CSSB 141(RLS) AM: "An Act relating to legislative and executive branch ethics; relating to the conduct of lobbyists with respect to public officials; relating to campaigning by state employees; relating to the filing of financial disclosures by certain state employees and officials; making a conforming amendment to the definition of `public official' for employment security statutes; and providing for an effective date."
00CS FOR SENATE BILL NO. 141(RLS) am 01 "An Act relating to legislative and executive branch ethics; relating to the 02 conduct of lobbyists with respect to public officials; relating to campaigning by 03 state employees; relating to the filing of financial disclosures by certain state 04 employees and officials; making a conforming amendment to the definition of 05 `public official' for employment security statutes; and providing for an effective 06 date." 07 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 08 * Section 1. AS 23.20.526(d) is amended to read: 09 (d) For the purposes of AS 23.20.525(a)(4) - (6) and (14), the term 10 "employment" does not apply to service performed 11 (1) by a duly ordained, commissioned, or licensed minister of a church 12 in the exercise of the person's ministry or by a member of a religious order in the 13 exercise of duties required by the order; 14 (2) in a facility conducted for the purpose of carrying out a program
01 of rehabilitation for individuals whose earning capacity is impaired by age or physical 02 or mental deficiency or injury or providing remunerative work for individuals who, 03 because of their impaired physical or mental capacity, cannot be readily absorbed in 04 the competitive labor market by an individual receiving the rehabilitation or 05 remunerative work; 06 (3) as part of an unemployment work-relief or work-training program 07 assisted or financed in whole or in part by any federal agency or any agency of a state 08 or political subdivision of the state, by an individual receiving work relief or work 09 training; 10 (4) for a state hospital by an inmate of a prison or correctional 11 institution; 12 (5) in the employ of a school, college, or university [,] if the service 13 is performed by a student who is enrolled and is regularly attending classes at the 14 school, college, or university; 15 (6) by an individual under the age of 22 who is enrolled at a nonprofit 16 or public educational institution that [WHICH] normally maintains a regular faculty 17 and curriculum and normally has a regularly organized body of students in attendance 18 at the place where its educational activities are carried on as a student in a full-time 19 program, taken for credit at the institution, that [WHICH] combines academic 20 instruction with work experience, if the service is an integral part of the program, and 21 the institution has so certified to the employer, except that this paragraph does not 22 apply to service performed in a program established for or on behalf of an employer 23 or group of employers; 24 (7) in the employ of a hospital, if the service is performed by a patient 25 of the hospital, as defined in AS 23.20.520; 26 (8) in the employ of the state or a political subdivision of the state if 27 the service is performed by an individual in the exercise of duties 28 (A) as a judicial officer, the governor, the lieutenant 29 governor, a person hired or appointed as the head or deputy head of a 30 department in the executive branch, a person hired or appointed as the 31 director of a division of a department in the executive branch, an assistant
01 to the governor, a chair or member of a state commission or board, state 02 investment officers and the state comptroller in the Department of 03 Revenue, the executive director of the Alaska Tourism Marketing Council, 04 an appointed or elected municipal officer ["PUBLIC OFFICIAL" 05 AS DEFINED IN AS 39.50.200(a)], any other elected official, the fiscal analyst 06 of the legislative finance division, the legislative auditor of the legislative audit 07 division, the executive director of the Legislative Affairs Agency, and the 08 directors of the divisions within the Legislative Affairs Agency; 09 (B) as a member of the Alaska Army National Guard or Alaska 10 Air National Guard or Alaska Naval Militia; or 11 (C) as an employee serving on only a temporary basis in case 12 of fire, storm, snow, earthquake, flood, or similar emergency; 13 (9) in the employ of 14 (A) a church or a convention or association of churches; or 15 (B) an organization that [WHICH] is operated primarily for 16 religious purposes and that [WHICH] is operated, supervised, controlled, or 17 principally supported by a church or a convention or association of churches. 18 * Sec. 2. AS 24.25.010(e) is amended to read: 19 (e) This section does not apply to the legislative council, the Select 20 Committee on Legislative Ethics, or [NOR TO] the Legislative Budget and Audit 21 Committee. 22 * Sec. 3. AS 24.45 is amended by adding a new section to read: 23 Sec. 24.45.165. SPOUSES AND COHABITANTS OF LEGISLATORS. (a) 24 A spouse of or a person cohabitating with a legislator may not engage in lobbying the 25 legislature during the legislator's term of office. 26 (b) In this section, 27 (1) "engage in lobbying" means to act as a lobbyist; 28 (2) "person cohabitating with a legislator" means a person who is 29 cohabitating with the legislator in a conjugal relationship that is not a legal marriage. 30 * Sec. 4. AS 24.45.171(12) is amended to read: 31 (12) "public official" or "public officer" means a
01 (A) public official as defined in AS 39.50.200(a) but does not 02 include a judicial officer or an elected or appointed municipal officer; 03 (B) [,] a member of the legislature; [,] or 04 (C) a legislative director or another legislative employee who 05 is subject to disclosure as defined in AS 24.60.990(a) [; HOWEVER, IT 06 DOES NOT INCLUDE A JUDICIAL OFFICER OR AN ELECTED OR 07 APPOINTED MUNICIPAL OFFICER]. 08 * Sec. 5. AS 24.60.030(a) is amended to read: 09 (a) A legislator or legislative employee may not 10 (1) solicit, agree to accept, or accept a benefit other than official 11 compensation for the performance of public duties; this paragraph may not be 12 construed to prohibit lawful solicitation for and acceptance of campaign contributions 13 or the acceptance of a lawful gratuity under AS 24.60.080; 14 (2) use public funds, facilities, equipment, services, or another 15 government asset or resource for a nongovernmental purpose or for the private benefit 16 of either the legislator, legislative employee, or another person; this paragraph does not 17 prohibit 18 (A) [LIMITED] use of state property and resources for personal 19 purposes if the use does not interfere with the performance of public duties and 20 either the cost or value related to the use is nominal or the legislator or 21 legislative employee reimburses the state for the cost; a legislative 22 employee shall comply with the policy on use of state property adopted by 23 the employee's supervisor; this subparagraph does not apply to telephone 24 or facsimile use; 25 (B) the use of mailing lists, computer data, or other information 26 lawfully obtained from a government agency and available to the general public 27 for nongovernmental purposes; or 28 (C) telephone or facsimile use; however, a legislator or 29 legislative employee who incurs a special charge for use of the telephone 30 or facsimile machine shall reimburse the state for the cost [THAT DOES 31 NOT CARRY A SPECIAL CHARGE];
01 (3) knowingly seek, accept, use, allocate, grant, or award public funds 02 for a purpose other than that approved by law, or make a false statement in connection 03 with a claim, request, or application for compensation, reimbursement, or travel 04 allowances from public funds; 05 (4) require a legislative employee to perform services for the private 06 benefit of the legislator or employee at any time, or allow a legislative employee to 07 perform services for the private benefit of a legislator or employee on government 08 time; it is not a violation of this paragraph if the services were performed in an 09 unusual or infrequent situation and the person's services were reasonably necessary to 10 permit the legislator or legislative employee to perform official duties; 11 (5) use or authorize the use of state funds, facilities, equipment, 12 services, or another government asset or resource for the purpose of political fund 13 raising or campaigning; this paragraph does not 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; or 27 (D) maintaining campaign records, including records 28 required by or relating to the Alaska Public Offices Commission, in a 29 legislator's office; however, an employee may not work on campaign 30 records on government time [THAT DOES NOT CARRY A SPECIAL 31 CHARGE].
01 * Sec. 6. AS 24.60.030(c) is repealed and reenacted to read: 02 (c) Unless approved by the committee, during a campaign period for an 03 election in which the legislator or legislative employee is a candidate, a legislator or 04 legislative employee may not use or permit another to use state funds, other than funds 05 to which the legislator is entitled as an office allowance, to print or distribute a 06 political mass mailing to individuals eligible to vote for the candidate. In this 07 subsection, 08 (1) a "campaign period" is the period that 09 (A) begins 90 days before an election to the board of an electric 10 or telephone cooperative organized under AS 10.25, a municipal election or a 11 primary election or that begins on the date of the governor's proclamation 12 calling a special election; and 13 (B) ends the day after the cooperative election, municipal 14 election, or the general or special election; 15 (2) a mass mailing is considered to be political if it is from or about a 16 (A) legislator who is a candidate for reelection to the legislature 17 or election to another federal, state, or municipal office or to the board of a 18 telephone or electric cooperative; 19 (B) legislative employee who is a candidate for election to the 20 legislature or another federal, state, or municipal elective office or to the board 21 of a telephone or electric cooperative; 22 (C) person other than a legislator or a legislative employee who 23 is a candidate for election to a federal, state, or municipal office or to the board 24 of a telephone or electric cooperative. 25 * Sec. 7. AS 24.60.030(d) is amended to read: 26 (d) A legislator, a legislative employee, or another person on behalf of the 27 legislator or legislative employee, or a campaign committee of the legislator or 28 legislative employee, may not distribute or post campaign literature, placards, posters, 29 fund-raising notices, or other communications intended to influence the election of 30 a candidate in an election in public areas in a facility ordinarily used to conduct state 31 government business. For purposes of this subsection, the office of a legislator is
01 not considered to be a public area. 02 * Sec. 8. AS 24.60.030(f) is amended to read: 03 (f) A legislative employee may not serve in a position that requires 04 confirmation by the legislature. A legislator or legislative employee may serve on a 05 board of an organization, including a governmental entity, that regularly has a 06 substantial interest in the legislative activities of the legislator or employee, if the 07 legislator or employee discloses the board membership to the committee. A legislator 08 or legislative employee who is required to make a disclosure under this subsection 09 shall file an annual written report with the committee by February 15 of each 10 year stating the name of each organization on whose board the person serves. If 11 the legislator or legislative employee becomes a member of a board after filing the 12 annual disclosure statement, or after February 15 if no annual disclosure 13 statement is filed, the legislator or legislative employee shall file a supplemental 14 disclosure within 60 days after appointment or election to the board. The 15 committee shall maintain a public record of the disclosure and forward the 16 disclosure to the appropriate house for inclusion in the journal. This subsection 17 does not require a legislator or legislative employee who is appointed to a board 18 by the presiding officer to make a disclosure of the appointment to the committee 19 if the appointment has been published in the appropriate legislative journal 20 during the calendar year. 21 * Sec. 9. AS 24.60.030(g) is repealed and reenacted to read: 22 (g) A legislator or legislative employee who has a substantial financial interest 23 that may be affected by legislative, administrative, or political action may not take the 24 legislative, administrative, or political action unless the legislator or legislative 25 employee first discloses the financial interest as required by this subsection. Before 26 acting on a matter subject to this subsection in a legislative committee or a house of 27 the legislature, a legislator or legislative employee shall orally disclose the financial 28 interest to the committee or the legislative house, as appropriate. The disclosure shall 29 be reported in the journal or in the committee minutes, as appropriate. If the action 30 is not taken in a legislative committee or a house of the legislature, the legislator or 31 legislative employee shall disclose the financial interest to the ethics committee in
01 writing, to be received by the ethics committee within seven days after the legislator 02 or legislative employee took the action. This written disclosure is a public document. 03 The ethics committee shall promptly forward the disclosure to the clerk of the house 04 or the senate secretary for publication in the journal. A disclosure under this 05 subsection, whether written or oral, must include the nature of the financial interest and 06 a short description of how the action taken affects the interest. In this subsection, a 07 financial interest includes 08 (1) an equity or ownership interest in a business, investment, real 09 property, lease, or other enterprise if the effect of the action on that interest is greater 10 than the effect on a substantial class of persons to which the legislator or legislative 11 employee belongs as a member of a profession, occupation, industry, or region; 12 (2) an interest based on employment of the legislator or legislative 13 employee or the spouse or dependent child of the legislator or legislative employee; 14 (3) an interest based on a contract in which the legislator or legislative 15 employee or the spouse or dependent child of the legislator or legislative employee is 16 entitled to receive a benefit from a business or other entity, including a personal 17 services contract; 18 (4) an interest created by membership on the board of directors of a 19 corporation regardless of whether the effect of the action on that interest is greater than 20 the effect on a substantial class of persons to which the legislator or legislative 21 employee belongs as a member of a profession, occupation, industry, or region. 22 * Sec. 10. AS 24.60.030 is amended by adding a new subsection to read: 23 (h) In this section, when determining whether an employee is considered to be 24 performing a task on government time, the committee shall consider the employee's work 25 schedule as set by the employee's immediate supervisor. An employee who engages in 26 political campaign activities other than incidental campaign activities as described in this 27 subsection during the employee's work day shall take leave for the period of 28 campaigning. Political campaign activities while on government time are permissible if 29 the activities are part of the normal legislative duties of the employee, including 30 answering telephone calls and handling of incoming correspondence. 31 * Sec. 11. AS 24.60.031(a) is amended to read:
