CSSB 105(STA): "An Act relating to legislative and executive branch ethics; relating to the conduct of lobbyists with respect to public officials; relating to the filing of 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. 105(STA) 01 "An Act relating to legislative and executive branch ethics; relating to the conduct 02 of lobbyists with respect to public officials; relating to the filing of disclosures by 03 certain state employees and officials; making a conforming amendment to the 04 definition of `public official' for employment security statutes; and providing for 05 an effective date." 06 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 07 * Section 1. AS 23.20.526(d) is amended to read: 08 (d) For the purposes of AS 23.20.525(a)(4) - (6) and (14), the term 09 "employment" does not apply to service performed 10 (1) by a duly ordained, commissioned, or licensed minister of a church 11 in the exercise of the person's ministry or by a member of a religious order in the 12 exercise of duties required by the order; 13 (2) in a facility conducted for the purpose of carrying out a program 14 of rehabilitation for individuals whose earning capacity is impaired by age or physical
01 or mental deficiency or injury or providing remunerative work for individuals who, 02 because of their impaired physical or mental capacity, cannot be readily absorbed in 03 the competitive labor market by an individual receiving the rehabilitation or 04 remunerative work; 05 (3) as part of an unemployment work-relief or work-training program 06 assisted or financed in whole or in part by any federal agency or any agency of a state 07 or political subdivision of the state, by an individual receiving work relief or work 08 training; 09 (4) for a state hospital by an inmate of a prison or correctional 10 institution; 11 (5) in the employ of a school, college, or university [,] if the service 12 is performed by a student who is enrolled and is regularly attending classes at the 13 school, college, or university; 14 (6) by an individual under the age of 22 who is enrolled at a nonprofit 15 or public educational institution that [WHICH] normally maintains a regular faculty 16 and curriculum and normally has a regularly organized body of students in attendance 17 at the place where its educational activities are carried on as a student in a full-time 18 program, taken for credit at the institution, that [WHICH] combines academic 19 instruction with work experience, if the service is an integral part of the program, and 20 the institution has so certified to the employer, except that this paragraph does not 21 apply to service performed in a program established for or on behalf of an employer 22 or group of employers; 23 (7) in the employ of a hospital, if the service is performed by a patient 24 of the hospital, as defined in AS 23.20.520; 25 (8) in the employ of the state or a political subdivision of the state if 26 the service is performed by an individual in the exercise of duties 27 (A) as a judicial officer, the governor, the lieutenant 28 governor, a person hired or appointed as the head or deputy head of a 29 department in the executive branch, a person hired or appointed as the 30 director of a division of a department in the executive branch, an assistant 31 to the governor, a chair or member of a state commission or board, state
01 investment officers and the state comptroller in the Department of 02 Revenue, the executive director of the Alaska Tourism Marketing Council, 03 an appointed or elected municipal officer ["PUBLIC OFFICIAL" 04 AS DEFINED IN AS 39.50.200(a)], any other elected official, the fiscal analyst 05 of the legislative finance division, the legislative auditor of the legislative audit 06 division, the executive director of the Legislative Affairs Agency, and the 07 directors of the divisions within the Legislative Affairs Agency; 08 (B) as a member of the Alaska Army National Guard or Alaska 09 Air National Guard or Alaska Naval Militia; or 10 (C) as an employee serving on only a temporary basis in case 11 of fire, storm, snow, earthquake, flood, or similar emergency; 12 (9) in the employ of 13 (A) a church or a convention or association of churches; or 14 (B) an organization that [WHICH] is operated primarily for 15 religious purposes and that [WHICH] is operated, supervised, controlled, or 16 principally supported by a church or a convention or association of churches. 17 * Sec. 2. AS 24.25.010(e) is amended to read: 18 (e) This section does not apply to the legislative council, the Select 19 Committee on Legislative Ethics, or [NOR TO] the Legislative Budget and Audit 20 Committee. 21 * Sec. 3. AS 24.45.171(12) is amended to read: 22 (12) "public official" or "public officer" means a 23 (A) public official as defined in AS 39.50.200(a) but does not 24 include a judicial officer or an elected or appointed municipal officer; 25 (B) [,] a member of the legislature; [,] or 26 (C) a legislative director or another legislative employee who 27 is subject to disclosure as defined in AS 24.60.990(a) [; HOWEVER, IT 28 DOES NOT INCLUDE A JUDICIAL OFFICER OR AN ELECTED OR 29 APPOINTED MUNICIPAL OFFICER]. 30 * Sec. 4. AS 24.60.030(a) is amended to read: 31 (a) A legislator or legislative employee may not
01 (1) solicit, agree to accept, or accept a benefit other than official 02 compensation for the performance of public duties; this paragraph may not be 03 construed to prohibit lawful solicitation for and acceptance of campaign contributions 04 or the acceptance of a lawful gratuity under AS 24.60.080; 05 (2) use public funds, facilities, equipment, services, or another 06 government asset or resource for a nongovernmental purpose or for the private benefit 07 of either the legislator, legislative employee, or another person; this paragraph does not 08 prohibit 09 (A) limited use of state property and resources for personal 10 purposes if the use does not interfere with the performance of public duties and 11 the cost or value related to the use is nominal; 12 (B) the use of mailing lists, computer data, or other information 13 lawfully obtained from a government agency and available to the general public 14 for nongovernmental purposes; or 15 (C) telephone use that does not carry a special charge; 16 (3) knowingly seek, accept, use, allocate, grant, or award public funds 17 for a purpose other than that approved by law, or make a false statement in connection 18 with a claim, request, or application for compensation, reimbursement, or travel 19 allowances from public funds; 20 (4) require a legislative employee to perform services for the private 21 benefit of the legislator or employee at any time, or allow a legislative employee to 22 perform services for the private benefit of a legislator or employee on government 23 time; it is not a violation of this paragraph if the services were performed in an 24 unusual or infrequent situation and the person's services were reasonably necessary to 25 permit the legislator or legislative employee to perform official duties; 26 (5) use or authorize the use of state funds, facilities, equipment, 27 services, or another government asset or resource for the purpose of political fund 28 raising or campaigning; this paragraph does not prohibit 29 (A) limited use of state property and resources for personal 30 purposes if the use does not interfere with the performance of public duties and 31 the cost or value related to the use is nominal;
01 (B) the use of mailing lists, computer data, or other information 02 lawfully obtained from a government agency and available to the general public 03 for nongovernmental purposes; [OR] 04 (C) telephone use that does not carry a special charge; or 05 (D) storing or maintaining, consistent with (b) of this 06 section, election campaign records in a legislator's office so long as the 07 records are not displayed publicly. 08 * Sec. 5. AS 24.60.030(c) is repealed and reenacted to read: 09 (c) Unless approved by the committee, during a campaign period for an 10 election in which the legislator or legislative employee is a candidate, a legislator or 11 legislative employee may not use or permit another to use state funds, other than funds 12 to which the legislator is entitled as an office allowance, to print or distribute a 13 political mass mailing to individuals eligible to vote for the candidate. In this 14 subsection, 15 (1) a "campaign period" is the period that 16 (A) begins 90 days before the date of an election to the board 17 of an electric or telephone cooperative organized under AS 10.25, a municipal 18 election, or a primary election, or that begins on the date of the governor's 19 proclamation calling a special election; and 20 (B) ends the day after the cooperative election, municipal 21 election, or general or special election; 22 (2) a mass mailing is considered to be political if it is from or about 23 a legislator, legislative employee, or another person who is a candidate for election or 24 reelection to the legislature or another federal, state, or municipal office or to the board 25 of an electric or telephone cooperative. 26 * Sec. 6. AS 24.60.030(d) is amended to read: 27 (d) A legislator, legislative employee, or another person on behalf of the 28 legislator or legislative employee, or a campaign committee of the legislator or 29 legislative employee, may not distribute or post campaign literature, placards, posters, 30 fund-raising notices, or other communications intended to influence the election of 31 a candidate in an election in public areas in a facility ordinarily used to conduct state
