney fees and other costs arising from the legislator's or employee's 12 defense of a civil, criminal, or administrative action brought against the legislator or 13 employee, or from the prosecution or defense of an administrative or judicial action 14 concerning a contested election in which the legislator or legislative employee was a 15 candidate. 16 (b) Notwithstanding the deadlines imposed by AS 15.13.070(d), contributions 17 to the fund may be solicited, offered, and accepted at any time permitted under this 18 chapter. Notwithstanding AS 15.13.070(e), a legislator or legislative employee may 19 solicit and accept contributions to a fund established under this section at any time 20 whether or not the legislature is in session. Notwithstanding AS 15.13.072, a legislator 21 or legislative employee may use the fund for the purposes set out in (a) of this section. 22 Notwithstanding AS 15.13.073, a legislator or legislative employee may distribute 23 money in the candidate's campaign fund or other assets of the campaign remaining 24 after the date of an election to a fund established under this section. 25 (c) Contributions to a fund under this section are not subject to the restrictions 26 of AS 24.60.031 or 24.60.080. 27 (d) The Alaska Public Offices Commission shall adopt regulations relating to 28 the methods of establishing a fund under this section, the accounting requirements for 29 a fund, the uses for which money from the fund may be expended, and the disposition 30 of surplus money in the fund. A person who violates these regulations is guilty of a 31 class B misdemeanor and is subject to civil sanctions as recommended by the

01 committee under AS 24.60.178. 02 * Sec. 27. AS 24.60.130(f) is amended to read: 03 (f) The committee may contract for professional services and may employ staff 04 as it considers necessary. A committee employee, including a person who provides 05 personal services under a contract with the committee, may not be a legislator, an 06 elected or appointed official of a state or local governmental entity, an officer of a 07 political party, a candidate for public office, or a registered lobbyist. The legislative 08 council shall provide office space, equipment, and additional staff support for the 09 committee. The committee shall submit a budget for each fiscal year to the finance 10 committees of the legislature and shall annually submit an estimated budget to the 11 governor for information purposes in preparation of the state operating budget. Public 12 members of the committee serve without compensation for their services, but are 13 entitled to travel and per diem expenses authorized for members of state boards 14 and commissions under AS 39.20.180. 15 * Sec. 28. AS 24.60.130(h) is amended to read: 16 (h) A member is disqualified from participating as a member in any 17 proceeding before the committee involving a complaint against the member or an 18 employee whose work is supervised by the member or an advisory opinion 19 requested by the member. If a regular legislative member is disqualified under this 20 subsection, an alternate shall be appointed under (o) of this section. [IF THE 21 LEGISLATURE IS IN SESSION WHEN A LEGISLATIVE MEMBER IS 22 DISQUALIFIED UNDER THIS SUBSECTION, THE PRESIDING OFFICER OF 23 THAT MEMBER'S HOUSE SHALL, WITH THE CONCURRENCE BY ROLL 24 CALL VOTE OF TWO-THIRDS OF THE FULL MEMBERSHIP OF THAT HOUSE, 25 APPOINT ANOTHER MEMBER FROM THAT HOUSE TO ACT AS A MEMBER 26 OF THE COMMITTEE IN THE PROCEEDING. IF THE LEGISLATURE IS NOT 27 IN SESSION WHEN A LEGISLATIVE MEMBER IS DISQUALIFIED, THE 28 PRESIDING OFFICER OF THE HOUSE OF WHICH THE DISQUALIFIED 29 LEGISLATOR IS A MEMBER SHALL APPOINT ANOTHER MEMBER FROM 30 THAT HOUSE, WITH A RECORDED CONCURRENCE OF A MAJORITY VOTE 31 OF THE SUBCOMMITTEE OF THAT HOUSE, TO ACT AS A MEMBER OF THE