01 (a) A legislator or legislative employee may not 02 (1) on a day when either house of [WHILE] the legislature is in regular 03 or special session, solicit or accept a contribution or a promise or pledge to make a 04 contribution for a state legislative campaign; 05 (2) accept money from an event held on a day when either house of the 06 legislature is in regular or special [DURING A LEGISLATIVE] session if a substantial 07 purpose of the event is [EITHER] to raise money on behalf of the member or legislative 08 employee for [CAMPAIGN PURPOSES OR TO RAISE MONEY FOR] state legislative 09 political purposes; or 10 (3) expend money in a state legislative campaign that was raised by or 11 on behalf of a legislator on a day when either house of the legislature was in 12 [DURING] a legislative session under a declaration of candidacy or a general letter of 13 intent to become a candidate for public office. 14 * Sec. 12. AS 24.60.039 is amended by adding a new subsection to read: 15 (b) If a person files a complaint with the committee under AS 24.60.170 16 alleging a violation of this section, the committee may refer the complainant to the State 17 Commission on Human Rights and may defer its consideration of the complaint until 18 after the complainant establishes to the satisfaction of the committee that the commission 19 has completed its proceedings in the matter. 20 * Sec. 13. AS 24.60.040(a) is amended to read: 21 (a) A legislator or legislative employee, or a member of the immediate family 22 of a legislator or legislative employee may not be a party to or have an interest in a state 23 contract or lease unless the contract or lease is let [THROUGH COMPETITIVE 24 SEALED BIDDING] under AS 36.30 (State Procurement Code) or, for agencies that 25 are not subject to AS 36.30, under similar procedures or the total annual amount of 26 the state contract or lease is $5,000 [$1,000] or less, or is a standardized contract or lease 27 that was developed under publicly established guidelines and is generally available to the 28 public at large or to [,] members of a profession, occupation, or group. A person has an 29 interest in a state contract or lease under this section if the person receives direct or 30 indirect financial benefits. A legislator or legislative employee who participates in, 31 or who knows or reasonably ought to know that a family member is participating
01 in, a state contract or lease that has an annual value of $5,000 or more shall disclose 02 the participation to the committee by February 15 of each year. The disclosure 03 must state the amount of the contract or lease and the name of the state agency 04 issuing the contract or lease, and must identify the procedures under which the 05 contract or lease was issued. If the disclosure concerns a contract or lease in which 06 a family member of the discloser is participating, the disclosure must identify the 07 relationship between the participant and the discloser. 08 * Sec. 14. AS 24.60.040 is amended by adding a new subsection to read: 09 (c) This section does not apply to a contract or lease issued under a state 10 program or loan that is subject to AS 24.60.050. A grant that results in a contract but 11 that is not subject to AS 24.60.050 is subject to this section. 12 * Sec. 15. AS 24.60.050(c) is amended to read: 13 (c) A legislator or legislative employee who participates in a program or receives 14 a loan that is not exempt from disclosure under (a) of this section shall file a written 15 report with the committee by February 15 of each year stating the amounts of the loans 16 outstanding or benefits received during the preceding calendar year from nonqualifying 17 programs. If the committee requests additional information necessary to determine the 18 propriety of participating in the program or receiving the loan, it shall be promptly 19 provided. The committee shall promptly compile a list of the statements indicating the 20 loans and programs and amounts and send it to the presiding officer of each house who 21 shall have it published in the supplemental journals within three weeks after [OF] the 22 filing date. A legislator or legislative employee who believes that disclosure of 23 participation in a program would be an invasion of the participant's right to 24 privacy under the state constitution may request the committee to keep the 25 disclosure confidential. If the committee finds that publication would constitute an 26 invasion of privacy, the committee shall publish only the fact that a person has 27 participated in the program and the amount of benefit that the unnamed person 28 received. The committee shall maintain the disclosure of the name of the person 29 as confidential and may only use the disclosure in a proceeding under AS 24.60.170. 30 If the disclosure becomes part of the record of a proceeding under AS 24.60.170, 31 the disclosure may be made public as provided in that section.
01 * Sec. 16. AS 24.60.060 is amended by adding a new subsection to read: 02 (b) A legislator or legislative employee who is the subject of a complaint under 03 AS 24.60.170 violates this section if the legislator or legislative employee violates a 04 protective order issued under AS 24.60.170(i). 05 * Sec. 17. AS 24.60.070(b) is amended to read: 06 (b) A legislator or legislative employee required to make a disclosure under 07 this section shall make an annual disclosure no later than February 15 of each year 08 of the legislator's or legislative employee's close economic associations then in 09 existence. If the legislator or legislative employee forms a close economic association 10 after that date, the disclosure must be made within 60 days after forming the 11 association. A disclosure under this section must be sufficiently detailed that a reader 12 of the disclosure can ascertain the nature of the association. 13 * Sec. 18. AS 24.60.070 is amended by adding a new subsection to read: 14 (d) When making a disclosure under (a) of this section concerning a relationship 15 with a lobbyist to whom the legislator or legislative employee is married or who is the 16 legislator's or legislative employee's spousal equivalent, the legislator or legislative 17 employee shall also disclose the name and address of each employer of the lobbyist and 18 the total monetary value received from the lobbyist's employer. The legislator or 19 legislative employee shall report changes in the employer of the spouse or spousal 20 equivalent within 48 hours after the change. In this subsection, 21 (1) "employer of the lobbyist" means the person from whom the lobbyist 22 received amounts or things of value for engaging in lobbying on behalf of the person; 23 (2) "spousal equivalent" means a person with whom the legislator or 24 legislative employee is living in a conjugal relationship not a legal marriage. 25 * Sec. 19. AS 24.60.080(a) is amended to read: 26 (a) Except as provided in this section, a [A] legislator or legislative employee 27 may not solicit, accept, or receive, directly or indirectly, a gift worth $250 [$100] or 28 more, whether in the form of money, services, a loan, travel, entertainment, hospitality, 29 promise, or other form, or gifts from the same person worth less than $250 [$100] that 30 in a calendar year aggregate to $250 [$100] or more in value. Except for food or 31 beverage for immediate consumption, a legislator or legislative employee [, AND]
01 may not solicit, accept, or receive during a legislative session a gift with any monetary 02 value from a lobbyist or a person acting on behalf of a lobbyist. 03 * Sec. 20. AS 24.60.080(c) is amended to read: 04 (c) Notwithstanding (a) of this section, it is not a violation of this section for a 05 legislator or legislative employee to accept 06 (1) hospitality, other than hospitality described in (4) of this subsection 07 (A) with incidental transportation at the residence of a person; 08 however, a vacation home located outside the state is not considered a 09 residence for the purposes of this subparagraph; or 10 (B) at a social event or meal; 11 (2) discounts that are available 12 (A) generally to the public or to a large class of persons to which 13 the person belongs; or 14 (B) when on state business; 15 (3) food or foodstuffs indigenous to the state that are shared generally 16 as a cultural or social norm; 17 (4) travel and hospitality primarily for the purpose of obtaining 18 information on matters of legislative concern; 19 (5) gifts from the immediate family of the person; or 20 (6) gifts that are not connected with the recipient's legislative status. 21 * Sec. 21. AS 24.60.080(d) is amended to read: 22 (d) A legislator or legislative employee who accepts a gift under (c)(4) [OR (6)] 23 of this section shall disclose the gift if it has a value of $250 [$100] or more; the [. 24 THE] disclosure must include the name and occupation of the person making the gift and 25 the approximate value of the gift. A gift under (c)(4) of this section required to be 26 disclosed under this subsection shall be disclosed to the committee within 30 days after 27 [OF] the receipt of the gift. Except as provided in (i) of this section, a gift [TO THE 28 COMMITTEE. GIFTS] under (c)(6) of this section that has a value of $250 or more 29 shall be disclosed to the committee annually on or before February 15 [APRIL 15] of 30 the following calendar year; the [AND THE] disclosure needs to include only a 31 description of the gift and the identity of the donor [THE VALUE ONLY IF THE
01 VALUE OF THE GIFT EXCEEDS $250]. The committee shall maintain a public record 02 of the disclosure it receives relating to gifts under (c)(4) of this section and shall forward 03 the disclosure to the appropriate house for inclusion in the journal. Disclosures relating 04 to gifts under (c)(6) of this section shall be maintained, but are confidential and may only 05 be used by the committee and its employees and contractors in the investigation of a 06 possible violation of this section or in a proceeding under AS 24.60.170. If the 07 disclosures become part of the record of a proceeding under AS 24.60.170, the 08 confidentiality provisions of that section apply to the disclosures. The committee shall 09 forward disclosures it receives from legislators concerning gifts under (c)(4) of this 10 section to the Alaska Public Offices Commission. 11 * Sec. 22. AS 24.60.080(f) is amended to read: 12 (f) Notwithstanding (a) of this section, a legislator or legislative employee may 13 accept a gift of property worth $250 [$100] or more, other than money, from a foreign 14 government or from the government of the United States or another state or from 15 an official of a foreign government or of the government of the United States or 16 another state if the person accepts the gift on behalf of the legislature. The person shall, 17 within 60 days after [OF] receiving the gift, deliver the gift to the legislative council, 18 which shall determine the appropriate disposition of the gift. 19 * Sec. 23. AS 24.60.080(g) is amended to read: 20 (g) In this section, "immediate family" or "family member" means 21 (1) the spouse of the person; 22 (2) another person cohabiting with the person in a conjugal 23 relationship that is not a legal marriage; 24 (3) a child, including a stepchild and an adoptive child, of the person; 25 (4) a parent, sibling, grandparent, aunt, or uncle of the person; and 26 (5) a parent, sibling, grandparent, aunt, or uncle of the person's 27 spouse [HAS THE MEANING GIVEN IN AS 24.60.990(a)(5) AND INCLUDES THE 28 GRANDPARENTS, AUNTS, AND UNCLES OF A PERSON, AND ALSO INCLUDES 29 A PERSON DESCRIBED IN THIS SUBSECTION OR AS 24.60.990(a)(5) WHO IS 30 RELATED TO THE PERSON BY MARRIAGE]. 31 * Sec. 24. AS 24.60.080 is amended by adding new subsections to read:
01 (h) Notwithstanding (a) of this section, a legislator or legislative employee may 02 solicit, accept, or receive a gift on behalf of a recognized, nonpolitical charitable 03 organization in accordance with guidelines adopted by the committee. 04 (i) A legislator or legislative employee who receives an inheritance from a 05 person other than a family member shall disclose the fact of the receipt of an 06 inheritance and the identity of the person from whom it was received to the committee 07 within 60 days after receiving notice of the inheritance. The committee shall maintain 08 a public record of the disclosure. This subsection does not require disclosure of the 09 value of the inheritance. 10 (j) A legislator, a legislative committee other than the Select Committee on 11 Legislative Ethics, or a legislative agency may accept (1) a gift of volunteer services 12 for legislative purposes so long as the person making the gift of services is not 13 receiving compensation from another source for the services or (2) a gift of the 14 services of a trainee who is participating in an educational program approved by the 15 committee if the services are used for legislative purposes. The committee shall 16 approve training under a program of the University of Alaska and training under 29 17 U.S.C. 1501 - 1792b (Job Training Partnership Act). A legislative volunteer or 18 educational trainee shall be considered to be a legislative employee for purposes of 19 compliance with AS 24.60.030 - 24.60.039, 24.60.060, 24.60.080, 24.60.085, 24.60.158 20 - 24.60.170, 24.60.176, and 24.60.178. If a person believes that a legislative volunteer 21 or educational trainee has violated the provisions of one of those sections, the person 22 may file a complaint under AS 24.60.170. The provisions of AS 24.60.170 apply to 23 the proceeding. This subsection does not permit a legislator or legislative employee 24 to accept a gift of services for nonlegislative purposes. 25 (k) A legislator or legislative employee who knows or reasonably ought to 26 know that a family member has received a gift because of the family member's 27 connection with the legislature through the legislator or legislative employee shall 28 report the receipt of the gift by the family member to the committee if the gift would 29 have to be reported under this section if it had been received by the legislator or 30 legislative employee or if receipt of the gift by a legislator or legislative employee 31 would be prohibited under this section.