01 government business. This prohibition applies whether or not the election has been 02 concluded. However, a legislator may post, in the legislator's private office, 03 communications related to an election that has been concluded. 04 * Sec. 7. AS 24.60.030(f) is amended to read: 05 (f) A legislative employee may not serve in a position that requires 06 confirmation by the legislature. A legislator or legislative employee may serve on a 07 board of an organization, including a governmental entity, that regularly has a 08 substantial interest in the legislative activities of the legislator or employee [,] if the 09 legislator or employee discloses the board membership to the committee. A legislator 10 or legislative employee who is required to make a disclosure under this subsection 11 shall file the disclosure with the committee by the deadlines set out in 12 AS 24.60.105 stating the name of each organization on whose board the person 13 serves. The committee shall maintain a public record of the disclosure and 14 forward the disclosure to the appropriate house for inclusion in the journal. This 15 subsection does not require a legislator or legislative employee who is appointed 16 to a board by the presiding officer to make a disclosure of the appointment to the 17 committee if the appointment has been published in the appropriate legislative 18 journal during the calendar year. 19 * Sec. 8. AS 24.60.030(g) is repealed and reenacted to read: 20 (g) A legislator or legislative employee who has a substantial financial interest 21 that may be affected by official action may not take official action on the matter unless 22 the financial interest has been disclosed as required by this subsection. In the case of 23 a matter that is before a legislative committee or a house of the legislature, the 24 legislator or legislative employee shall orally disclose the financial interest to the 25 legislative committee or to the legislative house, as appropriate. The disclosure must 26 be reported in the journal or in the committee minutes, as appropriate. In the case of 27 a matter that is not before a legislative committee or a house of the legislature, the 28 legislator or legislative employee shall disclose the financial interest to the ethics 29 committee in writing, to be received by the committee within seven days after the 30 legislator or legislative employee takes the action. This written disclosure is a public 31 document. The committee shall promptly forward the disclosure to the clerk of the
01 house or the senate secretary for publication in the journal. A disclosure under this 02 subsection, whether written or oral, must include the nature of the financial interest and 03 a short description of how the action taken affects the interest. In this subsection, 04 (1) "financial interest" includes 05 (A) an equity or ownership interest in a business, investment, 06 real property, lease, or other enterprise if the effect of the action on that interest 07 is greater than the effect on a substantial class of persons to which the 08 legislator or legislative employee belongs as a member of a profession, 09 occupation, industry, or region; 10 (B) an interest based on employment of the legislator or 11 legislative employee or the spouse, spousal equivalent, or dependent child of 12 the legislator or legislative employee; 13 (C) an interest based on a contract, including a personal services 14 contract, in which the legislator or legislative employee or the spouse, spousal 15 equivalent, or dependent child of the legislator or legislative employee is 16 entitled to receive a benefit from a business or other entity; 17 (D) an interest created by membership on the board of directors 18 of a corporation regardless of whether the effect of the action on that interest 19 is greater than the effect on a substantial class of persons to which the 20 legislator or legislative employee belongs as a member of a profession, 21 occupation, industry, or region; 22 (2) "official action" includes legislative, administrative, and political 23 action. 24 * Sec. 9. AS 24.60.030 is amended by adding a new subsection to read: 25 (h) In this section, when determining whether an employee is considered to be 26 performing a task on government time, the committee shall consider the employee's 27 work schedule as set by the employee's immediate supervisor. An employee who 28 engages in political campaign activities other than incidental campaign activities as 29 described in this subsection during the employee's work day shall take leave for the 30 period of campaigning. Political campaign activities while on government time are 31 permissible if the activities are part of the normal legislative duties of the employee,
01 including answering telephone calls and handling incoming correspondence. 02 * Sec. 10. AS 24.60.031(a) is amended to read: 03 (a) A legislator or legislative employee may not 04 (1) on a day when either house of [WHILE] the legislature is in 05 regular or special session, solicit or accept a contribution or a promise or pledge to 06 make a contribution for a state legislative campaign; 07 (2) accept money from an event held on a day when either house of 08 the legislature is in regular or special [DURING A LEGISLATIVE] session if a 09 substantial purpose of the event is [EITHER] to raise money on behalf of the member 10 or legislative employee for [CAMPAIGN PURPOSES OR TO RAISE MONEY FOR] 11 state legislative political purposes; or 12 (3) expend money in a state legislative campaign that was raised by or 13 on behalf of a legislator on a day when either house of the legislature was in 14 [DURING] a legislative session under a declaration of candidacy or a general letter 15 of intent to become a candidate for public office. 16 * Sec. 11. AS 24.60.039 is amended by adding a new subsection to read: 17 (b) If a person files a complaint with the committee under AS 24.60.170 18 alleging a violation of this section, the committee may refer the complainant to the 19 State Commission for Human Rights and may defer its consideration of the complaint 20 until after the complainant establishes to the satisfaction of the committee that the 21 commission has completed its proceedings in the matter. 22 * Sec. 12. AS 24.60.040(a) is amended to read: 23 (a) A legislator or legislative employee, or a member of the immediate family 24 of a legislator or legislative employee, may not be a party to or have an interest in a 25 state contract or lease unless the contract or lease is let [THROUGH COMPETITIVE 26 SEALED BIDDING] under AS 36.30 (State Procurement Code) or, for agencies that 27 are not subject to AS 36.30, under similar procedures, or the total annual amount 28 of the state contract or lease is $5,000 [$1,000] or less, or is a standardized contract 29 or lease that was developed under publicly established guidelines and is generally 30 available to the public at large, members of a profession, occupation, or group. A 31 person has an interest in a state contract or lease under this section if the person
01 receives direct or indirect financial benefits. A legislator or legislative employee who 02 participates in, or who knows or reasonably should know that a family member 03 is participating in, a state contract or lease that has an annual value of $5,000 or 04 more shall disclose the participation to the committee by the date required under 05 AS 24.60.105. The legislator or legislative employee shall also disclose the 06 renegotiation of a state contract or lease if the original had to be disclosed under 07 this section or if, as a result of renegotiation, disclosure is required under this 08 section. The disclosure must state the amount of the contract or lease and the 09 name of the state agency issuing the contract or lease and must identify the 10 procedures under which the contract or lease was issued. If the disclosure 11 concerns a contract or lease in which a family member of the discloser is 12 participating, the disclosure must identify the relationship between the participant 13 and the discloser. 14 * Sec. 13. AS 24.60.040 is amended by adding a new subsection to read: 15 (c) This section does not apply to a contract or lease issued under a state 16 program or loan that is subject to AS 24.60.050. A grant that results in a contract but 17 that is not subject to AS 24.60.050 is subject to this section. 18 * Sec. 14. AS 24.60.050(c) is amended to read: 19 (c) A legislator or legislative employee who participates in a program or 20 receives a loan that is not exempt from disclosure under (a) of this section shall file 21 a written report with the committee by the date required under AS 24.60.105 22 [FEBRUARY 15 OF EACH YEAR] stating the amounts of the loans outstanding or 23 benefits received during the preceding calendar year from nonqualifying programs. If 24 the committee requests additional information necessary to determine the propriety of 25 participating in the program or receiving the loan, it shall be promptly provided. The 26 committee shall promptly compile a list of the statements indicating the loans and 27 programs and amounts and send it to the presiding officer of each house who shall 28 have it published in the supplemental journals within three weeks after [OF] the filing 29 date. A legislator or legislative employee who believes that disclosure of 30 participation in a program would be an invasion of the participant's right to 31 privacy under the state constitution may request the committee to keep the