01 COMMITTEE IN THE PROCEEDING.] 02 * Sec. 29. AS 24.60.130 is amended by adding a new subsection to read: 03 (o) When appointing members of the legislature to serve on the committee, the 04 speaker of the house or the president of the senate, as appropriate, shall appoint an 05 alternate member for each regular member. An alternate must have the same 06 qualifications as the regular member for whom the alternate stands as alternate and is 07 subject to confirmation as required for the regular member. If a regular legislative 08 member of the committee or a subcommittee is disqualified under (h) of this section 09 from serving on the committee or the subcommittee during a proceeding under 10 AS 24.60.170, the chair of the committee or a subcommittee shall appoint the regular 11 member's alternate to serve in place of the regular member in the proceeding unless 12 the alternate is also disqualified from serving. The appointment shall be treated as 13 confidential to the same extent that the identity of the subject of a complaint is 14 required to be kept confidential. 15 * Sec. 30. AS 24.60.134(a) is amended to read: 16 (a) Except as provided in (d) of this section, in [IN] addition to the 17 requirements of this chapter, a public member of the committee, an employee of the 18 committee, or a person under contract to provide personal services to the committee 19 may not, during the person's term of office or employment or during the life of 20 the contract, participate in 21 (1) [PARTICIPATE IN] political management or in a political 22 campaign for a candidate for election to federal, state, or local office, regardless 23 of whether the campaign is partisan or nonpartisan, or for a ballot measure of 24 any type [DURING THE PERSON'S TERM OF OFFICE, EMPLOYMENT, OR 25 CONTRACT]; 26 (2) [PARTICIPATE IN] the campaign of, attend campaign fund-raising 27 events for, or make a financial contribution to 28 (A) a candidate for the legislature; 29 (B) an incumbent legislator or legislative employee who is a 30 candidate for another public office; or 31 (C) a person running for another office against an incumbent

01 legislator or legislative employee; or 02 (3) [PARTICIPATE IN] lobbying activities that would require the 03 person to register as a lobbyist except as required to inform the legislature concerning 04 legislation requested by the committee or other matters related to the committee. 05 * Sec. 31. AS 24.60.134 is amended by adding new subsections to read: 06 (c) In addition to the prohibitions under (a) of this section, a public member 07 of the committee, an employee of the committee, or a person under contract to provide 08 personal services to the committee may not, during the duration of the person's term 09 of office or employment, or during the life of the contract, participate in or attend a 10 fund-raising event held on behalf of a political party. 11 (d) A person under contract to provide personal services to the committee who 12 is part of a corporation or partnership that includes individuals who will not be 13 participating directly in the work performed by the entity for the committee may 14 request the committee to exclude members of the entity from some or all of the 15 provisions of this section. The committee may grant the request if it finds that doing 16 so will not lead to the appearance that the committee is subject to undue political 17 influence and if there is no appearance of impropriety. 18 * Sec. 32. AS 24.60.150(b) is amended to read: 19 (b) The committee may 20 (1) recommend legislation to the legislature the committee considers 21 desirable or necessary to promote and maintain high standards of ethical conduct in 22 government; 23 (2) subpoena witnesses, administer oaths, and take testimony relating 24 to matters before the committee, and may require the production for examination of 25 any books or papers relating to any matter under investigation before the committee; 26 (3) adopt guidelines to implement this chapter; in adopting 27 guidelines, the committee shall provide notice of its intended action and an 28 opportunity for public comment; a person who reasonably relies on a guideline 29 adopted by the committee may not be penalized for having violated a conflicting 30 provision of this chapter. 31 * Sec. 33. AS 24.60.160 is amended to read:

01 Sec. 24.60.160. ADVISORY OPINIONS. (a) The committee shall issue an 02 advisory opinion within 60 [30] days on the request of a person to whom the chapter 03 applies or a person elected to the legislature who at the time of election is not a 04 member of the legislature as to whether the facts and circumstances of a particular case 05 constitute a violation of ethical standards. If it finds that it is advisable to do so, the 06 committee may issue an opinion under this section on the request of a person who 07 reasonably expects to become subject to this chapter within the next 45 days. The 08 60-day [30-DAY] period for issuing an opinion may be extended by the committee if 09 the person requesting the opinion consents. 10 (b) An [THE] opinion issued under this section is binding on the committee 11 in any subsequent proceedings concerning the facts and circumstances of the particular 12 case unless material facts were omitted or misstated in the request for the advisory 13 opinion. Except as provided in this chapter, an advisory opinion is confidential but 14 shall be made public if a written request by the person who requested the opinion is 15 filed with the committee. A person who requested an opinion, including a 16 legislator, may not require admittance to an executive session of the committee 17 when it is deliberating concerning the advisory opinion request. 18 * Sec. 34. AS 24.60.170(a) is amended to read: 19 (a) The committee shall consider a complaint alleging a violation of this 20 chapter if the alleged violation occurred within five years before [OF] the date that the 21 complaint is filed with the committee and, when the subject of the complaint is a 22 former member of the legislature, the complaint is filed within one year after [OF] the 23 subject's departure from the legislature. The committee may not consider a complaint 24 filed against all members of the legislature, against all members of one house of 25 the legislature, or against a person employed by the legislative branch of government 26 after the person has terminated legislative service. However, the committee may 27 reinstitute proceedings concerning a complaint that was closed because a former 28 employee terminated legislative service or because a legislator left the legislature 29 if the former employee or legislator resumes legislative service, whether as an 30 employee or legislator, within five years after the alleged violation. The committee 31 may also initiate complaints on its own motion, subject to the same time limitations.

01 The time limitations of this subsection do not bar proceedings against a person who 02 intentionally prevents discovery of a violation of this chapter. 03 * Sec. 35. AS 24.60.170(b) is amended to read: 04 (b) A complaint may be initiated by any person. The complaint must be in 05 writing and signed under oath by the person making the complaint. The committee 06 shall upon request provide a form for a complaint to a person wishing to file a 07 complaint. The committee shall immediately provide a copy of the complaint to the 08 person who is the subject of the complaint. The committee shall advise the 09 complainant of the provisions concerning release of confidential information set 10 out in (i) of this section. 11 * Sec. 36. AS 24.60.170(c) is amended to read: 12 (c) When the committee receives a complaint under (a) of this section, it may 13 assign the complaint to a staff person. The staff person shall conduct a 14 preliminary examination of the complaint and recommend to the committee 15 whether the allegations of the complaint, if true, constitute a violation of this 16 chapter and whether there is credible information to indicate that a further 17 investigation and proceeding is warranted. The recommendation shall be based 18 on the information and evidence contained in the complaint as supplemented by 19 the complainant and the subject of the complaint, if requested to do so by the 20 staff member. The committee shall consider the recommendation of the staff 21 member and shall determine whether the allegations of the complaint, if true, 22 constitute a violation of this chapter. If the committee determines that the allegations, 23 if proven, would not give rise to a violation, that the complaint is frivolous on its 24 face, that there is insufficient credible information that can be uncovered to 25 warrant further investigation by the committee, or that [IF] the committee's lack 26 of jurisdiction is apparent on the face of the complaint, the committee shall dismiss the 27 complaint [,] and shall notify the complainant and the subject of the complaint of the 28 dismissal. The committee may ask the complainant to provide clarification or 29 additional information before it makes a decision under this subsection and may 30 request information concerning the matter from the subject of the complaint. The 31 subject of a complaint is not obligated to provide the information. A proceeding