01 (l) In this section, the value of a gift shall be determined by the fair market 02 value of the gift to the extent that the fair market value can be determined. 03 * Sec. 25. AS 24.60.085(a) is amended to read: 04 (a) A legislator or legislative employee may not 05 (1) seek or accept compensation for personal services that is 06 significantly greater than the value of [INVOLVES PAYMENTS THAT ARE NOT 07 COMMENSURATE WITH] the services rendered taking into account the higher rates 08 generally charged by specialists in a profession; or 09 (2) accept a payment of anything of value, except for actual and 10 necessarily incurred travel expenses, for an appearance or speech by the legislator or 11 legislative employee; this paragraph does not apply to the salary paid to a legislator 12 or legislative employee for making an appearance or speech as part of the legislator's 13 or legislative employee's normal course of employment. 14 * Sec. 26. AS 24.60.100 is amended to read: 15 Sec. 24.60.100. REPRESENTATION. A legislator or legislative employee 16 who represents another person for compensation before an agency, board, or 17 commission of the state shall disclose the name of the person represented, the subject 18 matter of the representation, and the body before which the representation is to take 19 place to the committee. The disclosure shall be made within 60 days after 20 beginning the representation. In addition, a legislator or legislative employee 21 shall, no later than February 15, make an annual disclosure of all of the clients 22 represented during the previous calendar year. The committee shall maintain a 23 public record of a [THE] disclosure under this section and forward the disclosure to 24 the respective house for inclusion in the journal. A legislator or legislative employee 25 may not represent another person for compensation before an agency, committee, or 26 other entity of the legislative branch. 27 * Sec. 27. AS 24.60 is amended by adding a new section to article 2 to read: 28 Sec. 24.60.111. LEGAL DEFENSE AND ELECTION CHALLENGE FUNDS. 29 (a) A legislator or legislative employee may establish a fund to assist with the 30 payment of attorney fees and other costs arising from the legislator's or employee's 31 defense of a civil, criminal, or administrative action brought against the legislator or
01 employee arising out of or relating to political, legislative, or public policy matters, or 02 from the prosecution or defense of an administrative or judicial action concerning a 03 contested election in which the legislator or employee is a candidate. Contributions 04 to a fund under this section are not subject to the restrictions of AS 24.60.080. 05 (b) The Alaska Public Offices Commission shall adopt regulations relating to 06 the methods of establishing a fund under this section, the accounting requirements for 07 a fund, the uses for which money from the fund may be expended, and the disposition 08 of surplus money in the fund. A person who violates these regulations is guilty of a 09 class B misdemeanor and is subject to civil sanctions as recommended by the 10 committee under AS 24.60.178. 11 * Sec. 28. AS 24.60.111 is repealed and reenacted to read: 12 Sec. 24.60.111. LEGAL DEFENSE AND ELECTION CHALLENGE FUNDS. 13 (a) A legislator or legislative employee may establish a fund to assist with the 14 payment of attorney fees and other costs arising from the legislator's or employee's 15 defense of a civil, criminal, or administrative action brought against the legislator or 16 employee arising out of or relating to political, legislative, or public policy matters, or 17 from the prosecution or defense of an administrative or judicial action concerning a 18 contested election in which the legislator or legislative employee was a candidate. 19 (b) Notwithstanding the deadlines imposed by AS 15.13.070(d), contributions 20 to the fund may be solicited, offered, and accepted at any time permitted under this 21 chapter. Notwithstanding AS 15.13.070(e), a legislator or legislative employee may 22 solicit and accept contributions to a fund established under this section at any time 23 whether or not the legislature is in session. Notwithstanding AS 15.13.072, a legislator 24 or legislative employee may use the fund for the purposes set out in (a) of this section. 25 Notwithstanding AS 15.13.073, a legislator or legislative employee may distribute 26 money in the candidate's campaign fund or other assets of the campaign remaining 27 after the date of an election to a fund established under this section. 28 (c) Contributions to a fund under this section are not subject to the restrictions 29 of AS 24.60.031 or 24.60.080. 30 (d) The Alaska Public Offices Commission shall adopt regulations relating to 31 the methods of establishing a fund under this section, the accounting requirements for
01 a fund, the uses for which money from the fund may be expended, and the disposition 02 of surplus money in the fund. A person who violates these regulations is guilty of a 03 class B misdemeanor and is subject to civil sanctions as recommended by the 04 committee under AS 24.60.178. 05 * Sec. 29. AS 24.60.130(f) is amended to read: 06 (f) The committee may contract for professional services and may employ staff 07 as it considers necessary. A committee employee, including a person who provides 08 personal services under a contract with the committee, may not be a legislator, an 09 elected or appointed official of a state or local governmental entity, an officer of a 10 political party, a candidate for public office, or a registered lobbyist. The legislative 11 council shall provide office space, equipment, and additional staff support for the 12 committee. The committee shall submit a budget for each fiscal year to the finance 13 committees of the legislature and shall annually submit an estimated budget to the 14 governor for information purposes in preparation of the state operating budget. Public 15 members of the committee serve without compensation for their services, but are 16 entitled to travel and per diem expenses authorized for members of state boards 17 and commissions under AS 39.20.180. 18 * Sec. 30. AS 24.60.130(h) is amended to read: 19 (h) A member is disqualified from participating as a member in any 20 proceeding before the committee involving a complaint against the member or an 21 employee whose work is supervised by the member or an advisory opinion 22 requested by the member. If a regular legislative member is disqualified under this 23 subsection, an alternate shall be appointed under (o) of this section. [IF THE 24 LEGISLATURE IS IN SESSION WHEN A LEGISLATIVE MEMBER IS 25 DISQUALIFIED UNDER THIS SUBSECTION, THE PRESIDING OFFICER OF 26 THAT MEMBER'S HOUSE SHALL, WITH THE CONCURRENCE BY ROLL 27 CALL VOTE OF TWO-THIRDS OF THE FULL MEMBERSHIP OF THAT HOUSE, 28 APPOINT ANOTHER MEMBER FROM THAT HOUSE TO ACT AS A MEMBER 29 OF THE COMMITTEE IN THE PROCEEDING. IF THE LEGISLATURE IS NOT 30 IN SESSION WHEN A LEGISLATIVE MEMBER IS DISQUALIFIED, THE 31 PRESIDING OFFICER OF THE HOUSE OF WHICH THE DISQUALIFIED
01 LEGISLATOR IS A MEMBER SHALL APPOINT ANOTHER MEMBER FROM 02 THAT HOUSE, WITH A RECORDED CONCURRENCE OF A MAJORITY VOTE 03 OF THE SUBCOMMITTEE OF THAT HOUSE, TO ACT AS A MEMBER OF THE 04 COMMITTEE IN THE PROCEEDING.] 05 * Sec. 31. AS 24.60.130 is amended by adding a new subsection to read: 06 (o) When appointing members of the legislature to serve on the committee, the 07 speaker of the house or the president of the senate, as appropriate, shall appoint an 08 alternate member for each regular member. An alternate must have the same 09 qualifications as the regular member for whom the alternate stands as alternate and is 10 subject to confirmation as required for the regular member. If a regular legislative 11 member of the committee or a subcommittee is disqualified under (h) of this section 12 from serving on the committee or the subcommittee during a proceeding under 13 AS 24.60.170, the chair of the committee or a subcommittee shall appoint the regular 14 member's alternate to serve in place of the regular member in the proceeding unless 15 the alternate is also disqualified from serving. The appointment shall be treated as 16 confidential to the same extent that the identity of the subject of a complaint is 17 required to be kept confidential. 18 * Sec. 32. AS 24.60.134(a) is amended to read: 19 (a) Except as provided in (d) of this section, in [IN] addition to the 20 requirements of this chapter, a public member of the committee, an employee of the 21 committee, or a person under contract to provide personal services to the committee 22 may not, during the person's term of office or employment or during the life of 23 the contract, participate in 24 (1) [PARTICIPATE IN] political management or in a political 25 campaign for a candidate for election to federal, state, or local office, regardless 26 of whether the campaign is partisan or nonpartisan, or for a ballot measure of 27 any type [DURING THE PERSON'S TERM OF OFFICE, EMPLOYMENT, OR 28 CONTRACT]; 29 (2) [PARTICIPATE IN] the campaign of, attend campaign fund-raising 30 events for, or make a financial contribution to 31 (A) a candidate for the legislature;
01 (B) an incumbent legislator or legislative employee who is a 02 candidate for another public office; or 03 (C) a person running for another office against an incumbent 04 legislator or legislative employee; or 05 (3) [PARTICIPATE IN] lobbying activities that would require the 06 person to register as a lobbyist except as required to inform the legislature concerning 07 legislation requested by the committee or other matters related to the committee. 08 * Sec. 33. AS 24.60.134 is amended by adding new subsections to read: 09 (c) In addition to the prohibitions under (a) of this section and except as 10 provided in (d) of this section, a public member of the committee, an employee of the 11 committee, or a person under contract to provide personal services to the committee 12 may not, during the duration of the person's term of office or employment, or during 13 the life of the contract, participate in or attend a fund-raising event held on behalf of 14 a political party. 15 (d) A person under contract to provide personal services to the committee who 16 is part of a corporation or partnership that includes individuals who will not be 17 participating directly in the work performed by the entity for the committee may 18 request the committee to exclude members of the entity from some or all of the 19 provisions of this section. The committee may grant the request if it finds that doing 20 so will not lead to the appearance that the committee is subject to undue political 21 influence and if there is no appearance of impropriety. 22 * Sec. 34. AS 24.60.150(b) is amended to read: 23 (b) The committee may 24 (1) recommend legislation to the legislature the committee considers 25 desirable or necessary to promote and maintain high standards of ethical conduct in 26 government; 27 (2) subpoena witnesses, administer oaths, and take testimony relating 28 to matters before the committee, and may require the production for examination of 29 any books or papers relating to any matter under investigation before the committee; 30 (3) adopt guidelines to implement this chapter; in adopting 31 guidelines, the committee shall provide notice of its intended action and an
01 opportunity for public comment; a person who reasonably relies on a guideline 02 adopted by the committee may not be penalized for having violated a conflicting 03 provision of this chapter. 04 * Sec. 35. AS 24.60.160 is amended to read: 05 Sec. 24.60.160. ADVISORY OPINIONS. (a) The committee shall issue an 06 advisory opinion within 60 [30] days on the request of a person to whom the chapter 07 applies or a person elected to the legislature who at the time of election is not a 08 member of the legislature as to whether the facts and circumstances of a particular case 09 constitute a violation of ethical standards. If it finds that it is advisable to do so, the 10 committee may issue an opinion under this section on the request of a person who 11 reasonably expects to become subject to this chapter within the next 45 days. The 12 60-day [30-DAY] period for issuing an opinion may be extended by the committee if 13 the person requesting the opinion consents. 14 (b) An [THE] opinion issued under this section is binding on the committee 15 in any subsequent proceedings concerning the facts and circumstances of the particular 16 case unless material facts were omitted or misstated in the request for the advisory 17 opinion. Except as provided in this chapter, an advisory opinion is confidential but 18 shall be made public if a written request by the person who requested the opinion is 19 filed with the committee. A person who requested an opinion, including a 20 legislator, may not require admittance to an executive session of the committee 21 when it is deliberating concerning the advisory opinion request. 22 * Sec. 36. AS 24.60.170(a) is amended to read: 23 (a) The committee shall consider a complaint alleging a violation of this 24 chapter if the alleged violation occurred within five years before [OF] the date that the 25 complaint is filed with the committee and, when the subject of the complaint is a 26 former member of the legislature, the complaint is filed within one year after [OF] the 27 subject's departure from the legislature. The committee may not consider a complaint 28 filed against all members of the legislature, against all members of one house of 29 the legislature, or against a person employed by the legislative branch of government 30 after the person has terminated legislative service. However, the committee may 31 reinstitute proceedings concerning a complaint that was closed because a former
01 employee terminated legislative service or because a legislator left the legislature 02 if the former employee or legislator resumes legislative service, whether as an 03 employee or legislator, within five years after the alleged violation. The committee 04 may also initiate complaints on its own motion, subject to the same time limitations. 05 The time limitations of this subsection do not bar proceedings against a person who 06 intentionally prevents discovery of a violation of this chapter. 07 * Sec. 37. AS 24.60.170(b) is amended to read: 08 (b) A complaint may be initiated by any person. The complaint must be in 09 writing and signed under oath by the person making the complaint. The committee 10 shall upon request provide a form for a complaint to a person wishing to file a 11 complaint. The committee shall immediately provide a copy of the complaint to the 12 person who is the subject of the complaint. The committee shall advise the 13 complainant of the provisions concerning release of confidential information set 14 out in (i) of this section. 15 * Sec. 38. AS 24.60.170(c) is amended to read: 16 (c) When the committee receives a complaint under (a) of this section, it may 17 assign the complaint to a staff person. The staff person shall conduct a 18 preliminary examination of the complaint and recommend to the committee 19 whether the allegations of the complaint, if true, constitute a violation of this 20 chapter and whether there is credible information to indicate that a further 21 investigation and proceeding is warranted. The recommendation shall be based 22 on the information and evidence contained in the complaint as supplemented by 23 the complainant and the subject of the complaint, if requested to do so by the 24 staff member. The committee shall consider the recommendation of the staff 25 member and shall determine whether the allegations of the complaint, if true, 26 constitute a violation of this chapter. If the committee determines that the allegations, 27 if proven, would not give rise to a violation, that the complaint is frivolous on its 28 face, that there is insufficient credible information that can be uncovered to 29 warrant further investigation by the committee, or that [IF] the committee's lack 30 of jurisdiction is apparent on the face of the complaint, the committee shall dismiss the 31 complaint [,] and shall notify the complainant and the subject of the complaint of the