01 disclosure confidential. If the committee finds that publication would constitute 02 an invasion of privacy, the committee shall publish only the fact that a person has 03 participated in the program and the amount of benefit that the unnamed person 04 received. The committee shall maintain the disclosure of the name of the person 05 as confidential and may only use the disclosure in a proceeding under 06 AS 24.60.170. If the disclosure becomes part of the record of a proceeding under 07 AS 24.60.170, the disclosure may be made public as provided in that section. 08 * Sec. 15. AS 24.60.060 is amended by adding a new subsection to read: 09 (b) A legislator or legislative employee who is the subject of a complaint 10 under AS 24.60.170 violates this section if the legislator or legislative employee 11 violates a protective order issued under AS 24.60.170(i). 12 * Sec. 16. AS 24.60.070(b) is amended to read: 13 (b) A legislator or legislative employee required to make a disclosure 14 under this section shall make a disclosure by the date set under AS 24.60.105 of 15 the legislator's or legislative employee's close economic associations then in 16 existence. A disclosure under this section must be sufficiently detailed that a reader 17 of the disclosure can ascertain the nature of the association. 18 * Sec. 17. AS 24.60.070 is amended by adding a new subsection to read: 19 (d) When making a disclosure under (a) of this section concerning a 20 relationship with a lobbyist to whom the legislator or legislative employee is married 21 or who is the legislator's or legislative employee's spousal equivalent, the legislator 22 or legislative employee shall also disclose the name and address of each employer of 23 the lobbyist and the total monetary value received from the lobbyist's employer. The 24 legislator or legislative employee shall report changes in the employer of the spouse 25 or spousal equivalent within 48 hours after the change. In this subsection, "employer 26 of the lobbyist" means the person from whom the lobbyist received amounts or things 27 of value for engaging in lobbying on behalf of the person. 28 * Sec. 18. AS 24.60.080(a) is amended to read: 29 (a) Except as otherwise provided in this section, a [A] legislator or 30 legislative employee may not solicit, accept, or receive, directly or indirectly, a gift 31 worth $250 [$100] or more, whether in the form of money, services, a loan, travel,
01 entertainment, hospitality, promise, or other form, or gifts from the same person worth 02 less than $250 [$100] that in a calendar year aggregate to $250 [$100] or more in 03 value. Except for food or beverage for immediate consumption, a legislator or 04 legislative employee [, AND] may not solicit, accept, or receive during a legislative 05 session a gift with any monetary value from a lobbyist or a person acting on behalf 06 of a lobbyist. 07 * Sec. 19. AS 24.60.080(c) is amended to read: 08 (c) Notwithstanding (a) of this section, it is not a violation of this section for 09 a legislator or legislative employee to accept 10 (1) hospitality, other than hospitality described in (4) of this subsection, 11 (A) with incidental transportation at the residence of a person; 12 however, a vacation home located outside the state is not considered a 13 residence for the purposes of this subparagraph; or 14 (B) at a social event or meal; 15 (2) discounts that are available 16 (A) generally to the public or to a large class of persons to 17 which the person belongs; or 18 (B) when on official state business, but only if receipt of the 19 discount benefits the state; 20 (3) food or foodstuffs indigenous to the state that are shared generally 21 as a cultural or social norm; 22 (4) travel and hospitality primarily for the purpose of obtaining 23 information on matters of legislative concern; 24 (5) gifts from the immediate family of the person; [OR] 25 (6) gifts that are not connected with the recipient's legislative status; 26 or 27 (7) a discount for all or part of a legislative session, including time 28 immediately preceding or following the session, or other gift to welcome a 29 legislator or legislative employee who is employed on the personal staff of a 30 legislator or by a standing or special committee to the capital city or in 31 recognition of the beginning of a legislative session if the gift or discount is
01 available generally to all legislators and the personal staff of legislators and staff 02 of standing and special committees; this paragraph does not apply to legislative 03 employees who are employed by the Legislative Affairs Agency, the office of the 04 chief clerk, the office of the senate secretary, the legislative budget and audit 05 committee, or the office of the ombudsman. 06 * Sec. 20. AS 24.60.080(d) is amended to read: 07 (d) A legislator or legislative employee who accepts a gift under (c)(4) [OR 08 (6)] of this section shall disclose the gift if it has a value of $250 [$100] or more; the 09 [. THE] disclosure must include the name and occupation of the person making the 10 gift, [AND] the approximate value of the gift, and [. A GIFT UNDER (c)(4) OF 11 THIS SECTION REQUIRED TO BE DISCLOSED UNDER THIS SUBSECTION] 12 shall be disclosed to the committee within 30 days after [OF] the receipt of the gift. 13 Except as provided in (i) of this section, a gift [TO THE COMMITTEE. GIFTS] 14 under (c)(6) of this section that has a value of $250 or more shall be disclosed to the 15 committee annually on or before February 15 [APRIL 15] of the following calendar 16 year; the [AND THE] disclosure needs to include only a description of the gift and 17 the identity of the donor [THE VALUE ONLY IF THE VALUE OF THE GIFT 18 EXCEEDS $250]. The committee shall maintain a public record of the disclosure it 19 receives relating to gifts under (c)(4) of this section and shall forward the disclosure 20 to the appropriate house for inclusion in the journal. Disclosures relating to gifts under 21 (c)(6) of this section shall be maintained, but are confidential and may only be used 22 by the committee and its employees and contractors in the investigation of a possible 23 violation of this section or in a proceeding under AS 24.60.170. If the disclosures 24 become part of the record of a proceeding under AS 24.60.170, the confidentiality 25 provisions of that section apply to the disclosures. The committee shall forward 26 copies of the disclosures it receives from legislators concerning gifts under (c)(4) 27 of this section to the Alaska Public Offices Commission. 28 * Sec. 21. AS 24.60.080(e) is amended to read: 29 (e) A political contribution [THAT IS REPORTED UNDER AS 15.13.040] is 30 not a gift under this section if it is reported under AS 15.13.040 or is exempt from 31 the reporting requirement under AS 15.13.040(g).
01 * Sec. 22. AS 24.60.080(f) is amended to read: 02 (f) Notwithstanding (a) of this section, a legislator or legislative employee may 03 accept a gift of property worth $250 [$100] or more, other than money, from a foreign 04 government or from the government of the United States or another state or from 05 an official of a foreign government or of the government of the United States or 06 another state if the person accepts the gift on behalf of the legislature. The person 07 shall, within 60 days after [OF] receiving the gift, deliver the gift to the legislative 08 council, which shall determine the appropriate disposition of the gift. 09 * Sec. 23. AS 24.60.080(g) is amended to read: 10 (g) In this section, "immediate family" or "family member" means 11 (1) the spouse of the person; 12 (2) the person's spousal equivalent; 13 (3) a child, including a stepchild and an adoptive child, of the 14 person or of the person's spousal equivalent; 15 (4) a parent, sibling, grandparent, aunt, or uncle of the person; and 16 (5) a parent, sibling, grandparent, aunt, or uncle of the person's 17 spouse or the person's spousal equivalent [HAS THE MEANING GIVEN IN 18 AS 24.60.990(a)(5) AND INCLUDES THE GRANDPARENTS, AUNTS, AND 19 UNCLES OF A PERSON, AND ALSO INCLUDES A PERSON DESCRIBED IN 20 THIS SUBSECTION OR AS 24.60.990(a)(5) WHO IS RELATED TO THE PERSON 21 BY MARRIAGE]. 22 * Sec. 24. AS 24.60.080 is amended by adding new subsections to read: 23 (h) Notwithstanding (a) of this section, a legislator or legislative employee may 24 solicit, accept, or receive a gift on behalf of a recognized, nonpolitical charitable 25 organization in accordance with guidelines adopted by the committee. 26 (i) A legislator or legislative employee who receives an inheritance worth $250 27 or more from a person other than a family member shall disclose the fact of the receipt 28 of an inheritance and the identity of the decedent to the committee by the deadline set 29 out in AS 24.60.105. The committee shall maintain a public record of the disclosure. 30 This subsection does not require disclosure of the value of the inheritance. 31 (j) A legislator, a legislative committee other than the Select Committee on