01 conducted under this subsection, documents that are part of a proceeding, and a 02 dismissal under this subsection are confidential as provided in (l) of this section 03 unless the subject of the complaint waives confidentiality as provided in that 04 subsection. 05 * Sec. 37. AS 24.60.170(f) is amended to read: 06 (f) If the committee determines after investigation that there is not probable 07 cause to believe that the subject of the complaint has violated this chapter, the 08 committee shall dismiss the complaint. The committee may also dismiss portions of 09 a complaint if it finds no probable cause to believe that the subject of the complaint 10 has violated this chapter as alleged in those portions. The committee shall issue a 11 decision explaining its dismissal. Committee deliberations and vote on the 12 dismissal order and decision are not open to the public or the subject of the 13 complaint. A copy of the dismissal order and decision shall be sent to the 14 complainant and to the subject of the complaint. Notwithstanding (l) of this section, 15 a dismissal order and decision is open to inspection and copying by the public. 16 * Sec. 38. AS 24.60.170(g) is amended to read: 17 (g) If the committee investigation determines that a probable violation of this 18 chapter exists that may be corrected by action of the subject of the complaint and that 19 does not warrant sanctions other than correction, the committee may issue an opinion 20 recommending corrective action. This opinion shall be provided to the complainant 21 and to the subject of the complaint, and is open to inspection by the public. The 22 subject of the complaint may comply with the opinion or may request a hearing before 23 the committee under (j) of this section. After the hearing the committee may amend 24 or affirm the opinion. If the subject of the complaint agrees to comply with the 25 opinion but later fails to complete the corrective action in a timely manner, the 26 committee may formally charge the person as provided in (h) of this section or 27 may refer the matter to the appropriate house of the legislature, in the case of a 28 legislator, or, in the case of a legislative employee, to the employee's appointing 29 authority. The appropriate house of the legislature or the appointing authority, 30 as appropriate, may take action to enforce the corrective action or may decline 31 to take action and refer the matter to the committee. In that case, the committee

01 may formally charge the person under (h) of this section. 02 * Sec. 39. AS 24.60.170(h) is amended to read: 03 (h) If the subject of a complaint fails to comply with an opinion and the 04 committee formally charges the person [ISSUED] under (g) of this section, or if the 05 committee determines after investigation that there is probable cause to believe that the 06 subject of the complaint has committed a violation of this chapter that may require 07 sanctions instead of or in addition to corrective action, the committee shall formally 08 charge the person. The charge shall be served on the person charged, in a manner 09 consistent with the service of summons under the rules of civil procedure, and a copy 10 of the charge shall be sent to the complainant. The person charged may file a 11 responsive pleading to the committee admitting or denying some or all of the 12 allegations of the charge. 13 * Sec. 40. AS 24.60.170(i) is amended to read: 14 (i) A person charged under (h) [(b)] of this section may engage in discovery 15 in a manner consistent with the Alaska Rules of Civil Procedure. The committee may 16 adopt procedures that 17 (1) impose reasonable restrictions on the time for this discovery and on 18 the materials that may be discovered; 19 (2) permit a person who is the subject of a complaint to engage in 20 discovery at an earlier stage of the proceedings; 21 (3) impose reasonable restrictions on the release of information that 22 the subject of a complaint acquires from the committee in the course of discovery, 23 or on information obtained by use of the committee's authority, in order to 24 protect the privacy of persons not under investigation to whom the information 25 pertains; however, the committee may not impose restrictions on the release of 26 information by the subject of the complaint unless the complainant has agreed to 27 be bound by similar restrictions and has not made public the information 28 contained in the complaint, information about the complaint, or the fact of filing 29 the complaint. 30 * Sec. 41. AS 24.60.170(l) is amended to read: 31 (l) Proceedings of the committee relating to complaints before it are