01 dismissal. The committee may ask the complainant to provide clarification or 02 additional information before it makes a decision under this subsection and may 03 request information concerning the matter from the subject of the complaint. The 04 subject of a complaint is not obligated to provide the information. A proceeding 05 conducted under this subsection, documents that are part of a proceeding, and a 06 dismissal under this subsection are confidential as provided in (l) of this section 07 unless the subject of the complaint waives confidentiality as provided in that 08 subsection. 09 * Sec. 39. AS 24.60.170(f) is amended to read: 10 (f) If the committee determines after investigation that there is not probable 11 cause to believe that the subject of the complaint has violated this chapter, the 12 committee shall dismiss the complaint. The committee may also dismiss portions of 13 a complaint if it finds no probable cause to believe that the subject of the complaint 14 has violated this chapter as alleged in those portions. The committee shall issue a 15 decision explaining its dismissal. Committee deliberations and vote on the 16 dismissal order and decision are not open to the public or the subject of the 17 complaint. A copy of the dismissal order and decision shall be sent to the 18 complainant and to the subject of the complaint. Notwithstanding (l) of this section, 19 a dismissal order and decision is open to inspection and copying by the public. 20 * Sec. 40. AS 24.60.170(g) is amended to read: 21 (g) If the committee investigation determines that a probable violation of this 22 chapter exists that may be corrected by action of the subject of the complaint and that 23 does not warrant sanctions other than correction, the committee may issue an opinion 24 recommending corrective action. This opinion shall be provided to the complainant 25 and to the subject of the complaint, and is open to inspection by the public. The 26 subject of the complaint may comply with the opinion or may request a hearing before 27 the committee under (j) of this section. After the hearing the committee may amend 28 or affirm the opinion. If the subject of the complaint agrees to comply with the 29 opinion but later fails to complete the corrective action in a timely manner, the 30 committee may formally charge the person as provided in (h) of this section or 31 may refer the matter to the appropriate house of the legislature, in the case of a
01 legislator, or, in the case of a legislative employee, to the employee's appointing 02 authority. The appropriate house of the legislature or the appointing authority, 03 as appropriate, may take action to enforce the corrective action or may decline 04 to take action and refer the matter to the committee. In that case, the committee 05 may formally charge the person under (h) of this section. 06 * Sec. 41. AS 24.60.170(h) is amended to read: 07 (h) If the subject of a complaint fails to comply with an opinion and the 08 committee formally charges the person [ISSUED] under (g) of this section, or if the 09 committee determines after investigation that there is probable cause to believe that the 10 subject of the complaint has committed a violation of this chapter that may require 11 sanctions instead of or in addition to corrective action, the committee shall formally 12 charge the person. The charge shall be served on the person charged, in a manner 13 consistent with the service of summons under the rules of civil procedure, and a copy 14 of the charge shall be sent to the complainant. The person charged may file a 15 responsive pleading to the committee admitting or denying some or all of the 16 allegations of the charge. 17 * Sec. 42. AS 24.60.170(i) is amended to read: 18 (i) A person charged under (h) [(b)] of this section may engage in discovery 19 in a manner consistent with the Alaska Rules of Civil Procedure. The committee may 20 adopt procedures that 21 (1) impose reasonable restrictions on the time for this discovery and on 22 the materials that may be discovered; 23 (2) permit a person who is the subject of a complaint to engage in 24 discovery at an earlier stage of the proceedings; 25 (3) impose reasonable restrictions on the release of information that 26 the subject of a complaint acquires from the committee in the course of discovery, 27 or on information obtained by use of the committee's authority, in order to 28 protect the privacy of persons not under investigation to whom the information 29 pertains; however, the committee may not impose restrictions on the release of 30 information by the subject of the complaint unless the complainant has agreed to 31 be bound by similar restrictions and has not made public the information
01 contained in the complaint, information about the complaint, or the fact of filing 02 the complaint. 03 * Sec. 43. AS 24.60.170(l) is amended to read: 04 (l) Proceedings of the committee relating to complaints before it are 05 confidential until the committee determines that there is probable cause to believe that 06 a violation of this chapter has occurred. The complaint and all documents produced 07 or disclosed as a result of the committee investigation are confidential and not subject 08 to inspection by the public. If in the course of an investigation or probable cause 09 determination the committee finds evidence of probable criminal activity, the 10 committee shall transmit a statement and factual findings limited to that activity to the 11 appropriate law enforcement agency. If the committee finds evidence of a probable 12 violation of AS 15.13, the committee shall transmit a statement to that effect and 13 factual findings limited to the probable violation to the Alaska Public Offices 14 Commission. All meetings of the committee before the determination of probable 15 cause are closed to the public and to legislators who are not members of the 16 committee. However, the committee shall permit the subject of the complaint and 17 the subject's attorney to attend any meeting concerning the complaint, including 18 confidential meetings. The committee shall notify the subject of the complaint of 19 the schedule of its proceedings. The confidentiality provisions of this subsection may 20 be waived by the subject of the complaint, except that the subject of the complaint 21 may not waive the confidentiality duty the committee owes to others. 22 * Sec. 44. AS 24.60.174(a) is amended to read: 23 (a) If the person found to have violated this chapter is or was a member of the 24 legislature, the committee's recommendations shall be forwarded by the chair of the 25 committee to the presiding officer of the appropriate house of the legislature. If the 26 committee recommends sanctions other than expulsion from the legislature, the 27 committee recommendation 28 (1) must include a suggested timetable for the compliance reports 29 required under (e) of this section, if any; and 30 (2) may include recommended fines that the legislature may impose 31 if the legislator who was found to have violated this chapter does not comply with
01 the sanctions imposed by the legislature in a timely manner. 02 * Sec. 45. AS 24.60.174 is amended by adding a new subsection to read: 03 (e) When a house of the legislature imposes a sanction other than expulsion 04 on a member or former member, it shall advise the committee at the time of imposing 05 the sanction of the terms it has imposed and of the timetable for compliance adopted 06 with the sanctions. A legislator or former legislator on whom sanctions other than 07 expulsion have been imposed shall report to the committee as required by the 08 timetable. If the committee determines that the legislator or former legislator has not 09 complied fully and in a timely manner with the sanctions imposed by the legislature, 10 the committee may recommend that the legislature impose a fine or additional 11 sanctions. 12 * Sec. 46. AS 24.60.176 is amended to read: 13 Sec. 24.60.176. RECOMMENDATIONS WHERE VIOLATOR IS A 14 LEGISLATIVE EMPLOYEE. If the person found to have violated this chapter is or 15 was a legislative employee, the committee's recommendations shall be forwarded to 16 the appropriate appointing authority which [THAT] shall, as soon as is reasonably 17 possible, determine the sanctions, if any, to be imposed. The appointing authority may 18 not question the committee's findings of fact. The appointing authority shall assume 19 the validity of the committee's findings [,] and determine and impose the appropriate 20 sanctions. The appointing authority has the power to impose a sanction 21 recommended by the committee or to impose a different sanction. The appointing 22 authority shall enforce the sanction and shall report to the committee at a time 23 specified by the committee concerning the employee's compliance with the 24 sanction. 25 * Sec. 47. AS 24.60.176 is amended by adding a new subsection to read: 26 (b) In this section, "appointing authority" means 27 (1) the legislative council for employees of the Legislative Affairs 28 Agency and of the legislative council and for legislative employees not otherwise 29 covered under this subsection; 30 (2) the Legislative Budget and Audit Committee for the legislative 31 fiscal analyst and employees of the division of legislative finance, the legislative
01 auditor and employees of the division of legislative audit, and employees of the 02 Legislative Budget and Audit Committee; 03 (3) the appropriate finance committee for employees of the senate or 04 house finance committees; 05 (4) the appropriate rules committee for employees of standing 06 committees of the legislature other than the finance committees, for employees of the 07 senate secretary's office and the office of the chief clerk of the house of 08 representatives; 09 (5) the legislator who made the hiring decision for employees of 10 individual legislators; however, the legislator may request the appropriate rules 11 committee to act in the legislator's stead; 12 (6) the ombudsman for employees of the office of the ombudsman, 13 other than the ombudsman; 14 (7) the legislature for the ombudsman. 15 * Sec. 48. AS 24.60 is amended by adding a new section to read: 16 Sec. 24.60.178. RECOMMENDED SANCTIONS. (a) When the committee 17 finds that a person has violated this chapter, the committee may recommend 18 appropriate sanctions, including sanctions set out in (b) of this section. 19 (b) The sanctions that the committee may recommend include 20 (1) imposition of a civil penalty of not more than $5,000 for each 21 offense or twice the amount improperly gained, whichever is greater; 22 (2) divestiture of specified assets or withdrawal from specified 23 associations; 24 (3) additional, detailed disclosure, either as a public disclosure or as a 25 confidential disclosure to the committee; 26 (4) in the case of a legislative employee, suspension of employment 27 with or without pay for a stated period of time or until stated conditions are met, or 28 termination from legislative employment; 29 (5) restitution of property or reimbursement of improperly received 30 benefits; 31 (6) public or private written reprimand;
01 (7) censure, including, in the case of a legislator, removal from a 02 leadership position or committee membership and a determination that the legislator 03 will not be appointed to serve in a leadership position or on a committee during the 04 remainder of that legislature; 05 (8) placing the person on probationary status; 06 (9) in the case of a legislator, expulsion from the house of the 07 legislature; 08 (10) any other appropriate measure. 09 (c) In addition to or in place of a sanction recommended under (b) of this 10 section, the committee may recommend that the subject of a complaint be required to 11 pay all or a portion of the costs related to the investigation and adjudication of a 12 complaint. 13 * Sec. 49. AS 24.60.200 is amended to read: 14 Sec. 24.60.200. FINANCIAL DISCLOSURE BY LEGISLATORS, [AND] 15 LEGISLATIVE DIRECTORS, AND CERTAIN LEGISLATIVE EMPLOYEES. A 16 legislator, [AND] a legislative director, and a legislative employee who is required 17 to disclose shall file a disclosure statement, under oath and on penalty of perjury, with 18 the Alaska Public Offices Commission giving the following information about the 19 income received by them, their spouses, their dependent children, and their 20 nondependent children who are living with them: 21 (1) the information that a public official is required to report under 22 AS 39.50.030; however, a legislator, legislative director, or legislative employee is 23 not required to report any gifts [, EXCEPT THAT SOURCES OF INCOME OTHER 24 THAN GIFTS OF $1,000 OR LESS, AND LOANS OF $1,000 OR LESS NEED NOT 25 BE REPORTED]; 26 (2) as to income in excess of $1,000 received as compensation for 27 personal services, the name and address of the source of the income, and a statement 28 describing the nature of the services performed; if the source of income is known or 29 reasonably should be known to have a substantial interest in legislative, administrative, 30 or political action and the recipient of the income is a legislator, [OR] a legislative 31 director, or a legislative employee, the amount of income received from the source
01 shall be disclosed; 02 (3) as to each loan or loan guarantee over $1,000 from a source with 03 a substantial interest in legislative, administrative, or political action, the name and 04 address of the person making the loan or guarantee, the amount of the loan, the terms 05 and conditions under which the loan or guarantee was given, the amount outstanding 06 at the time of filing, and whether or not a written loan agreement exists [; 07 (4) THE SOURCE OF A GIFT, OTHER THAN AN INHERITANCE, 08 RECEIVED DURING THE PRECEDING CALENDAR YEAR BY THE PERSON, 09 THE PERSON'S SPOUSE OR DEPENDENT CHILD, OR A NONDEPENDENT 10 CHILD OF THE PERSON WHO IS LIVING WITH THE PERSON, IF THE 11 AMOUNT OF THE GIFT EXCEEDS $100 AND IS RECEIVED FROM A PERSON 12 WHO IS NOT A MEMBER OF THE RECIPIENT'S FAMILY]. 13 * Sec. 50. AS 24.60.210 is amended to read: 14 Sec. 24.60.210. DEADLINES FOR FILING OF DISCLOSURE 15 STATEMENTS. A legislator, [AND] a legislative director, and a legislative 16 employee who is required to disclose shall file an annual report with the Alaska 17 Public Offices Commission, covering the previous calendar year, containing the 18 disclosures required by AS 24.60.200, on or before April 15 of each year. 19 * Sec. 51. AS 24.60.240 is amended to read: 20 Sec. 24.60.240. CIVIL PENALTY FOR LATE FILING. A legislator, [OR] 21 a legislative director, or a legislative employee who is required to disclose who fails 22 to file a properly completed report under AS 24.60.200 is subject to a civil penalty of 23 not more than $10 a day for each day the delinquency continues as the Alaska Public 24 Offices Commission determines, subject to appeal to the superior court. An affidavit 25 stating facts in mitigation may be submitted to the Alaska Public Offices Commission 26 by the person against whom the civil penalty is assessed. However, the imposition of 27 the penalties prescribed in this section does not excuse the person from filing reports 28 required by AS 24.60.200. 29 * Sec. 52. AS 24.60.250 is amended to read: 30 Sec. 24.60.250. EFFECT OF FAILURE TO FILE BY LEGISLATIVE 31 CANDIDATE. In addition to the sanctions described in AS 24.60.260, if the Alaska