01 Legislative Ethics, or a legislative agency may accept (1) a gift of volunteer services 02 for legislative purposes so long as the person making the gift of services is not 03 receiving compensation from another source for the services or (2) a gift of the 04 services of a trainee who is participating in an educational program approved by the 05 committee if the services are used for legislative purposes. The committee shall 06 approve training under a program of the University of Alaska and training under 29 07 U.S.C. 1501 - 1792b (Job Training Partnership Act). A legislative volunteer or 08 educational trainee shall be considered to be a legislative employee for purposes of 09 compliance with AS 24.60.030 - 24.60.039, 24.60.060, 24.60.080, 24.60.085, 24.60.158 10 - 24.60.170, 24.60.176, and 24.60.178. If a person believes that a legislative volunteer 11 or educational trainee has violated the provisions of one of those sections, the person 12 may file a complaint under AS 24.60.170. The provisions of AS 24.60.170 apply to 13 the proceeding. This subsection does not permit a legislator or legislative employee 14 to accept a gift of services for nonlegislative purposes. 15 (k) A legislator or legislative employee who knows or reasonably should know 16 that a family member has received a gift because of the family member's connection 17 with the legislator or legislative employee shall report the receipt of the gift by the 18 family member to the committee if the gift would have to be reported under this 19 section if it had been received by the legislator or legislative employee or if receipt of 20 the gift by a legislator or legislative employee would be prohibited under this section. 21 (l) In this section, the value of a gift shall be determined by the fair market 22 value of the gift to the extent that the fair market value can be determined. 23 * Sec. 25. AS 24.60.085(a) is amended to read: 24 (a) A legislator or legislative employee may not 25 (1) seek or accept compensation for personal services that is 26 significantly greater than the value of [INVOLVES PAYMENTS THAT ARE NOT 27 COMMENSURATE WITH] the services rendered taking into account the higher rates 28 generally charged by specialists in a profession; or 29 (2) accept a payment of anything of value, except for actual and 30 necessarily incurred travel expenses, for an appearance or speech by the legislator or 31 legislative employee; this paragraph does not apply to the salary paid to a legislator
01 or legislative employee for making an appearance or speech as part of the legislator's 02 or legislative employee's normal course of employment. 03 * Sec. 26. AS 24.60.100 is amended to read: 04 Sec. 24.60.100. Representation. A legislator or legislative employee who 05 represents another person for compensation before an agency, board, or commission 06 of the state shall disclose the name of the person represented, the subject matter of the 07 representation, and the body before which the representation is to take place to the 08 committee. The disclosure shall be made by the deadlines set out in AS 24.60.105. 09 The committee shall maintain a public record of a [THE] disclosure under this section 10 and forward the disclosure to the respective house for inclusion in the journal. A 11 legislator or legislative employee may not represent another person for compensation 12 before an agency, committee, or other entity of the legislative branch. 13 * Sec. 27. AS 24.60 is amended by adding a new section to read: 14 Sec. 24.60.105. Deadlines for filing disclosures. (a) When a legislator or 15 legislative employee is required to file a disclosure under this chapter and a date by 16 which the disclosure must be filed is not otherwise set by statute, the deadlines set out 17 in this section shall apply. For disclosure of a matter or an interest that began or was 18 acquired during the interim between regular legislative sessions, whether or not the 19 regular session is extended or there is a special session, or during the last 30 days of 20 a regular session, the legislator or legislative employee shall disclose the matter by 21 February 15. For disclosure of a matter or an interest that began or was acquired 22 during a regular legislative session, but not during the last 30 days of the regular 23 session, the disclosure must be made within 30 days after the commencement of the 24 interest or representation. 25 (b) Disclosures under the following statutes are subject to the deadlines set out 26 in this section: 27 (1) service on the board of an organization as set out in 28 AS 24.60.030(f); 29 (2) an interest in a state contract or lease under AS 24.60.040 and the 30 renegotiation of the terms of a state contract or lease that materially affect the 31 obligations of either party;
01 (3) participation in a state program or receipt of a state loan under 02 AS 24.60.050 and the renegotiation of the terms of the program or loan if the 03 renegotiation materially affects the obligations of either party; 04 (4) formation or maintenance of a close economic association under 05 AS 24.60.070; 06 (5) receipt of an inheritance under AS 24.60.080(i); 07 (6) representation of a client under AS 24.60.100. 08 * Sec. 28. AS 24.60.130(f) is amended to read: 09 (f) The committee may contract for professional services and may employ staff 10 as it considers necessary. A committee employee, including a person who provides 11 personal services under a contract with the committee, may not be a legislator, an 12 elected or appointed official of a state or local governmental entity, an officer of a 13 political party, a candidate for public office, or a registered lobbyist. The legislative 14 council shall provide office space, equipment, and additional staff support for the 15 committee. The committee shall submit a budget for each fiscal year to the finance 16 committees of the legislature and shall annually submit an estimated budget to the 17 governor for information purposes in preparation of the state operating budget. Public 18 members of the committee serve without compensation for their services, but are 19 entitled to per diem and travel expenses authorized for boards and commissions 20 under AS 39.20.180. 21 * Sec. 29. AS 24.60.130(h) is amended to read: 22 (h) A member is disqualified from participating as a member in any 23 proceeding before the committee involving a complaint against the member or an 24 employee whose work is supervised by the member or an advisory opinion 25 requested by the member. If a regular legislative member of the committee is 26 disqualified under this subsection from participating in a proceeding involving a 27 complaint, an alternate shall be appointed under (o) of this section [THE 28 LEGISLATURE IS IN SESSION WHEN A LEGISLATIVE MEMBER IS 29 DISQUALIFIED UNDER THIS SUBSECTION, THE PRESIDING OFFICER OF 30 THAT MEMBER'S HOUSE SHALL, WITH THE CONCURRENCE BY ROLL 31 CALL VOTE OF TWO-THIRDS OF THE FULL MEMBERSHIP OF THAT HOUSE,
01 APPOINT ANOTHER MEMBER FROM THAT HOUSE TO ACT AS A MEMBER 02 OF THE COMMITTEE IN THE PROCEEDING. IF THE LEGISLATURE IS NOT 03 IN SESSION WHEN A LEGISLATIVE MEMBER IS DISQUALIFIED, THE 04 PRESIDING OFFICER OF THE HOUSE OF WHICH THE DISQUALIFIED 05 LEGISLATOR IS A MEMBER SHALL APPOINT ANOTHER MEMBER FROM 06 THAT HOUSE, WITH A RECORDED CONCURRENCE OF A MAJORITY VOTE 07 OF THE SUBCOMMITTEE OF THAT HOUSE, TO ACT AS A MEMBER OF THE 08 COMMITTEE IN THE PROCEEDING]. 09 * Sec. 30. AS 24.60.130 is amended by adding a new subsection to read: 10 (o) When appointing members of the legislature to serve on the committee, the 11 speaker of the house or the president of the senate, as appropriate, shall appoint an 12 alternate member for each regular member. An alternate must have the same 13 qualifications as the regular member for whom the alternate stands as alternate and is 14 subject to confirmation as required for the regular member. If a regular legislative 15 member of the committee or a subcommittee is disqualified under (h) of this section 16 from serving on the committee or the subcommittee concerning a proceeding under 17 AS 24.60.170, the chair of the committee or a subcommittee shall designate the regular 18 member's alternate to serve in place of the regular member in the proceeding unless 19 the alternate is also disqualified from serving. The designation shall be treated as 20 confidential to the same extent that the identity of the subject of a complaint is 21 required to be kept confidential. 22 * Sec. 31. AS 24.60.134(a) is amended to read: 23 (a) Except as provided in (c) of this section, in [IN] addition to complying 24 with the requirements of this chapter, a public member of the committee, an employee 25 of the committee, or a person under contract to provide personal services to the 26 committee may not, during the person's term of office or employment or during 27 the life of the contract, participate in 28 (1) [PARTICIPATE IN] political management or in a political 29 campaign for a candidate for election to federal, state, or local office, regardless 30 of whether the campaign is partisan or nonpartisan, or for passage or defeat of 31 a ballot measure of any type [DURING THE PERSON'S TERM OF OFFICE,