01 confidential until the committee determines that there is probable cause to believe that 02 a violation of this chapter has occurred. The complaint and all documents produced 03 or disclosed as a result of the committee investigation are confidential and not subject 04 to inspection by the public. If in the course of an investigation or probable cause 05 determination the committee finds evidence of probable criminal activity, the 06 committee shall transmit a statement and factual findings limited to that activity to the 07 appropriate law enforcement agency. If the committee finds evidence of a probable 08 violation of AS 15.13, the committee shall transmit a statement to that effect and 09 factual findings limited to the probable violation to the Alaska Public Offices 10 Commission. All meetings of the committee before the determination of probable 11 cause are closed to the public and to legislators who are not members of the 12 committee. However, the committee shall permit the subject of the complaint and 13 the subject's attorney to attend any meeting concerning the complaint, including 14 confidential meetings. The committee shall notify the subject of the complaint of 15 the schedule of its proceedings. The confidentiality provisions of this subsection may 16 be waived by the subject of the complaint, except that the subject of the complaint 17 may not waive the confidentiality duty the committee owes to others. 18 * Sec. 42. AS 24.60.174(a) is amended to read: 19 (a) If the person found to have violated this chapter is or was a member of the 20 legislature, the committee's recommendations shall be forwarded by the chair of the 21 committee to the presiding officer of the appropriate house of the legislature. If the 22 committee recommends sanctions other than expulsion from the legislature, the 23 committee recommendation 24 (1) must include a suggested timetable for the compliance reports 25 required under (e) of this section, if any; and 26 (2) may include recommended fines that the legislature may impose 27 if the legislator who was found to have violated this chapter does not comply with 28 the sanctions imposed by the legislature in a timely manner. 29 * Sec. 43. AS 24.60.174 is amended by adding a new subsection to read: 30 (e) When a house of the legislature imposes a sanction other than expulsion 31 on a member or former member, it shall advise the committee at the time of imposing

01 the sanction of the terms it has imposed and of the timetable for compliance adopted 02 with the sanctions. A legislator or former legislator on whom sanctions other than 03 expulsion have been imposed shall report to the committee as required by the 04 timetable. If the committee determines that the legislator or former legislator has not 05 complied fully and in a timely manner with the sanctions imposed by the legislature, 06 the committee may recommend that the legislature impose a fine or additional 07 sanctions. 08 * Sec. 44. AS 24.60.176 is amended to read: 09 Sec. 24.60.176. RECOMMENDATIONS WHERE VIOLATOR IS A 10 LEGISLATIVE EMPLOYEE. If the person found to have violated this chapter is or 11 was a legislative employee, the committee's recommendations shall be forwarded to 12 the appropriate appointing authority that shall, as soon as is reasonably possible, 13 determine the sanctions, if any, to be imposed. The appointing authority may not 14 question the committee's findings of fact. The appointing authority shall assume the 15 validity of the committee's findings [,] and determine and impose the appropriate 16 sanctions. The appointing authority has the power to impose a sanction 17 recommended by the committee or to impose a different sanction. The appointing 18 authority shall enforce the sanction and shall report to the committee at a time 19 specified by the committee concerning the employee's compliance with the 20 sanction. 21 * Sec. 45. AS 24.60.176 is amended by adding a new subsection to read: 22 (b) In this section, "appointing authority" means 23 (1) the legislative council for employees of the Legislative Affairs 24 Agency and of the legislative council and for legislative employees not otherwise 25 covered under this subsection; 26 (2) the Legislative Budget and Audit Committee for the legislative 27 fiscal analyst and employees of the division of legislative finance, the legislative 28 auditor and employees of the division of legislative audit, and employees of the 29 Legislative Budget and Audit Committee; 30 (3) the appropriate finance committee for employees of the senate or 31 house finance committees;

01 (4) the appropriate rules committee for employees of standing 02 committees of the legislature other than the finance committees, for employees of the 03 senate secretary's office and the office of the chief clerk of the house of 04 representatives; 05 (5) the legislator who made the hiring decision for employees of 06 individual legislators; however, the legislator may request the appropriate rules 07 committee to act in the legislator's stead; 08 (6) the ombudsman for employees of the office of the ombudsman, 09 other than the ombudsman; 10 (7) the legislature for the ombudsman. 11 * Sec. 46. AS 24.60 is amended by adding a new section to read: 12 Sec. 24.60.178. RECOMMENDED SANCTIONS. (a) When the committee 13 finds that a person has violated this chapter, the committee may recommend 14 appropriate sanctions, including sanctions set out in (b) of this section. 15 (b) The sanctions that the committee may recommend include 16 (1) imposition of a civil penalty of not more than $5,000 for each 17 offense or twice the amount improperly gained, whichever is greater; 18 (2) divestiture of specified assets or withdrawal from specified 19 associations; 20 (3) additional, detailed disclosure, either as a public disclosure or as a 21 confidential disclosure to the committee; 22 (4) in the case of a legislative employee, suspension of employment 23 with or without pay for a stated period of time or until stated conditions are met, or 24 termination from legislative employment; 25 (5) restitution of property or reimbursement of improperly received 26 benefits; 27 (6) public or private written reprimand; 28 (7) censure, including, in the case of a legislator, removal from a 29 leadership position or committee membership and a determination that the legislator 30 will not be appointed to serve in a leadership position or on a committee during the 31 remainder of that legislature;