01 Public Offices Commission finds that a candidate for the legislature who is an 02 incumbent legislator, [OR A] legislative director, or legislative employee who is 03 required to disclose has failed or refused to file a report under AS 24.60.200 by a 04 deadline established in AS 24.60.210, it shall notify the lieutenant governor. The 05 candidate shall forfeit nomination to office and may not be seated in office. The 06 lieutenant governor may not certify the person's nomination for office or election to 07 office and nomination to the office shall be certified as provided in AS 39.50.060(b). 08 * Sec. 53. AS 24.60.260(a) is amended to read: 09 (a) A person required to make a disclosure under this chapter may not 10 knowingly make a false or deliberately misleading or incomplete disclosure to the 11 committee or to the Alaska Public Offices Commission. A person who files [, OR 12 FILE] a disclosure after a deadline set by this chapter or by a regulation adopted by 13 the committee or by the Alaska Public Offices Commission has violated this chapter 14 and may be subject to imposition of a fine as provided in (c) of this section or 15 AS 24.60.240. 16 * Sec. 54. AS 24.60.260 is amended by adding a new subsection to read: 17 (c) The committee may impose a fine on a person who files a disclosure after 18 a deadline set by this chapter. The amount of the fine imposed under this subsection 19 may not exceed $2 for each day to a maximum of $25 per disclosure for an 20 inadvertent late disclosure. If the committee finds that a person intentionally waited 21 until after a deadline had passed to file a disclosure or, knowing a disclosure was 22 required under this chapter, intentionally failed to make the disclosure, the committee 23 may impose an additional fine of $100 under this subsection. 24 * Sec. 55. AS 24.60.990(a)(5) is amended to read: 25 (5) "immediate family" means 26 (A) the spouse of the person; 27 (B) another person cohabiting with the person in a conjugal 28 relationship that is not a legal marriage; or 29 (C) a parent, child [, PARENTS, CHILDREN], including a 30 stepchild and an adoptive child, and sibling [SIBLINGS] of a person if the 31 parent, child, or sibling resides with the person, is financially dependent
01 on the person, or shares a substantial financial interest with the person; 02 * Sec. 56. AS 24.60.990(a) is amended by adding a new paragraph to read: 03 (15) "legislative employee who is required to disclose" means a 04 legislative employee, other than a legislator or a legislative director, who is 05 compensated at Range 19 or above of the state salary schedule under AS 39.27.011. 06 * Sec. 57. AS 39.25.070 is amended to read: 07 Sec. 39.25.070. POWERS AND DUTIES OF PERSONNEL BOARD. In 08 addition to the other duties imposed by this chapter, the personnel board shall 09 (1) approve or disapprove amendments to the personnel rules in 10 accordance with AS 39.25.140; 11 (2) consider and act upon recommendations for the extension of the 12 partially exempt service and the classified service as provided in AS 39.25.130; 13 (3) hear and determine appeals by employees in the classified service 14 as provided in AS 39.25.170; 15 (4) establish its own rules of procedure; two members constitute a 16 quorum for the transaction of business and two affirmative votes are required for final 17 action on matters acted upon by the board; 18 (5) elect a chair [CHAIRMAN] from its membership; 19 (6) have the power to administer oaths, subpoena witnesses, and compel 20 the production of books and papers pertinent to a hearing authorized by this chapter; 21 (7) employ staff members, who shall be in the classified service; 22 (8) carry out its powers and duties under AS 39.52 [RETAIN 23 INDEPENDENT COUNSEL IN ACCORDANCE WITH AS 39.52.310(c); 24 (9) APPOINT, AND REVIEW THE FINDINGS, CONCLUSIONS, 25 AND RECOMMENDATIONS OF, HEARING OFFICERS IN ACCORDANCE WITH 26 AS 39.52.350(c), 39.52.360, AND 39.52.370; 27 (10) ISSUE FINDINGS, CONCLUSIONS, AND DECISIONS 28 REGARDING VIOLATIONS OF THE CODE OF ETHICS IN AS 39.52.110 - 29 39.52.190; AND 30 (11) IMPOSE THE PENALTIES DESCRIBED IN AS 39.52.410, 31 39.52.440, AND 39.52.450].
01 * Sec. 58. AS 39.25.160 is amended by adding a new subsection to read: 02 (j) A state employee, whether in the classified, partially exempt, or exempt 03 service, may not campaign on behalf of a political candidate on government time. 04 This subsection does not prohibit the employees of the division of elections from 05 carrying out duties related to elections or the members and employees of the 06 commission on judicial conduct from carrying out duties relating to the evaluation of 07 justices and judges. 08 * Sec. 59. AS 39.50.020 is amended to read: 09 Sec. 39.50.020. REPORT OF FINANCIAL AND BUSINESS INTERESTS. 10 (a) A public official as defined in AS 39.50.200 other than the governor, the 11 lieutenant governor, or an elected municipal officer, [JUDICIAL OFFICER, 12 COMMISSIONER, CHAIR OR MEMBER OF A STATE COMMISSION OR BOARD 13 SPECIFIED IN AS 39.50.200(b), A PERSON HIRED OR APPOINTED AS HEAD 14 OR DEPUTY HEAD OF, OR DIRECTOR OF A DIVISION WITHIN, A 15 DEPARTMENT IN THE EXECUTIVE BRANCH, A PERSON APPOINTED 16 AS ASSISTANT TO THE GOVERNOR, A STATE INVESTMENT OFFICER AND 17 THE STATE COMPTROLLER IN THE DEPARTMENT OF REVENUE, AND A 18 MUNICIPAL OFFICER] shall file a statement giving income sources and business 19 interests, under oath and on penalty of perjury, within 30 days after taking office as 20 a public official. Candidates for state elective office other than a candidate who is 21 subject to AS 24.60 shall file the [SUCH A] statement with the director of elections 22 at the time of filing a declaration of candidacy or a nominating petition [,] or 23 [WITHIN 30 DAYS OF] becoming a candidate by any other means. Candidates for 24 elective municipal office shall file the [SUCH A] statement at the time of filing a 25 nominating petition, declaration of candidacy, or other required filing for the elective 26 municipal office. Refusal or failure to file within the time prescribed shall require that 27 the candidate's filing fees, if any, and filing for office be refused or that a previously 28 accepted filing fee be returned and the candidate's name removed from the filing 29 records. A statement shall also be filed by public officials no later than April 15 or 15 30 days after the person files a federal income tax return in each following year, 31 whichever comes first. Persons who are members of boards or commissions not named
01 in AS 39.50.200(b) are not required to file financial statements. 02 (b) A public official other than an elected or appointed municipal officer 03 [THE GOVERNOR, LIEUTENANT GOVERNOR, JUDICIAL OFFICERS, EACH 04 COMMISSIONER, HEAD OR DEPUTY HEAD OF, OR DIRECTOR OF A 05 DIVISION WITHIN, A DEPARTMENT IN THE EXECUTIVE BRANCH, 06 ASSISTANT TO THE GOVERNOR, STATE INVESTMENT OFFICERS AND THE 07 STATE COMPTROLLER IN THE DEPARTMENT OF REVENUE, OR CHAIR OR 08 MEMBER OF A COMMISSION OR BOARD REQUIRED TO REPORT UNDER 09 THIS CHAPTER,] shall file the statement with the Alaska Public Offices Commission. 10 Candidates for the office of governor and lieutenant governor and, if the candidate is 11 not subject to AS 24.60, the legislature shall file the statement under AS 15.25.030 or 12 15.25.180. Municipal officers, and candidates for elective municipal office, shall file 13 with the municipal clerk or other municipal official designated to receive their filing 14 for office. All statements required to be filed under this chapter are public records. 15 * Sec. 60. AS 39.50.030(a) is amended to read: 16 (a) Each statement must [SHALL] be an accurate representation of the 17 financial affairs of the public official or candidate and must [SHALL] contain the 18 same information for each member of the person's family, as specified in (b) of this 19 section, to the extent that it is ascertainable by the public official or candidate. [AN 20 ASSET OR LIABILITY UNDER $500, HOUSEHOLD GOODS, AND PERSONAL 21 EFFECTS NEED NOT BE IDENTIFIED.] 22 * Sec. 61. AS 39.50.030(b) is amended to read: 23 (b) Each statement filed by a public official or candidate under this chapter 24 must [SHALL] include the following: 25 (1) the source of all income over $1,000 [$100] during the preceding 26 calendar year, including taxable and nontaxable capital gains, received by the person, 27 the person's spouse or dependent child, or a nondependent child of the person who is 28 living with that person, except that a source of income that is a gift must be 29 included if the value of the gift exceeds $250; 30 (2) the identity, by name and address, of each business in which the 31 person, the person's spouse or dependent child, or a nondependent child of the person
01 who is living with that person was a stockholder, owner, officer, director, partner, 02 proprietor, or employee during the preceding calendar year; 03 (3) the identity and nature of each interest owned in any business 04 during the preceding calendar year by the person, the person's spouse or dependent 05 child, or a nondependent child of the person who is living with that person; 06 (4) the identity and nature of each interest in real property, including 07 an option to buy, owned at any time during the preceding calendar year by the person, 08 the person's spouse or dependent child, or a nondependent child of the person who is 09 living with that person; 10 (5) the identity of each trust or other fiduciary relation in which the 11 person, the person's spouse or dependent child, or a nondependent child of the person 12 who is living with that person held a beneficial interest exceeding $1,000 during the 13 preceding calendar year, a description and identification of the property contained in 14 each trust or relation, and the nature and extent of the beneficial interest in it; 15 (6) any loan or loan guarantee of more than $1,000 made to the 16 person, the person's spouse or dependent child, or a nondependent child of the person 17 who is living with that person, and the identity of the maker of the loan or loan 18 guarantor and the identity of each creditor to whom the person, the person's spouse or 19 dependent child, or a nondependent child of the person who lives with that person 20 owed more than $1,000; this paragraph requires disclosure of a loan, loan 21 guarantee, or indebtedness only if the loan or guarantee was made, or the 22 indebtedness incurred, during the preceding calendar year, or if the amount still 23 owing on the loan, loan guarantee, or indebtedness was more than $1,000 at any 24 time during the preceding calendar year [$500 OR MORE]; 25 (7) a list of all contracts and offers to contract with the state or an 26 instrumentality of the state during the preceding calendar year held, bid, or offered by 27 the person, the person's spouse or dependent child, a nondependent child of the person 28 who is living with that person, a partnership or professional corporation of which 29 the person is a member [THE PERSON'S MOTHER OR FATHER], or a corporation 30 in which the person or the person's spouse or children, or a combination of them, hold 31 a controlling interest; and
01 (8) a list of all mineral, timber, oil, or any other natural resource lease 02 held, or lease offer made, during the preceding calendar year by the person, the 03 person's spouse or dependent child, a nondependent child of the person who is living 04 with that person, [THE PERSON'S MOTHER OR FATHER,] a partnership or 05 professional corporation of which the person is a member, or a corporation in which 06 the person or the person's spouse or children, or a combination of them, holds a 07 controlling interest. 08 * Sec. 62. AS 39.50.070 is amended to read: 09 Sec. 39.50.070. FAILURE TO REPORT BY CERTAIN STATE 10 EMPLOYEES [DEPARTMENT, DIVISION, OR DEPUTY DEPARTMENT 11 HEADS]. A person hired or appointed as the head or deputy head of, or director of 12 a division within, a department in the executive branch or another state employee 13 subject to this chapter who refuses or fails to file a report of financial interests 14 required under this chapter when due may not hold office, and the person's name may 15 not be submitted to the legislature for confirmation, until the person complies. The 16 person may not be confirmed, hired, or appointed, and the person forfeits and may not 17 be paid any salary, per diem, or travel expenses, until the person complies. If, after 18 installation as the head or deputy head of, or director of a division within, a 19 department, or, for other state employees, after beginning employment in the 20 position subject to this chapter, the person refuses or fails to file the required 21 statement when due, the person is guilty of a misdemeanor and upon conviction is 22 punishable by a fine of not less than $100 nor more than $1,000 and shall be removed 23 from office if compliance is not made within 30 days after the due date of the report. 24 * Sec. 63. AS 39.50.080 is amended to read: 25 Sec. 39.50.080. FAILURE TO REPORT BY A COMMISSION OR BOARD 26 CHAIR [CHAIRMAN] OR MEMBER. A person hired or appointed as a 27 commissioner, chair, [CHAIRMAN] or member of a state commission or board 28 specified in AS 39.50.200(b), including the executive director of the Alaska 29 Tourism Marketing Council, who fails to file a report of financial interests required 30 under this chapter when due may not hold office, and the person's name may not be 31 submitted to the legislature until the person complies. The person may not be
01 confirmed, and the person forfeits and may not be paid any salary, per diem or travel 02 expenses, until the person complies. If, after being seated as commissioner, chair, 03 [CHAIRMAN] or member of the [SUCH A] commission or board the person refuses 04 or fails to file the required statement when due, the person is guilty of a misdemeanor 05 and upon conviction is punishable by a fine of not less than $100 nor more than 06 $1,000 and shall be removed from office if compliance is not made within 30 days 07 after the due date. 08 * Sec. 64. AS 39.50.200(a)(8) is amended to read: 09 (8) "public official" means a judicial officer, the governor, the 10 lieutenant governor, a person hired or appointed as the head or deputy head of [, OR 11 DIRECTOR OF A DIVISION,] a department in the executive branch or as the 12 director of a division in a department in the executive branch, [AN ASSISTANT 13 TO THE GOVERNOR,] chair or member of a state commission or board, [STATE 14 INVESTMENT OFFICERS AND THE STATE COMPTROLLER IN THE 15 DEPARTMENT OF REVENUE,] the executive director of the Alaska Tourism 16 Marketing Council, another state employee subject to this chapter, and each 17 appointed or elected municipal officer; 18 * Sec. 65. AS 39.50.200(a) is amended by adding a new paragraph to read: 19 (10) "another state employee subject to this chapter" means a state 20 employee who is employed in a position in the executive branch of state government 21 in the exempt or partially exempt service and who is compensated at Range 21 or 22 above on the state salary schedule under AS 39.27.011 or at more than $4,200 per 23 month; an assistant to the governor, an assistant to the lieutenant governor, a state 24 investment officer, and the state comptroller in the Department of Revenue, but does 25 not include a state officer or employee who is otherwise included in the definition of 26 "public official" under this section, and does not include an employee who is a 27 member of a collective bargaining unit. 28 * Sec. 66. AS 39.52.010(a) is amended to read: 29 (a) It is declared that 30 (1) [THAT] high moral and ethical standards among public officers in 31 the executive branch are essential to assure the trust, respect, and confidence of the