01 EMPLOYMENT, OR CONTRACT]; 02 (2) [PARTICIPATE IN] the campaign of, attend campaign fund-raising 03 events for, or make a financial contribution to 04 (A) a candidate for the legislature; 05 (B) an incumbent legislator or legislative employee who is a 06 candidate for another public office; or 07 (C) a person running for another office against an incumbent 08 legislator or legislative employee; [OR] 09 (3) a fund-raising event held on behalf of a political party or attend 10 a political party fund-raising event; or 11 (4) [PARTICIPATE IN] lobbying activities that would require the 12 person to register as a lobbyist except as required to inform the legislature concerning 13 legislation requested by the committee or other matters related to the committee. 14 * Sec. 32. AS 24.60.134 is amended by adding a new subsection to read: 15 (c) 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. 33. AS 24.60.150(b) is amended to read: 23 (b) The committee may 24 (1) recommend [LEGISLATION] to the legislature legislation that the 25 committee considers desirable or necessary to promote and maintain high standards of 26 ethical conduct in 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; the committee may not penalize a person who 02 reasonably relies on a guideline adopted by the committee for having violated a 03 conflicting provision of this chapter. 04 * Sec. 34. AS 24.60.160 is amended to read: 05 Sec. 24.60.160. Advisory opinions. (a) On the request of a person to 06 whom this chapter applies or who has been newly elected to the legislature, the 07 [THE] committee shall issue an advisory opinion within 60 [30] days [ON THE 08 REQUEST OF A PERSON TO WHOM THE CHAPTER APPLIES OR A PERSON 09 ELECTED TO THE LEGISLATURE WHO AT THE TIME OF ELECTION IS NOT 10 A MEMBER OF THE LEGISLATURE] as to whether the facts and circumstances of 11 a particular case constitute a violation of ethical standards. If it finds that it is 12 advisable to do so, the committee may issue an opinion under this section on the 13 request of a person who reasonably expects to become subject to this chapter 14 within the next 45 days. The 60-day [30-DAY] period for issuing an opinion may 15 be extended by the committee if the person requesting the opinion consents. 16 (b) An [THE] opinion issued under this section is binding on the committee 17 in any subsequent proceedings concerning the facts and circumstances of the particular 18 case unless material facts were omitted or misstated in the request for the advisory 19 opinion. Except as provided in this chapter, an advisory opinion is confidential but 20 shall be made public if a written request by the person who requested the opinion is 21 filed with the committee. A person who requested an opinion, including a 22 legislator, may not require admittance to an executive session of the committee 23 when it is deliberating concerning the advisory opinion. 24 * Sec. 35. AS 24.60.170(a) is amended to read: 25 (a) The committee shall consider a complaint alleging a violation of this 26 chapter if the alleged violation occurred within five years before [OF] the date that the 27 complaint is filed with the committee and, when the subject of the complaint is a 28 former member of the legislature, the complaint is filed within one year after [OF] the 29 subject's departure from the legislature. The committee may not consider a complaint 30 filed against all members of the legislature, against all members of one house of 31 the legislature, or against a person employed by the legislative branch of government
01 after the person has terminated legislative service. However, the committee may 02 reinstitute proceedings concerning a complaint that was closed because a former 03 employee terminated legislative service or because a legislator left the legislature 04 if the former employee or legislator resumes legislative service, whether as an 05 employee or a legislator, within five years after the alleged violation. The 06 committee may also initiate complaints on its own motion, subject to the same time 07 limitations. The time limitations of this subsection do not bar proceedings against a 08 person who intentionally prevents discovery of a violation of this chapter. 09 * Sec. 36. AS 24.60.170(b) is amended to read: 10 (b) A complaint may be initiated by any person. The complaint must be in 11 writing and signed under oath by the person making the complaint and must contain 12 a statement that the complainant has reason to believe that a violation of this 13 chapter has occurred and describe any facts known to the complainant to support 14 that belief. The committee shall upon request provide a form for a complaint to a 15 person wishing to file a complaint. Upon receiving a complaint, the committee shall 16 advise the complainant that the committee or the subject of the complaint may 17 ask the complainant to testify at any stage of the proceeding as to the 18 complainant's belief that the subject of the complaint has violated this chapter. 19 The committee shall immediately provide a copy of the complaint to the person who 20 is the subject of the complaint. 21 * Sec. 37. AS 24.60.170(c) is amended to read: 22 (c) When the committee receives a complaint under (a) of this section, it may 23 assign the complaint to a staff person. The staff person shall conduct a 24 preliminary examination of the complaint and advise the committee whether the 25 allegations of the complaint, if true, constitute a violation of this chapter and 26 whether there is credible information to indicate that a further investigation and 27 proceeding is warranted. The staff recommendation shall be based on the 28 information and evidence contained in the complaint as supplemented by the 29 complainant and by the subject of the complaint, if requested to do so by the staff 30 member. The committee shall consider the recommendation of the staff member, 31 if any, and shall determine whether the allegations of the complaint, if true, constitute
01 a violation of this chapter. If the committee determines that the allegations, if proven, 02 would not give rise to a violation, that the complaint is frivolous on its face, that 03 there is insufficient credible information that can be uncovered to warrant further 04 investigation by the committee, or that [IF] the committee's lack of jurisdiction is 05 apparent on the face of the complaint, the committee shall dismiss the complaint [,] 06 and shall notify the complainant and the subject of the complaint of the dismissal. 07 The committee may ask the complainant to provide clarification or additional 08 information before it makes a decision under this subsection and may request 09 information concerning the matter from the subject of the complaint. Neither the 10 complainant nor the subject of a complaint is obligated to provide the 11 information. A proceeding conducted under this subsection, documents that are 12 part of a proceeding, and a dismissal under this subsection are confidential as 13 provided in (l) of this section unless the subject of the complaint waives 14 confidentiality as provided in that subsection. 15 * Sec. 38. AS 24.60.170(f) is amended to read: 16 (f) If the committee determines after investigation that there is not probable 17 cause to believe that the subject of the complaint has violated this chapter, the 18 committee shall dismiss the complaint. The committee may also dismiss portions of 19 a complaint if it finds no probable cause to believe that the subject of the complaint 20 has violated this chapter as alleged in those portions. The committee shall issue a 21 decision explaining its dismissal. Committee deliberations and vote on the 22 dismissal order and decision are not open to the public or to the subject of the 23 complaint. A copy of the dismissal order and decision shall be sent to the 24 complainant and to the subject of the complaint. Notwithstanding (l) of this section, 25 a dismissal order and decision is open to inspection and copying by the public. 26 * Sec. 39. AS 24.60.170(g) is amended to read: 27 (g) If the committee investigation determines that a probable violation of this 28 chapter exists that may be corrected by action of the subject of the complaint and that 29 does not warrant sanctions other than correction, the committee may issue an opinion 30 recommending corrective action. This opinion shall be provided to the complainant 31 and to the subject of the complaint, and is open to inspection by the public. The
01 subject of the complaint may comply with the opinion or may request a hearing before 02 the committee under (j) of this section. After the hearing, the committee may amend 03 or affirm the opinion. If the subject of the complaint agrees to comply with the 04 opinion but later fails to complete the corrective action in a timely manner, the 05 committee may formally charge the person as provided in (h) of this section or 06 may refer the matter to the appropriate house of the legislature, in the case of a 07 legislator, or, in the case of a legislative employee, to the employee's appointing 08 authority. The appropriate house of the legislature or the appointing authority, 09 as appropriate, may take action to enforce the corrective action or may decline 10 to take action and refer the matter to the committee. In either case, the 11 committee may formally charge the person under (h) of this section. 12 * Sec. 40. AS 24.60.170(h) is amended to read: 13 (h) If the subject of a complaint fails to comply with an opinion and the 14 committee decides [ISSUED] under (g) of this section to charge the person, or if the 15 committee determines after investigation that there is probable cause to believe that the 16 subject of the complaint has committed a violation of this chapter that may require 17 sanctions instead of or in addition to corrective action, the committee shall formally 18 charge the person. The charge shall be served on the person charged, in a manner 19 consistent with the service of summons under the rules of civil procedure, and a copy 20 of the charge shall be sent to the complainant. The person charged may file a 21 responsive pleading to the committee admitting or denying some or all of the 22 allegations of the charge. 23 * Sec. 41. AS 24.60.170(i) is amended to read: 24 (i) A person charged under (h) [(b)] of this section may engage in discovery 25 in a manner consistent with the Alaska Rules of Civil Procedure. The committee may 26 adopt procedures that 27 (1) impose reasonable restrictions on the time for this discovery and on 28 the materials that may be discovered; 29 (2) permit a person who is the subject of a complaint to engage in 30 discovery at an earlier stage of the proceedings; 31 (3) impose reasonable restrictions on the release of information that