01 (8) placing the person on probationary status; 02 (9) in the case of a legislator, expulsion from the house of the 03 legislature; 04 (10) any other appropriate measure. 05 (c) In addition to or in place of a sanction recommended under (b) of this 06 section, the committee may recommend that the subject of a complaint be required to 07 pay all or a portion of the costs related to the investigation and adjudication of a 08 complaint. 09 * Sec. 47. AS 24.60.200 is amended to read: 10 Sec. 24.60.200. FINANCIAL DISCLOSURE BY LEGISLATORS AND 11 LEGISLATIVE DIRECTORS. A legislator and a legislative director shall file a 12 disclosure statement, under oath and on penalty of perjury, with the Alaska Public 13 Offices Commission giving the following information about the income received by 14 them, their spouses, their dependent children, and their nondependent children who are 15 living with them: 16 (1) the information that a public official is required to report under 17 AS 39.50.030; however, a legislator or legislative director is not required to report 18 [, EXCEPT THAT] sources of income [OTHER THAN GIFTS] of $1,000 or less, 19 [AND] loans of $1,000 or less, or any gifts [NEED NOT BE REPORTED]; 20 (2) as to income in excess of $1,000 received as compensation for 21 personal services, the name and address of the source of the income, and a statement 22 describing the nature of the services performed; if the source of income is known or 23 reasonably should be known to have a substantial interest in legislative, administrative, 24 or political action and the recipient of the income is a legislator or a legislative 25 director, the amount of income received from the source shall be disclosed; 26 (3) as to each loan or loan guarantee over $1,000 from a source with 27 a substantial interest in legislative, administrative, or political action, the name and 28 address of the person making the loan or guarantee, the amount of the loan, the terms 29 and 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 [; 31 (4) THE SOURCE OF A GIFT, OTHER THAN AN INHERITANCE,

01 RECEIVED DURING THE PRECEDING CALENDAR YEAR BY THE PERSON, 02 THE PERSON'S SPOUSE OR DEPENDENT CHILD, OR A NONDEPENDENT 03 CHILD OF THE PERSON WHO IS LIVING WITH THE PERSON, IF THE 04 AMOUNT OF THE GIFT EXCEEDS $100 AND IS RECEIVED FROM A PERSON 05 WHO IS NOT A MEMBER OF THE RECIPIENT'S FAMILY]. 06 * Sec. 48. AS 24.60.260(a) is amended to read: 07 (a) A person required to make a disclosure under this chapter may not 08 knowingly make a false or deliberately misleading or incomplete disclosure to the 09 committee or to the Alaska Public Offices Commission. A person who files [, OR 10 FILE] a disclosure after a deadline set by this chapter or by a regulation adopted by 11 the committee or by the Alaska Public Offices Commission has violated this chapter 12 and may be subject to imposition of a fine as provided in (c) of this section or 13 AS 24.60.240. 14 * Sec. 49. AS 24.60.260 is amended by adding a new subsection to read: 15 (c) The committee may impose a fine on a person who files a disclosure after 16 a deadline set by this chapter. The amount of the fine imposed under this subsection 17 may not exceed $2 for each day to a maximum of $25 per disclosure for an 18 inadvertent late disclosure. If the committee finds that a person intentionally waited 19 until after a deadline had passed to file a disclosure or, knowing a disclosure was 20 required under this chapter, intentionally failed to make the disclosure, the committee 21 may impose an additional fine of $100 under this subsection. 22 * Sec. 50. AS 24.60.990(a)(5) is amended to read: 23 (5) "immediate family" means 24 (A) the spouse of the person; 25 (B) another person cohabiting with the person in a conjugal 26 relationship with the person that is not a legal marriage; or 27 (C) a parent, child [, PARENTS, CHILDREN], including a 28 stepchild and an adoptive child, and sibling [SIBLINGS] of a person if the 29 parent, child, or sibling resides with the person, is financially dependent 30 on the person, or shares a substantial financial interest with the person; 31 * Sec. 51. AS 39.25.160 is amended by adding a new subsection to read:

01 (j) A state employee, whether in the classified, partially exempt, or exempt 02 service, may not campaign on behalf of a political candidate on government time. 03 This subsection does not prohibit the employees of the division of elections from 04 carrying out duties related to elections or the members and employees of the 05 commission on judicial conduct from carrying out duties relating to the evaluation of 06 justices and judges. 07 * Sec. 52. AS 39.50.020 is amended to read: 08 Sec. 39.50.020. REPORT OF FINANCIAL AND BUSINESS INTERESTS. 09 (a) A public official as defined in AS 39.50.200 [JUDICIAL OFFICER, 10 COMMISSIONER, CHAIR OR MEMBER OF A STATE COMMISSION OR BOARD 11 SPECIFIED IN AS 39.50.200(b), A PERSON HIRED OR APPOINTED AS HEAD 12 OR DEPUTY HEAD OF, OR DIRECTOR OF A DIVISION WITHIN, A 13 DEPARTMENT IN THE EXECUTIVE BRANCH, A PERSON APPOINTED 14 AS ASSISTANT TO THE GOVERNOR, A STATE INVESTMENT OFFICER AND 15 THE STATE COMPTROLLER IN THE DEPARTMENT OF REVENUE, AND A 16 MUNICIPAL OFFICER] shall file a statement giving income sources and business 17 interests, under oath and on penalty of perjury, within 30 days after taking office as 18 a public official. Candidates for state elective office other than a candidate who is 19 subject to AS 24.60 shall file the [SUCH A] statement with the director of elections 20 at the time of filing a declaration of candidacy or a nominating petition, or within 30 21 days after [OF] becoming a candidate by any other means. Candidates for elective 22 municipal office shall file the [SUCH A] statement at the time of filing a nominating 23 petition, declaration of candidacy, or other required filing for the elective municipal 24 office. Refusal or failure to file within the time prescribed shall require that the 25 candidate's filing fees, if any, and filing for office be refused or that a previously 26 accepted filing fee be returned and the candidate's name removed from the filing 27 records. A statement shall also be filed by public officials no later than April 15 or 15 28 days after the person files a federal income tax return in each following year, 29 whichever comes first. Persons who are members of boards or commissions not named 30 in AS 39.50.200(b) are not required to file financial statements. 31 (b) A public official other than an elected or appointed municipal officer