01 people of this state; [TO THE CONDUCT OF FREE GOVERNMENT; AND] 02 (2) [THAT THE LEGISLATURE BELIEVES THAT] a code of ethics 03 for the guidance of public officers will 04 (A) discourage those officers from acting upon personal or 05 financial interests in the performance of their public responsibilities; 06 (B) [, WILL] improve standards of public service; and 07 (C) [, AND WILL] promote and strengthen the faith and 08 confidence of the people of this state in their public officers; 09 (3) [. IT IS FURTHER DECLARED THAT] holding public office or 10 employment is a public trust and that as one safeguard of that trust, the people require 11 public officers to adhere to a code of ethics; 12 (4) a fair and open government requires that executive branch 13 public officers conduct the public's business in a manner that preserves the 14 integrity of the governmental process and avoids conflicts of interest or even 15 appearances of conflicts of interest; 16 (5) in order for the rules governing conduct to be respected both 17 during and after leaving public service, the code of ethics must be administered 18 fairly without bias or favoritism; 19 (6) no code of conduct, however comprehensive, can anticipate all 20 situations in which violations may occur nor can it prescribe behaviors that are 21 appropriate to every situation; in addition, laws and regulations regarding ethical 22 responsibilities cannot legislate morality, eradicate corruption, or eliminate bad 23 judgment; and 24 (7) compliance with a code of ethics is an individual responsibility; 25 thus all who serve the state have a solemn responsibility to avoid improper 26 conduct and prevent improper behavior by colleagues and subordinates. 27 * Sec. 67. AS 39.52.110(c) is amended to read: 28 (c) Designated [THE ATTORNEY GENERAL, DESIGNATED] supervisors, 29 hearing officers, and the personnel board must be guided by this section when issuing 30 opinions and reaching decisions. 31 * Sec. 68. AS 39.52.120(b) is amended to read:
01 (b) A public officer may not 02 (1) seek other employment or contracts through the use or attempted 03 use of official position; 04 (2) accept, receive, or solicit compensation for the performance of 05 official duties or responsibilities from a person other than the state; this paragraph 06 may not be construed to prohibit the governor or the lieutenant governor from 07 the lawful solicitation for and acceptance of campaign contributions or a public 08 officer from the acceptance of a lawful gift, other than a campaign contribution, 09 under AS 39.52.130; 10 (3) use state time, property, equipment, or other facilities to benefit 11 personal or financial interests; 12 (4) take or withhold official action in order to affect a matter in which 13 the public officer has a personal or financial interest; or 14 (5) attempt to benefit a personal or financial interest through coercion 15 of a subordinate. 16 * Sec. 69. AS 39.52 is amended by adding a new section to read: 17 Sec. 39.52.125. MISUSE OF OFFICIAL POSITION BY STATE OFFICIALS. 18 (a) In addition to the prohibitions under AS 39.52.120, a state official may not 19 (1) take or withhold official action or exert official influence that could 20 substantially benefit or harm the financial interest of a person with whom the state 21 official is negotiating for employment; 22 (2) knowingly seek, accept, use, allocate, grant, or award public funds 23 for a purpose other than that approved by law, or make a false statement in connection 24 with a claim, request, or application for compensation, reimbursement, or travel 25 allowances from public funds; 26 (3) require another public officer to perform services for the private 27 benefit of the state official at any time, or allow a public officer to perform services 28 for the private benefit of the state official on government time; or 29 (4) use or authorize the use of state funds, facilities, equipment, 30 services, or another government asset or resource for the purpose of political fund 31 raising or campaigning.
01 (b) Except for the governor and the lieutenant governor, a state official may 02 not on government time assist in political party or candidate activities, campaigning, 03 or fund raising. A state official, including the governor and the lieutenant governor, 04 may not require another public officer to perform an act in violation of this subsection. 05 (c) Unless approved by the personnel board, during a campaign period for an 06 election in which the state official is a candidate, a state official may not use or permit 07 another to use state funds to print or distribute a political mass mailing to individuals 08 eligible to vote for the candidate. In this subsection, 09 (1) a "campaign period" is the period that 10 (A) begins 90 days before an election to the board of an electric 11 or telephone cooperative organized under AS 10.25, a municipal election, or 12 a primary election or that begins on the date of the governor's proclamation 13 calling a special election; and 14 (B) ends the day after the cooperative election, municipal 15 election, or the general or special election; 16 (2) a mass mailing is considered to be political if it is from or about 17 a 18 (A) state official who is a candidate for election to a federal, 19 state, or municipal elective office or to the board of a telephone or electric 20 cooperative; 21 (B) another person who is a candidate for election to a federal, 22 state, or municipal elective office or to the board of a telephone or electric 23 cooperative. 24 (d) A state official, or another person on behalf of the official, or a campaign 25 committee of the official, may not distribute or post campaign literature, placards, 26 posters, fund-raising notices, or other communications intended to influence the 27 election of a candidate in an election in public areas in a facility ordinarily used to 28 conduct state government business. 29 (e) A state official may not directly, or by authorizing another to act on the 30 official's behalf, 31 (1) agree to, threaten to, or state or imply that the official will take or
01 withhold an official action as a result of a person's decision to provide or not provide 02 a political contribution, donate or not donate to a cause favored by the official, or 03 provide or not provide a thing of value; or 04 (2) state or imply that the official will perform or refrain from 05 performing a lawful governmental service as a result of a person's decision to provide 06 or not provide a political contribution, donate or not donate to a cause favored by the 07 official or provide or not provide a thing of value. 08 (f) A state official may serve on a board of an organization, including a 09 governmental entity, that regularly has a substantial interest in the official actions of 10 the official, if the official discloses the board membership to the personnel board. 11 (g) In this section, when determining whether a state official is considered to 12 be performing a task on government time, the personnel board shall consider the 13 official's work schedule as set by the official's immediate supervisor, if any. An 14 official other than the governor and lieutenant governor who engages in political 15 campaign activities other than incidental campaign activities as described in this 16 subsection during the work day shall take leave for the period of campaigning. 17 Political campaign activities while on government time are permissible if the activities 18 are part of the normal governmental duties of the official, including answering 19 telephone calls and handling of incoming correspondence. 20 * Sec. 70. AS 39.52.130(c) is amended to read: 21 (c) In accordance with AS 39.52.240, a designated supervisor or a state 22 official may request guidance from the personnel board [ATTORNEY GENERAL] 23 concerning whether acceptance of a particular gift is prohibited. 24 * Sec. 71. AS 39.52.130 is amended by adding new subsections to read: 25 (e) In addition to the requirements of (a) and (b) of this section, and except 26 as provided in (f) - (n) of this section, a state official may not solicit, accept, or 27 receive, directly or indirectly, a gift worth $250 or more, whether in the form of 28 money, service, loan, travel, entertainment, hospitality, employment, promise, or in any 29 other form, or gifts from the same person worth less than $250 that in a calendar year 30 aggregate to $250 or more in value. Except for food or beverage for immediate 31 consumption, a state official may not solicit, accept, or receive during a legislative
01 session a gift with any monetary value from a lobbyist or a person acting on behalf 02 of a lobbyist. 03 (f) A state official who accepts a gift under (g)(4) of this section shall disclose 04 the gift if it has a value in excess of $250, including the name and occupation of the 05 giver and a description of the gift and its approximate value, to the personnel board 06 within 30 days after the date of its receipt. Except as provided in (j) of this section, 07 a gift under (g)(6) of this section that has a value of $250 or more shall be disclosed 08 to the personnel board annually on or before February 15 of the following calendar 09 year; the disclosure must include only a description of the gift and the identity of the 10 donor. The personnel board shall maintain a public record of the disclosures received 11 of gifts under (g)(4) of this section. Disclosures relating to gifts under (g)(6) of this 12 section shall be maintained but are confidential and may only be used by the attorney 13 general or the personnel board and its employees and contractors in the investigation 14 of a possible violation of this section or in a proceeding under AS 39.52.310 - 15 39.52.390. If the disclosures become part of the record of a proceeding under 16 AS 39.52.310 - 39.52.390, the confidentiality provisions in AS 39.52.340 apply to the 17 disclosures. The personnel board shall forward disclosures it receives from a state 18 official concerning gifts under (g)(4) of this section to the Alaska Public Offices 19 Commission. 20 (g) Notwithstanding (e) of this section, it is not a violation of this section for 21 a state official to accept 22 (1) hospitality, other than hospitality described in (4) of this subsection 23 (A) with incidental transportation at the residence of a person; 24 however, a vacation home located outside the state is not considered a 25 residence for the purposes of this subparagraph; or 26 (B) at a social event or meal; 27 (2) discounts that are available 28 (A) generally to the public or to a large class of persons to 29 which the person belongs; or 30 (B) when on state business; 31 (3) food or foodstuffs indigenous to the state that are shared generally
01 as a cultural or social norm; 02 (4) travel and hospitality primarily for the purpose of obtaining 03 information on matters of governmental concern; 04 (5) gifts from the immediate family of the person; or 05 (6) gifts that are not connected with the recipient's governmental status. 06 (h) Notwithstanding (e) of this section, a state official may accept a gift of 07 property worth $250 or more, other than money, from a foreign government or from 08 the government of the United States or another state or from an official of a foreign 09 government or of the government of the United States or another state if the person 10 accepts the gift on behalf of the state. The person shall, within 60 days after receiving 11 the gift, deliver the gift to the Office of the Governor, which shall determine the 12 appropriate disposition of the gift. 13 (i) Notwithstanding (e) of this section, a state official may solicit, accept, or 14 receive a gift on behalf of a recognized, nonpolitical charitable organization in 15 accordance with guidelines adopted by the personnel board. 16 (j) A state official who receives an inheritance from a person other than a 17 family member shall disclose the fact of the receipt of an inheritance and the identity 18 of the person from whom it was received to the personnel board within 60 days after 19 receiving notice of the inheritance. The personnel board shall maintain a public record 20 of the disclosure. This subsection does not require disclosure of the value of the 21 inheritance. 22 (k) A state official or public agency may accept (1) a gift of volunteer services 23 for governmental purposes so long as the person making the gift of services is not 24 receiving compensation from another source for the services or (2) a gift of the 25 services of a trainee who is participating in an educational program approved by the 26 personnel board if the services are used for governmental purposes. The personnel 27 board shall approve training under a program of the University of Alaska and training 28 under 29 U.S.C. 1501 - 1792b (Job Training Partnership Act). A governmental 29 volunteer or educational trainee shall be considered to be a public employee for 30 purposes of compliance with this chapter other than AS 39.52.150, 39.52.155, and 31 39.52.160. If a person believes that a governmental volunteer or educational trainee
01 has violated the provisions of one of those sections, the person may file a complaint 02 under AS 39.52.310. The provisions of AS 39.52.310 - 39.52.390 apply to the 03 proceeding. This subsection does not permit a state official to accept a gift of services 04 for nongovernmental purposes. 05 (l) A state official who knows or reasonably ought to know that a family 06 member has received a gift because of the family member's connection with the 07 official's public office shall report the receipt of the gift by the family member to the 08 personnel board if the gift would have to be reported under this section if it had been 09 received by the public officer or if receipt of the gift by a public officer would be 10 prohibited under this section. 11 (m) In this section, the value of a gift shall be determined by the fair market 12 value of the gift to the extent that the fair market value can be determined. 13 (n) In this section, "immediate family" or "family member" means 14 (1) the spouse of the person; 15 (2) another person cohabiting with the person in a conjugal relationship 16 that is not a legal marriage; 17 (3) a child, including a stepchild and an adoptive child, of the person; 18 (4) a parent, sibling, grandparent, aunt, or uncle of the person; and 19 (5) a parent, sibling, grandparent, aunt, or uncle of the person's spouse. 20 * Sec. 72. AS 39.52 is amended by adding new sections to read: 21 Sec. 39.52.132. RESTRICTIONS ON FUND RAISING. (a) A state official, 22 including the governor and the lieutenant governor, may not 23 (1) on a day when either house of the legislature is in regular or special 24 session, solicit or accept a contribution or a promise or pledge to make a contribution 25 for a candidate for state office; 26 (2) accept money from an event held on a day when either house of the 27 legislature is in regular or special session if a substantial purpose of the event is to 28 raise money on behalf of the state official for a campaign for state office; or 29 (3) expend money in a campaign for state office that was raised by or 30 on behalf of a state official on a day when either house of the legislature was in a 31 legislative session under a declaration of candidacy or general letter of intent to