01 the subject of a complaint acquires from the committee in the course of discovery, 02 or on information obtained by use of the committee's authority, in order to 03 protect the privacy of persons not under investigation to whom the information 04 pertains. 05 * Sec. 42. AS 24.60.170(l) is amended to read: 06 (l) Proceedings of the committee relating to complaints before it are 07 confidential until the committee determines that there is probable cause to believe that 08 a violation of this chapter has occurred. The complaint and all documents produced 09 or disclosed as a result of the committee investigation are confidential and not subject 10 to inspection by the public. If in the course of an investigation or probable cause 11 determination the committee finds evidence of probable criminal activity, the 12 committee shall transmit a statement and factual findings limited to that activity to the 13 appropriate law enforcement agency. If the committee finds evidence of a probable 14 violation of AS 15.13, the committee shall transmit a statement to that effect and 15 factual findings limited to the probable violation to the Alaska Public Offices 16 Commission. All meetings of the committee before the determination of probable 17 cause are closed to the public and to legislators who are not members of the 18 committee. However, the committee may permit the subject of the complaint to 19 attend a meeting other than the deliberations on probable cause. The 20 confidentiality provisions of this subsection may be waived by the subject of the 21 complaint, except that the subject of the complaint may not waive the 22 confidentiality duty the committee owes to others and may not require the 23 committee to deliberate in public. 24 * Sec. 43. AS 24.60.174(a) is amended to read: 25 (a) If the person found to have violated this chapter is or was a member of the 26 legislature, the committee's recommendations shall be forwarded by the chair of the 27 committee to the presiding officer of the appropriate house of the legislature. If the 28 committee recommends sanctions other than expulsion from the legislature, the 29 committee recommendation 30 (1) must include a suggested timetable for the compliance reports 31 required under (e) of this section, if any; and
01 (2) may include recommended fines that the legislature may impose 02 if the legislator who was found to have violated this chapter does not comply with 03 the sanctions imposed by the legislature in a timely manner. 04 * Sec. 44. AS 24.60.174 is amended by adding a new subsection to read: 05 (e) When a house of the legislature imposes a sanction other than expulsion 06 on a member or former member, it shall advise the committee at the time of imposing 07 the sanction of the terms it has imposed and of the timetable for compliance adopted 08 with the sanctions. A legislator or former legislator on whom sanctions other than 09 expulsion have been imposed shall report to the committee as required by the 10 timetable. If the committee determines that the legislator or former legislator has not 11 complied fully and in a timely manner with the sanctions imposed by the legislature, 12 the committee may recommend that the legislature impose a fine or additional 13 sanctions. 14 * Sec. 45. AS 24.60.176 is amended to read: 15 Sec. 24.60.176. Recommendations where violator is a legislative employee. 16 If the person found to have violated this chapter is or was a legislative employee, the 17 committee's recommendations shall be forwarded to the appropriate appointing 18 authority which shall, as soon as is reasonably possible, determine the sanctions, if 19 any, to be imposed. The appointing authority may not question the committee's 20 findings of fact. The appointing authority shall assume the validity of the committee's 21 findings [,] and determine and impose the appropriate sanctions. The appointing 22 authority has the power to impose a sanction recommended by the committee or 23 to impose a different sanction. The appointing authority shall enforce the 24 sanction and shall report to the committee at a time specified by the committee 25 concerning the employee's compliance with the sanction. 26 * Sec. 46. AS 24.60.176 is amended by adding a new subsection to read: 27 (b) In this section, "appointing authority" means 28 (1) the legislative council for employees of the Legislative Affairs 29 Agency and of the legislative council and for legislative employees not otherwise 30 covered under this subsection; 31 (2) the Legislative Budget and Audit Committee for the legislative
01 fiscal analyst and employees of the division of legislative finance, the legislative 02 auditor and employees of the division of legislative audit, and employees of the 03 Legislative Budget and Audit Committee; 04 (3) the appropriate finance committee for employees of the senate or 05 house finance committees; 06 (4) the appropriate rules committee for employees of standing 07 committees of the legislature, other than the finance committees, and employees of the 08 senate secretary's office and the office of the chief clerk of the house of 09 representatives; 10 (5) the legislator who made the hiring decision for employees of 11 individual legislators; however, the legislator may request the appropriate rules 12 committee to act in the legislator's stead; 13 (6) the ombudsman for employees of the office of the ombudsman, 14 other than the ombudsman; 15 (7) the legislature for the ombudsman. 16 * Sec. 47. AS 24.60 is amended by adding a new section to read: 17 Sec. 24.60.178. Recommended sanctions. (a) When the committee finds that 18 a person has violated this chapter, the committee may recommend appropriate 19 sanctions, including sanctions set out in (b) of this section. 20 (b) The sanctions that the committee may recommend include 21 (1) imposition of a civil penalty of not more than $5,000 for each 22 offense or twice the amount improperly gained, whichever is greater; 23 (2) divestiture of specified assets or withdrawal from specified 24 associations; 25 (3) additional, detailed disclosure, either as a public disclosure or as a 26 confidential disclosure to the committee; 27 (4) in the case of a legislative employee, suspension of employment 28 with or without pay for a stated period of time or until stated conditions are met, or 29 termination from legislative employment; 30 (5) restitution of property or reimbursement of improperly received 31 benefits;
01 (6) public or private written reprimand; 02 (7) censure, including, in the case of a legislator, removal from a 03 leadership position or committee membership and a determination that the legislator 04 will not be appointed to serve in a leadership position or on a committee during the 05 remainder of that legislature; 06 (8) placing the person on probationary status; 07 (9) in the case of a legislator, expulsion from the house of the 08 legislature; 09 (10) any other appropriate measure. 10 (c) In addition to or in place of a sanction recommended under (b) of this 11 section, the committee may recommend that the subject of a complaint be required to 12 pay all or a portion of the costs related to the investigation and adjudication of a 13 complaint. 14 * Sec. 48. AS 24.60.200 is amended to read: 15 Sec. 24.60.200. Financial disclosure by legislators, [AND] legislative 16 directors, public members of the committee, and certain legislative employees. A 17 legislator, [AND A] legislative director, public member of the committee and 18 legislative employee who is required to disclose shall file a disclosure statement, 19 under oath and on penalty of perjury, with the Alaska Public Offices Commission 20 giving the following information about the income received by the person filing the 21 disclosure, the person's spouse or spousal equivalent, the person's [THEM, THEIR 22 SPOUSES, THEIR] dependent children, and the person's [THEIR] nondependent 23 children who are living with the discloser [THEM]: 24 (1) the information that a public official is required to report under 25 AS 39.50.030; however, a person subject to disclosure requirements is not 26 required to report any gifts [, EXCEPT THAT SOURCES OF INCOME OTHER 27 THAN GIFTS OF $1,000 OR LESS, AND LOANS OF $1,000 OR LESS NEED NOT 28 BE REPORTED]; 29 (2) as to income in excess of $1,000 received as compensation for 30 personal services, the name and address of the source of the income, and a statement 31 describing the nature of the services performed; if the source of income is known or