01 [THE GOVERNOR, LIEUTENANT GOVERNOR, JUDICIAL OFFICERS, EACH 02 COMMISSIONER, HEAD OR DEPUTY HEAD OF, OR DIRECTOR OF A 03 DIVISION WITHIN, A DEPARTMENT IN THE EXECUTIVE BRANCH, 04 ASSISTANT TO THE GOVERNOR, STATE INVESTMENT OFFICERS AND THE 05 STATE COMPTROLLER IN THE DEPARTMENT OF REVENUE, OR CHAIR OR 06 MEMBER OF A COMMISSION OR BOARD REQUIRED TO REPORT UNDER 07 THIS CHAPTER,] shall file the statement with the Alaska Public Offices Commission. 08 Candidates for the office of governor and lieutenant governor and, if the candidate is 09 not subject to AS 24.60, the legislature shall file the statement under AS 15.25.030 or 10 15.25.180. Municipal officers, and candidates for elective municipal office, shall file 11 with the municipal clerk or other municipal official designated to receive their filing 12 for office. All statements required to be filed under this chapter are public records. 13 * Sec. 53. AS 39.50.070 is amended to read: 14 Sec. 39.50.070. FAILURE TO REPORT BY CERTAIN STATE 15 EMPLOYEES [DEPARTMENT, DIVISION, OR DEPUTY DEPARTMENT 16 HEADS]. A person hired or appointed as the head or deputy head of, or director of 17 a division within, a department in the executive branch or another state employee 18 subject to this chapter who refuses or fails to file a report of financial interests 19 required under this chapter when due may not hold office, and the person's name may 20 not be submitted to the legislature for confirmation, until the person complies. The 21 person may not be confirmed, hired, or appointed, and the person forfeits and may not 22 be paid any salary, per diem, or travel expenses, until the person complies. If, after 23 installation as the head or deputy head of, or director of a division within, a 24 department, or, for other state employees, after beginning employment in the 25 position subject to this chapter, the person refuses or fails to file the required 26 statement when due, the person is guilty of a misdemeanor and upon conviction is 27 punishable by a fine of not less than $100 nor more than $1,000 and shall be removed 28 from office if compliance is not made within 30 days after the due date of the report. 29 * Sec. 54. AS 39.50.080 is amended to read: 30 Sec. 39.50.080. FAILURE TO REPORT BY A COMMISSION OR BOARD 31 CHAIR [CHAIRMAN] OR MEMBER. A person hired or appointed as a

01 commissioner, chair, [CHAIRMAN] or member of a state commission or board 02 specified in AS 39.50.200(b), including the executive director of the Alaska 03 Tourism Marketing Council, who fails to file a report of financial interests required 04 under this chapter when due may not hold office, and the person's name may not be 05 submitted to the legislature until the person complies. The person may not be 06 confirmed, and the person forfeits and may not be paid any salary, per diem or travel 07 expenses, until the person complies. If, after being seated as commissioner, chair, 08 [CHAIRMAN] or member of the [SUCH A] commission or board the person refuses 09 or fails to file the required statement when due, the person is guilty of a misdemeanor 10 and upon conviction is punishable by a fine of not less than $100 nor more than 11 $1,000 and shall be removed from office if compliance is not made within 30 days 12 after the due date. 13 * Sec. 55. AS 39.50.200(a)(8) is amended to read: 14 (8) "public official" means a judicial officer, the governor, the 15 lieutenant governor, a person hired or appointed as the head or deputy head of, or 16 director of a division, a department in the executive branch, [AN ASSISTANT TO 17 THE GOVERNOR,] chair or member of a state commission or board, [STATE 18 INVESTMENT OFFICERS AND THE STATE COMPTROLLER IN THE 19 DEPARTMENT OF REVENUE,] the executive director of the Alaska Tourism 20 Marketing Council, another state employee subject to this chapter, and each 21 appointed or elected municipal officer; 22 * Sec. 56. AS 39.50.200(a) is amended by adding a new paragraph to read: 23 (10) "another state employee subject to this chapter" means a state 24 employee who is employed in a position in the executive branch of state government 25 in the exempt or partially exempt service and who is compensated at Range 21 or 26 above on the state salary schedule under AS 39.27.011, an assistant to the governor, 27 and a state investment officer, and the state comptroller in the Department of Revenue, 28 but does not include a state officer or employee who is otherwise included in the 29 definition of "public official" under this section. 30 * Sec. 57. Section 26 of this Act takes effect only if an initiative relating to election 31 campaign financing and the Alaska Public Offices Commission is approved by the voters in

01 1996. 02 * Sec. 58. If sec. 26 of this Act takes effect, it takes effect on the day after the initiative 03 described in sec. 57 of this Act takes effect. 04 * Sec. 59. This Act takes effect January 1, 1997.