01 become a candidate for public office. 02 (b) In this section, "contribution" has the meaning given in AS 15.13.130. 03 Sec. 39.52.134. RESTRICTIONS ON EMPLOYEE CANDIDACIES. A state 04 official, other than the governor and the lieutenant governor, may not file a letter of 05 intent to become a candidate or file a declaration of candidacy for the legislature. 06 Sec. 39.52.136. OPEN MEETINGS LAW. State officials shall abide by the 07 open meetings law under AS 44.62.310 - 44 .62.312. 08 * Sec. 73. AS 39.52.150(d) is amended to read: 09 (d) A public officer shall report in writing to the personnel board and the 10 designated supervisor a personal or financial interest held by the officer, or an 11 immediate family member, in a state grant, contract, lease, or loan that is awarded, 12 executed, or administered by the agency the officer serves. 13 * Sec. 74. AS 39.52 is amended by adding a new section to read: 14 Sec. 39.52.155. DISCLOSURE OF CLOSE ECONOMIC ASSOCIATIONS. 15 (a) A state official shall disclose to the official's designated supervisor and to the 16 Alaska Public Offices Commission, which shall maintain a public record of the 17 disclosure, the formation or maintenance of a close economic association involving a 18 substantial financial matter with 19 (1) a supervisor who is not a public officer who has responsibility or 20 authority, either directly or indirectly, over the person's employment, including 21 preparing or reviewing performance evaluations, or granting or approving pay raises 22 or promotions; 23 (2) legislators; 24 (3) a public official who is required to file a financial disclosure 25 statement under AS 39.50 and is not an appointed municipal officer; 26 (4) a registered lobbyist; or 27 (5) a public officer if the person required to make the disclosure is the 28 governor or the lieutenant governor. 29 (b) A state official required to make a disclosure under this section shall make 30 an annual disclosure no later than February 15 of each year of the individual's close 31 economic associations then in existence. If the official forms a close economic
01 association after that date, the disclosure must be made within 60 days after forming 02 the association. A disclosure under this section must be sufficiently detailed that a 03 reader of the disclosure can ascertain the nature of the association. 04 (c) When making a disclosure under (a) of this section concerning a 05 relationship with a lobbyist to whom the state official is married or who is the 06 official's spousal equivalent, the state official shall also disclose the name and address 07 of each employer of the lobbyist and the total monetary value received from the 08 lobbyist's employer. The state official shall report changes in the employer of the 09 spouse or spousal equivalent within 48 hours after the change. In this subsection, 10 (1) "employer of the lobbyist" means the person from whom the 11 lobbyist received amounts or things of value for engaging in lobbying on behalf of 12 the person; 13 (2) "spousal equivalent" means a person cohabiting with the state 14 official in a conjugal relationship that is not a legal marriage. 15 (d) In this section, "close economic association" means a financial relationship 16 that exists between a state official and some other person or entity, including but not 17 limited to relationships where the state official serves as a consultant or advisor to, is 18 a member or representative of, or has a financial interest in, any association, 19 partnership, business, or corporation. 20 * Sec. 75. AS 39.52.170 is amended to read: 21 Sec. 39.52.170. OUTSIDE EMPLOYMENT RESTRICTED. (a) A public 22 employee may not render services to benefit a personal or financial interest or engage 23 in or accept employment outside the agency which the employee serves, if the outside 24 employment or service is incompatible or in conflict with the proper discharge of 25 official duties or, in the case of a state official, if the compensation sought or 26 accepted for the personal services is significantly greater than the value of the 27 services rendered, taking into account the higher rates generally charged by 28 specialists in a profession. 29 (b) A public employee rendering services for compensation, or engaging in 30 employment outside the employee's agency, shall report by July 1 of each year the 31 outside services or employment to the personnel board and to the employee's
01 designated supervisor. During the year, any change in an employee's outside service 02 or employment activity must be reported to the designated supervisor as it occurs. 03 * Sec. 76. AS 39.52.170 is amended by adding a new subsection to read: 04 (c) A state official may not accept a payment of anything of value, except for 05 actual and necessarily incurred travel expenses, for an appearance or speech by the 06 state official; this paragraph does not apply to the salary paid to a state official for 07 making an appearance or speech as part of the official's normal course of employment. 08 * Sec. 77. AS 39.52.180(b) is amended to read: 09 (b) Except as provided in (d) of this section, this [THIS] section does not 10 prohibit an agency from contracting with a former public officer to act on a matter on 11 behalf of the state. 12 * Sec. 78. AS 39.52.180(c) is amended to read: 13 (c) Except as provided in (d) of this section, and, in the case of a state 14 official, only after the elapse of one year from the date the state official left state 15 service, the [THE] head of an agency may waive application of (a) of this section 16 after determining that representation by a former public officer is not adverse to the 17 public interest. The waiver must be in writing and a copy of the waiver must be 18 provided to the attorney general for approval or disapproval. 19 * Sec. 79. AS 39.52.180 is amended by adding a new subsection to read: 20 (d) An agency may not enter into a contract with a state official who has left 21 state service and the head of an agency may not waive application of (a) of this section 22 if the purpose of the proposed contract or representation includes lobbying before a 23 state agency or the state legislature. 24 * Sec. 80. AS 39.52.210 is amended to read: 25 Sec. 39.52.210. DECLARATION OF POTENTIAL VIOLATIONS BY 26 PUBLIC EMPLOYEES. (a) A public employee who is involved in a matter that may 27 result in a violation of AS 39.52.110 - 39.52.190 shall 28 (1) refrain from taking any official action relating to the matter until 29 a determination is made under this section; and 30 (2) immediately disclose the matter in writing to the designated 31 supervisor and the personnel board.
01 (b) A public employee's designated supervisor shall make a written 02 determination whether an employee's involvement violates AS 39.52.110 - 39.52.190 03 and shall provide a copy of the written determination to the public employee and 04 to the personnel board. If the supervisor determines that a violation could exist or 05 will occur, the supervisor shall, 06 (1) reassign duties to cure the employee's potential violation, if feasible; 07 or 08 (2) direct the divestiture or removal by the employee of the personal 09 or financial interests that give rise to the potential violation. 10 (c) A state official or a designated supervisor may request guidance from the 11 personnel board [ATTORNEY GENERAL], in accordance with AS 39.52.240, when 12 determining whether a public employee is involved in a matter that may result in a 13 violation of AS 39.52.110 - 39.52.190. 14 * Sec. 81. AS 39.52.220 is amended to read: 15 Sec. 39.52.220. DECLARATION OF POTENTIAL VIOLATIONS BY 16 MEMBERS OF BOARDS OR COMMISSIONS. (a) A member of a board or 17 commission who is involved in a matter that may result in a violation of AS 39.52.110 18 - 39.52.190 shall disclose the matter on the public record and in writing to the 19 designated supervisor and to the personnel board. The supervisor shall determine 20 whether the member's involvement violates AS 39.52.110 - 39.52.190 and shall 21 provide a copy of the written determination to the board or commission member 22 and to the personnel board. If a member of the board or commission objects to the 23 ruling of the supervisor, or if the supervisor discloses an involvement requiring a 24 determination, the members present at a meeting, excluding the involved member, shall 25 vote on the matter. If the supervisor or a majority of the members voting determine 26 that a violation will exist if the member continues to participate, the member shall 27 refrain from voting, deliberating, or participating in the matter. 28 (b) The member of the board or commission, the designated supervisor, or 29 the board or commission may request guidance from the personnel board 30 [ATTORNEY GENERAL], in accordance with AS 39.52.240, when determining 31 whether a member of a board or commission is involved in a matter that may result
01 in a violation of AS 39.52.110 - 39.52.190. 02 * Sec. 82. AS 39.52.230 is amended to read: 03 Sec. 39.52.230. REPORTING OF POTENTIAL VIOLATIONS. A person may 04 report to a public officer's designated supervisor, under oath and in writing, a potential 05 violation of AS 39.52.110 - 39.52.190 by the public officer. The supervisor shall 06 provide a copy of the report to the officer who is the subject of the report and to the 07 personnel board, and shall review the report to determine whether a violation may 08 exist. The supervisor shall act in accordance with AS 39.52.210 or 39.52.220 if the 09 supervisor determines that the matter may result in a violation of AS 39.52.110 - 10 39.52.190. 11 * Sec. 83. AS 39.52.240(a) is amended to read: 12 (a) Upon the written request of a state official, designated supervisor, or a 13 board or commission, the personnel board [ATTORNEY GENERAL] shall issue 14 opinions interpreting this chapter. The requester must supply any additional 15 information requested by the personnel board [ATTORNEY GENERAL] in order to 16 issue the opinion. Within 60 days after receiving a complete request, the personnel 17 board [ATTORNEY GENERAL] shall issue an advisory opinion on the question. 18 * Sec. 84. AS 39.52.240(b) is amended to read: 19 (b) The personnel board [ATTORNEY GENERAL] may offer oral advice if 20 delay would cause substantial inconvenience or detriment to the requesting party. 21 * Sec. 85. AS 39.52.240(c) is amended to read: 22 (c) In the case of a request for advice from a designated supervisor or a 23 board or commission, the [THE] designated supervisor or the [A] board or 24 commission shall make a written determination based on the advice of the personnel 25 board [ATTORNEY GENERAL]. If the advice [OF THE ATTORNEY GENERAL] 26 provides more than one way for a public officer to avoid or correct a problem found 27 under AS 39.52.110 - 39.52.190, the designated supervisor or the board or commission 28 shall, after consultation with the officer, determine the alternative that is most 29 appropriate and advise the officer of any action required of the officer to avoid or 30 correct the problem. 31 * Sec. 86. AS 39.52.240(e) is amended to read:
01 (e) The personnel board [ATTORNEY GENERAL] may reconsider, revoke, 02 or modify an advisory opinion at any time, including upon a showing that material 03 facts were omitted or misstated in the request for the opinion. 04 * Sec. 87. AS 39.52.240(h) is amended to read: 05 (h) The personnel board [ATTORNEY GENERAL] shall publish in the 06 Alaska Administrative Journal, with sufficient deletions to prevent disclosure of the 07 persons whose identities are confidential under (g) of this section, the advisory 08 opinions issued under this section that the personnel board [ATTORNEY GENERAL] 09 determines to be of major import because of their general applicability to executive 10 branch officers. 11 * Sec. 88. AS 39.52.250 is amended to read: 12 Sec. 39.52.250. ADVICE TO FORMER PUBLIC OFFICERS. (a) A former 13 public officer may request, in writing, an opinion from the personnel board 14 [ATTORNEY GENERAL] interpreting this chapter. The personnel board 15 [ATTORNEY GENERAL] shall give advice in accordance with AS 39.52.240(a) or 16 (b) and publish opinions in accordance with AS 39.52.240(h). 17 (b) A former public officer is not liable under this chapter for any action 18 carried out in accordance with the advice of the personnel board [ATTORNEY 19 GENERAL] issued under this section, if the public officer fully disclosed all relevant 20 facts reasonably necessary to the issuance of the advice. 21 * Sec. 89. AS 39.52.260 is amended to read: 22 Sec. 39.52.260. DESIGNATED SUPERVISOR'S REPORT AND 23 PERSONNEL BOARD [ATTORNEY GENERAL] REVIEW. (a) A designated 24 supervisor shall quarterly submit a report to the personnel board that [ATTORNEY 25 GENERAL WHICH] states the facts, circumstances, and disposition of any disclosure 26 made under AS 39.52.210 - 39.52.240. 27 (b) The personnel board [ATTORNEY GENERAL] shall review 28 determinations reported under this section. The personnel board [ATTORNEY 29 GENERAL] may request additional information from a supervisor concerning a 30 specific disclosure and its disposition. 31 (c) The report prepared under this section is confidential and not available for
01 public inspection unless formal proceedings under AS 39.52.350 are initiated based on 02 the report. If formal proceedings are initiated, the relevant portions of the report are 03 public documents open to inspection. The personnel board [ATTORNEY 04 GENERAL] shall, however, make available to the public a summary of the reports 05 received under this section, with sufficient deletions to prevent disclosure of a person's 06 identity. 07 * Sec. 90. AS 39.52.310(a) is amended to read: 08 (a) The personnel board [ATTORNEY GENERAL] may initiate a complaint, 09 or elect to treat as a complaint, any matter disclosed under AS 39.52.210, 39.52.220, 10 39.52.250, or 39.52.260. 11 * Sec. 91. AS 39.52.310(b) is amended to read: 12 (b) A person may file a complaint with the personnel board [ATTORNEY 13 GENERAL] regarding the conduct of a current or former public officer. A complaint 14 must be in writing, be signed under oath, and contain a clear statement of the details 15 of the alleged violation. 16 * Sec. 92. AS 39.52.310(c) is amended to read: 17 (c) If a complaint alleges a violation of AS 39.52.110 - 39.52.190 by the 18 governor, lieutenant governor, or the attorney general, the [MATTER SHALL BE 19 REFERRED TO THE PERSONNEL BOARD. THE] personnel board shall retain 20 independent counsel who shall act in the place of the attorney general under 21 AS 39.52.350 [(d) - (i) OF THIS SECTION, AS 39.52.320 - 39.52.350,] and 22 39.52.360(c) and (d). 23 * Sec. 93. AS 39.52.310(d) is amended to read: 24 (d) The personnel board [ATTORNEY GENERAL] shall review each 25 complaint filed [,] to determine whether it is properly completed and contains 26 allegations which, if true, would constitute conduct in violation of this chapter. The 27 personnel board [ATTORNEY GENERAL] may require the complainant to provide 28 additional information before accepting the complaint. If the personnel board 29 [ATTORNEY GENERAL] determines that the allegations in the complaint do not 30 warrant an investigation, the personnel board [ATTORNEY GENERAL] shall dismiss 31 the complaint with notice to the complainant and the subject of the complaint.