01 reasonably should be known to have a substantial interest in legislative, administrative, 02 or political action and the recipient of the income is a person subject to disclosure 03 requirements [LEGISLATOR OR A LEGISLATIVE DIRECTOR], the amount of 04 income received from the source shall be disclosed; 05 (3) as to each loan or loan guarantee over $1,000 from a source with 06 a substantial interest in legislative, administrative, or political action, the name and 07 address of the person making the loan or guarantee, the amount of the loan, the terms 08 and conditions under which the loan or guarantee was given, the amount outstanding 09 at the time of filing, and whether or not a written loan agreement exists [; 10 (4) THE SOURCE OF A GIFT, OTHER THAN AN INHERITANCE, 11 RECEIVED DURING THE PRECEDING CALENDAR YEAR BY THE PERSON, 12 THE PERSON'S SPOUSE OR DEPENDENT CHILD, OR A NONDEPENDENT 13 CHILD OF THE PERSON WHO IS LIVING WITH THE PERSON, IF THE 14 AMOUNT OF THE GIFT EXCEEDS $100 AND IS RECEIVED FROM A PERSON 15 WHO IS NOT A MEMBER OF THE RECIPIENT'S FAMILY]. 16 * Sec. 49. AS 24.60.210 is amended to read: 17 Sec. 24.60.210. Deadlines for filing of disclosure statements. A person 18 subject to disclosure requirements [LEGISLATOR AND A LEGISLATIVE 19 DIRECTOR] shall file an annual report with the Alaska Public Offices Commission, 20 covering the previous calendar year, containing the disclosures required by 21 AS 24.60.200, on or before February [APRIL] 15 of each year. However, a 22 legislative employee who is required to disclose who was first appointed to a 23 position compensated at Range 19 or above on or after January 1 of the calendar 24 year in which the report is to be filed is required to file the report on or before 25 the 60th day after the employee was hired into the position. 26 * Sec. 50. AS 24.60.240 is amended to read: 27 Sec. 24.60.240. Civil penalty for late filing. A person subject to disclosure 28 requirements [LEGISLATOR OR A LEGISLATIVE DIRECTOR] who fails to file 29 a properly completed report under AS 24.60.200 is subject to a civil penalty of not 30 more than $10 a day for each day the delinquency continues as the Alaska Public 31 Offices Commission determines, subject to appeal to the superior court. An affidavit
01 stating facts in mitigation may be submitted to the Alaska Public Offices Commission 02 by the person against whom the civil penalty is assessed. However, the imposition of 03 the penalties prescribed in this section does not excuse the person from filing reports 04 required by AS 24.60.200. 05 * Sec. 51. AS 24.60.250 is amended to read: 06 Sec. 24.60.250. Effect of failure to file by legislative candidate. In addition 07 to the sanctions described in AS 24.60.260, if the Alaska Public Offices Commission 08 finds that a candidate for the legislature who is a person subject to disclosure 09 requirements [AN INCUMBENT LEGISLATOR OR A LEGISLATIVE DIRECTOR] 10 has failed or refused to file a report under AS 24.60.200 by a deadline established in 11 AS 24.60.210, it shall notify the lieutenant governor. The candidate shall forfeit 12 nomination to office and may not be seated in office. The lieutenant governor may 13 not certify the person's nomination for office or election to office, and nomination to 14 the office shall be certified as provided in AS 39.50.060(b). 15 * Sec. 52. AS 24.60.260(a) is amended to read: 16 (a) A person required to make a disclosure under this chapter may not 17 knowingly make a false or deliberately misleading or incomplete disclosure to the 18 committee or to the Alaska Public Offices Commission. A person who files [, OR 19 FILE] a disclosure after a deadline set by this chapter or by a regulation adopted by 20 the committee or by the Alaska Public Offices Commission has violated this chapter 21 and may be subject to imposition of a fine as provided in (c) of this section or 22 AS 24.60.240. 23 * Sec. 53. AS 24.60.260 is amended by adding a new subsection to read: 24 (c) The committee may impose a fine on a person who files a disclosure after 25 a deadline set by this chapter. The amount of the fine imposed under this subsection 26 may not exceed $2 for each day to a maximum of $100 for each disclosure for a late 27 disclosure. However, if the committee finds that a late filing was inadvertent, the 28 maximum fine the committee may impose under this subsection is $25. 29 * Sec. 54. AS 24.60.990(a)(5) is amended to read: 30 (5) "immediate family" means 31 (A) the spouse or spousal equivalent of the person; or
01 (B) a parent, child [, PARENTS, CHILDREN], including a 02 stepchild and an adoptive child, and sibling [SIBLINGS] of a person if the 03 parent, child, or sibling resides with the person, is financially dependent 04 on the person, or shares a substantial financial interest with the person; 05 * Sec. 55. AS 24.60.990(a) is amended by adding new paragraphs to read: 06 (15) "legislative employee who is required to disclose" means a 07 legislative employee, other than a legislator or a legislative director, who is 08 compensated at Range 19 or above of the state salary schedule under AS 39.27.011; 09 (16) "person subject to disclosure requirements" means a legislator, 10 legislative director, public member of the committee, or legislative employee who is 11 required to disclose; 12 (17) "spousal equivalent" means a person who is cohabiting with 13 another person in a relationship that is like a marriage but that is not a legal marriage. 14 * Sec. 56. AS 39.25.160 is amended by adding a new subsection to read: 15 (j) A state employee, whether in the classified, partially exempt, or exempt 16 service, may not campaign on behalf of a political candidate on government time. 17 This subsection does not prohibit the employees of the division of elections from 18 carrying out duties related to elections or the members and employees of the 19 commission on judicial conduct from carrying out duties relating to the evaluation of 20 justices and judges. 21 * Sec. 57. AS 39.50.020 is amended to read: 22 Sec. 39.50.020. Report of financial and business interests. (a) A public 23 official as defined in AS 39.50.200 other than the governor or the lieutenant 24 governor [JUDICIAL OFFICER, COMMISSIONER, CHAIR OR MEMBER OF A 25 STATE COMMISSION OR BOARD SPECIFIED IN AS 39.50.200(b), A PERSON 26 HIRED OR APPOINTED AS HEAD OR DEPUTY HEAD OF, OR DIRECTOR OF 27 A DIVISION WITHIN, A DEPARTMENT IN THE EXECUTIVE BRANCH, A 28 PERSON APPOINTED AS ASSISTANT TO THE GOVERNOR, A STATE 29 INVESTMENT OFFICER AND THE STATE COMPTROLLER IN THE 30 DEPARTMENT OF REVENUE, AND A MUNICIPAL OFFICER] shall file a 31 statement giving income sources and business interests, under oath and on penalty of
01 perjury, within 30 days after taking office as a public official. Candidates for state 02 elective office other than a candidate who is subject to AS 24.60 shall file the [SUCH 03 A] statement with the director of elections at the time of filing a declaration of 04 candidacy or a nominating petition [,] or [WITHIN 30 DAYS OF] becoming a 05 candidate by any other means. Candidates for elective municipal office shall file the 06 [SUCH A] statement at the time of filing a nominating petition, declaration of 07 candidacy, or other required filing for the elective municipal office. Refusal or failure 08 to file within the time prescribed shall require that the candidate's filing fees, if any, 09 and filing for office be refused or that a previously accepted filing fee be returned and 10 the candidate's name removed from the filing records. A statement shall also be filed 11 by public officials no later than April 15 or 15 days after the person files a federal 12 income tax return in each following year, whichever comes first. Persons who are 13 members of boards or commissions not named in AS 39.50.200(b) are not required to 14 file financial statements. 15 (b) A public official other than an elected or appointed municipal officer 16 [THE GOVERNOR, LIEUTENANT GOVERNOR, JUDICIAL OFFICERS, EACH 17 COMMISSIONER, HEAD OR DEPUTY HEAD OF, OR DIRECTOR OF A 18 DIVISION WITHIN, A DEPARTMENT IN THE EXECUTIVE BRANCH, 19 ASSISTANT TO THE GOVERNOR, STATE INVESTMENT OFFICERS AND THE 20 STATE COMPTROLLER IN THE DEPARTMENT OF REVENUE, OR CHAIR OR 21 MEMBER OF A COMMISSION OR BOARD REQUIRED TO REPORT UNDER 22 THIS CHAPTER,] shall file the statement with the Alaska Public Offices Commission. 23 Candidates for the office of governor and lieutenant governor and, if the candidate is 24 not subject to AS 24.60, the legislature shall file the statement under AS 15.25.030 or 25 15.25.180. Municipal officers, and candidates for elective municipal office, shall file 26 with the municipal clerk or other municipal official designated to receive their filing 27 for office. All statements required to be filed under this chapter are public records. 28 * Sec. 58. AS 39.50.030(a) is amended to read: 29 (a) Each statement must [SHALL] be an accurate representation of the 30 financial affairs of the public official or candidate and must [SHALL] contain the 31 same information for each member of the person's family, as specified in (b) of this