01 * Sec. 94. AS 39.52.310(e) is amended to read: 02 (e) The personnel board [ATTORNEY GENERAL] may refer a complaint 03 to the subject's designated supervisor for resolution under AS 39.52.210 or 39.52.220. 04 * Sec. 95. AS 39.52.310(f) is amended to read: 05 (f) If the personnel board [ATTORNEY GENERAL] accepts a complaint for 06 investigation, the personnel board [ATTORNEY GENERAL] shall serve a copy of 07 the complaint upon the subject of the complaint, for a response. The personnel board 08 [ATTORNEY GENERAL] may require the subject to provide, within 20 days after 09 service, full and fair disclosure in writing of all facts and circumstances pertaining to 10 the alleged violation. Misrepresentation of a material fact in a response to the 11 personnel board [ATTORNEY GENERAL] is a violation of this chapter. Failure to 12 answer within the prescribed time, or within any additional time period that may be 13 granted in writing by the personnel board [ATTORNEY GENERAL], may be 14 considered an admission of the allegations in the complaint. 15 * Sec. 96. AS 39.52.310(g) is amended to read: 16 (g) If a complaint is accepted under (f) of this section, the personnel board 17 [ATTORNEY GENERAL] shall investigate to determine whether a violation of this 18 chapter has occurred. At any stage of an investigation or review, the personnel board 19 [ATTORNEY GENERAL] may issue a subpoena under AS 39.52.380. 20 * Sec. 97. AS 39.52.320 is amended to read: 21 Sec. 39.52.320. DISMISSAL BEFORE FORMAL PROCEEDINGS. If, after 22 investigation, it appears that there is no probable cause to believe that a violation of 23 this chapter has occurred, the personnel board [ATTORNEY GENERAL] shall 24 dismiss the complaint and [PREPARE AND FILE A CONFIDENTIAL SUMMARY 25 WITH THE PERSONNEL BOARD. THE ATTORNEY GENERAL] shall 26 communicate disposition of the matter promptly to the complainant and to the subject 27 of the complaint. 28 * Sec. 98. AS 39.52.330 is amended to read: 29 Sec. 39.52.330. CORRECTIVE OR PREVENTIVE ACTION. After 30 determining that the conduct of the subject of a complaint does not warrant a hearing 31 under AS 39.52.360, the personnel board [ATTORNEY GENERAL] shall recommend
01 action to correct or prevent a violation of this chapter. The personnel board 02 [ATTORNEY GENERAL] shall communicate the recommended action to the 03 complainant and the subject of the complaint. The subject of the complaint shall 04 comply with the personnel board's [ATTORNEY GENERAL'S] recommendation. 05 * Sec. 99. AS 39.52.340(a) is amended to read: 06 (a) Before the initiation of formal proceedings under AS 39.52.350, 07 information regarding an investigation conducted under this chapter, or obtained by the 08 personnel board [ATTORNEY GENERAL] during the investigation, is confidential. 09 The personnel board [ATTORNEY GENERAL] and all persons contacted during the 10 course of an investigation shall maintain confidentiality regarding the existence of the 11 investigation. A person who violates this section is guilty of a class A misdemeanor. 12 * Sec. 100. AS 39.52.350 is amended to read: 13 Sec. 39.52.350. PROBABLE CAUSE FOR HEARING. (a) If the personnel 14 board [ATTORNEY GENERAL] determines that there is probable cause to believe 15 that a knowing violation of this chapter or a violation that cannot be corrected under 16 AS 39.52.330 has occurred, or that the subject of a complaint failed to comply with 17 a recommendation for corrective or preventive action, the personnel board 18 [ATTORNEY GENERAL] shall initiate formal proceedings by requesting the 19 attorney general to serve [SERVING] a copy of an accusation upon the subject of 20 the accusation. The accusation shall specifically set out the alleged violation. After 21 service, the accusation is a public document open to inspection. Except as provided 22 in AS 39.52.370(c), all subsequent proceedings are open to the public. 23 (b) The subject of the accusation shall file an answer with the personnel 24 board and the attorney general within 20 days after service of the accusation, or at 25 a later time specified by the personnel board [ATTORNEY GENERAL]. If the 26 subject of the accusation fails to timely answer, the allegations are considered 27 admitted. 28 (c) If the subject of the accusation denies that a violation of this chapter has 29 occurred, the [ATTORNEY GENERAL SHALL REFER THE MATTER TO THE] 30 personnel board [, WHICH] shall appoint a hearing officer to conduct a hearing. 31 (d) If the subject of the accusation admits a violation of this chapter, the
01 [ATTORNEY GENERAL SHALL REFER THE MATTER TO THE] personnel board 02 shall [TO] impose penalties under AS 39.52.410, 39.52.440, and 39.52.450, as 03 appropriate. 04 * Sec. 101. AS 39.52.920 is amended to read: 05 Sec. 39.52.920. AGENCY POLICIES. Subject to the review and approval of 06 the personnel board [ATTORNEY GENERAL], an agency may adopt a written policy 07 that, in addition to the requirements of this chapter, limits the extent to which a public 08 officer in the agency or an administrative unit of the agency may 09 (1) acquire a personal interest in an organization or a financial interest 10 in a business or undertaking that may benefit from official action taken or withheld by 11 the agency or unit; 12 (2) have a personal or financial interest in a state grant, contract, lease, 13 or loan administered by the agency or unit; or 14 (3) accept a gift. 15 * Sec. 102. AS 39.52.950 is amended to read: 16 Sec. 39.52.950. REGULATIONS. The attorney general may adopt regulations 17 under AS 44.62 ( [THE] Administrative Procedure Act) necessary to interpret and 18 implement the provisions concerning complaints under this chapter. The personnel 19 board may adopt regulations under AS 44.62 (Administrative Procedure Act) 20 necessary to interpret and implement the other provisions of this chapter. 21 * Sec. 103. AS 39.52.960(11) is amended to read: 22 (11) "immediate family member" means 23 (A) the spouse of the person; 24 (B) another person cohabiting with the person in a conjugal 25 relationship that is not a legal marriage; or 26 (C) a parent, child including a stepchild and an adoptive 27 child, and sibling of a person if the parent, child, or sibling resides with 28 the person, is financially dependent on the person, or shares a substantial 29 financial interest with the person [A PUBLIC OFFICER'S SPOUSE, A 30 RELATION BY BLOOD WITHIN AND INCLUDING THE SECOND 31 DEGREE OF KINDRED, AND A REGULAR MEMBER OF THE OFFICER'S
01 HOUSEHOLD]; 02 * Sec. 104. AS 39.52.960 is amended by adding a new paragraph to read: 03 (23) "state official" means the governor, the lieutenant governor, a 04 person hired or appointed as the head or deputy head of a department in the executive 05 branch or as the director of a division in a department in the executive branch, the 06 chair or member of a state commission or board, as defined in AS 39.50.200(b), the 07 executive director of the Alaska Tourism Marketing Council, an assistant to the 08 governor or the lieutenant governor, a state investment officer, the state comptroller 09 in the Department of Revenue, and a state employee who is not otherwise listed in this 10 definition who is employed by an agency in the executive branch of state government 11 in the exempt or partially exempt service and who is compensated at Range 21A or 12 above on the state salary schedule under AS 39.27.011 or at more than $4,200 per 13 month; however, "state official" does not include an employee who is a member of a 14 collective bargaining unit. 15 * Sec. 105. AS 44.62.175(a) is amended to read: 16 (a) The lieutenant governor shall publish or contract for the publication of the 17 Alaska Administrative Journal. The journal shall be published weekly. The journal 18 must include 19 (1) notices of proposed actions given under AS 44.62.190(a); 20 (2) notices of state agency meetings required under AS 44.62.310(e), 21 even if the meeting has been held; 22 (3) notices of solicitations to bid issued under AS 36.30.130; 23 (4) notices of state agency requests for proposals issued under 24 AS 18.55.255, 18.55.320; AS 36.30.210; AS 37.05.316; AS 38.05.120; and 25 AS 43.40.010; 26 (5) executive orders and administrative orders issued by the governor; 27 (6) written delegations of authority made by the governor or the head 28 of a principal department under AS 44.17.010; 29 (7) the text or a summary of the text of a regulation or order of repeal 30 of a regulation for which notice is given under AS 44.62.190(a), including an 31 emergency regulation or repeal whether or not it has taken effect;
01 (8) a summary of the text of recently issued formal opinions and 02 memoranda of advice of the attorney general; 03 (9) a list of vacancies on boards, commissions, and other bodies whose 04 members are appointed by the governor; and 05 (10) in accordance with AS 39.52.240(h), advisory opinions of the 06 personnel board [ATTORNEY GENERAL]. 07 * Sec. 106. Notwithstanding the amendments made to AS 39.52.240 - 39.52.250 by secs. 08 83 - 88 of this Act, a public officer or a former public officer may rely on an advisory opinion 09 given by the attorney general under AS 39.52.240 - 39.52.250 before the effective date of this 10 bill section to the same extent that the public officer or former public officer could have relied 11 on the opinion if those sections had not been amended by this Act. 12 * Sec. 107. Section 28 of this Act takes effect only if an initiative relating to election 13 campaign financing and the Alaska Public Offices Commission is approved by the voters in 14 1996. 15 * Sec. 108. If sec. 28 of this Act takes effect, it takes effect on the day after the initiative 16 described in sec. 107 of this Act takes effect. 17 * Sec. 109. Except as provided in sec. 108 of this Act, this Act takes effect January 1, 18 1997.