01 section, to the extent that it is ascertainable by the public official or candidate. [AN 02 ASSET OR LIABILITY UNDER $500, HOUSEHOLD GOODS, AND PERSONAL 03 EFFECTS NEED NOT BE IDENTIFIED.] 04 * Sec. 59. AS 39.50.030(b) is amended to read: 05 (b) Each statement filed by a public official or candidate under this chapter 06 must [SHALL] include the following: 07 (1) the source of all income over $1,000 [$100] during the preceding 08 calendar year, including taxable and nontaxable capital gains, received by the person, 09 the person's spouse or dependent child, or a nondependent child of the person who is 10 living with that person, except that a source of income that is a gift must be 11 included if the value of the gift exceeds $250; 12 (2) the identity, by name and address, of each business in which the 13 person, the person's spouse or dependent child, or a nondependent child of the person 14 who is living with that person was a stockholder, owner, officer, director, partner, 15 proprietor, or employee during the preceding calendar year; 16 (3) the identity and nature of each interest owned in any business 17 during the preceding calendar year by the person, the person's spouse or dependent 18 child, or a nondependent child of the person who is living with that person; 19 (4) the identity and nature of each interest in real property, including 20 an option to buy, owned at any time during the preceding calendar year by the person, 21 the person's spouse or dependent child, or a nondependent child of the person who is 22 living with that person; 23 (5) the identity of each trust or other fiduciary relation in which the 24 person, the person's spouse or dependent child, or a nondependent child of the person 25 who is living with that person held a beneficial interest exceeding $1,000 during the 26 preceding calendar year, a description and identification of the property contained in 27 each trust or relation, and the nature and extent of the beneficial interest in it; 28 (6) any loan or loan guarantee of more than $1,000 made to the 29 person, the person's spouse or dependent child, or a nondependent child of the person 30 who is living with that person, and the identity of the maker of the loan or loan 31 guarantor and the identity of each creditor to whom the person, the person's spouse or
01 dependent child, or a nondependent child of the person who lives with that person 02 owed more than $1,000; this paragraph requires disclosure of a loan, loan 03 guarantee, or indebtedness only if the loan or guarantee was made, or the 04 indebtedness incurred, during the preceding calendar year, or if the amount still 05 owing on the loan, loan guarantee, or indebtedness was more than $1,000 at any 06 time during the preceding calendar year [$500 OR MORE]; 07 (7) a list of all contracts and offers to contract with the state or an 08 instrumentality of the state during the preceding calendar year held, bid, or offered by 09 the person, the person's spouse or dependent child, a nondependent child of the person 10 who is living with that person, a partnership or professional corporation of which 11 the person is a member [THE PERSON'S MOTHER OR FATHER], or a corporation 12 in which the person or the person's spouse or children, or a combination of them, hold 13 a controlling interest; and 14 (8) a list of all mineral, timber, oil, or any other natural resource lease 15 held, or lease offer made, during the preceding calendar year by the person, the 16 person's spouse or dependent child, a nondependent child of the person who is living 17 with that person, [THE PERSON'S MOTHER OR FATHER,] a partnership or 18 professional corporation of which the person is a member, or a corporation in which 19 the person or the person's spouse or children, or a combination of them, holds a 20 controlling interest. 21 * Sec. 60. AS 39.50.070 is amended to read: 22 Sec. 39.50.070. Failure to report by certain state employees 23 [DEPARTMENT, DIVISION, OR DEPUTY DEPARTMENT HEADS]. A person 24 hired or appointed as the head or deputy head of, or director of a division within, a 25 department in the executive branch or another state employee subject to this chapter 26 who refuses or fails to file a report of financial interests required under this chapter 27 when due may not hold office, and the person's name may not be submitted to the 28 legislature for confirmation, until the person complies. The person may not be 29 confirmed, hired, or appointed, and the person forfeits and may not be paid any salary, 30 per diem, or travel expenses, until the person complies. If, after installation as the 31 head or deputy head of, or director of a division within, a department, or, for other
01 state employees, after beginning employment in the position subject to this 02 chapter, the person refuses or fails to file the required statement when due, the person 03 is guilty of a misdemeanor and upon conviction is punishable by a fine of not less than 04 $100 nor more than $1,000 and shall be removed from office if compliance is not 05 made within 30 days after the due date of the report. 06 * Sec. 61. AS 39.50.080 is amended to read: 07 Sec. 39.50.080. Failure to report by a commission or board chair 08 [CHAIRMAN] or member. A person hired or appointed as a commissioner, chair, 09 [CHAIRMAN] or member of a state commission or board specified in 10 AS 39.50.200(b), including the executive director of the Alaska Tourism Marketing 11 Council, who fails to file a report of financial interests required under this chapter 12 when due may not hold office, and the person's name may not be submitted to the 13 legislature until the person complies. The person may not be confirmed, and the 14 person forfeits and may not be paid any salary, per diem or travel expenses, until the 15 person complies. If, after being seated as commissioner, chair, [CHAIRMAN] or 16 member of the [SUCH A] commission or board the person refuses or fails to file the 17 required statement when due, the person is guilty of a misdemeanor and upon 18 conviction is punishable by a fine of not less than $100 nor more than $1,000 and 19 shall be removed from office if compliance is not made within 30 days after the due 20 date. 21 * Sec. 62. AS 39.50.200(a)(8) is amended to read: 22 (8) "public official" means a judicial officer, the governor, the 23 lieutenant governor, a person hired or appointed as the head or deputy head of [, OR 24 DIRECTOR OF A DIVISION,] a department in the executive branch or as the 25 director of a division in a department in the executive branch, [AN ASSISTANT 26 TO THE GOVERNOR,] chair or member of a state commission or board, [STATE 27 INVESTMENT OFFICERS AND THE STATE COMPTROLLER IN THE 28 DEPARTMENT OF REVENUE,] the executive director of the Alaska Tourism 29 Marketing Council, another state employee subject to this chapter, and each 30 appointed or elected municipal officer; 31 * Sec. 63. AS 39.50.200(a) is amended by adding a new paragraph to read:
01 (10) "another state employee subject to this chapter" 02 (A) means a state employee who is employed in a position in 03 the executive branch of state government in the exempt or partially exempt 04 service and who is compensated at Range 19 or above on the state salary 05 schedule under AS 39.27.011 or at more than $4,200 per month; and 06 (B) means an assistant to the governor, an assistant to the 07 lieutenant governor, a state investment officer, and the state comptroller in the 08 Department of Revenue; but 09 (C) does not include a state officer or employee who is 10 otherwise included in the definition of "public official" under this section; and 11 (D) does not include an employee who is a member of a 12 collective bargaining unit. 13 * Sec. 64. AS 39.52.010(a) is amended to read: 14 (a) It is declared that 15 (1) [THAT] high moral and ethical standards among public officers in 16 the executive branch are essential to assure the trust, respect, and confidence of the 17 people of this state; [TO THE CONDUCT OF FREE GOVERNMENT; AND] 18 (2) [THAT THE LEGISLATURE BELIEVES THAT] a code of ethics 19 for the guidance of public officers will 20 (A) discourage those officers from acting upon personal or 21 financial interests in the performance of their public responsibilities; 22 (B) [, WILL] improve standards of public service; and 23 (C) [, AND WILL] promote and strengthen the faith and 24 confidence of the people of this state in their public officers; 25 (3) [. IT IS FURTHER DECLARED THAT] holding public office or 26 employment is a public trust and that as one safeguard of that trust, the people require 27 public officers to adhere to a code of ethics; 28 (4) a fair and open government requires that executive branch 29 public officers conduct the public's business in a manner that preserves the 30 integrity of the governmental process and avoids conflicts of interest or even 31 appearances of conflicts of interest;
01 (5) in order for the rules governing conduct to be respected both 02 during and after leaving public service, the code of ethics must be administered 03 fairly without bias or favoritism; 04 (6) no code of conduct, however comprehensive, can anticipate all 05 situations in which violations may occur nor can it prescribe behaviors that are 06 appropriate to every situation; in addition, laws and regulations regarding ethical 07 responsibilities cannot legislate morality, eradicate corruption, or eliminate bad 08 judgment; and 09 (7) compliance with a code of ethics is an individual responsibility; 10 thus all who serve the state have a solemn responsibility to avoid improper 11 conduct and prevent improper behavior by colleagues and subordinates. 12 * Sec. 65. AS 39.52.110(c) is amended to read: 13 (c) Designated [THE ATTORNEY GENERAL, DESIGNATED] supervisors, 14 hearing officers, and the personnel board must be guided by this section when issuing 15 opinions and reaching decisions. 16 * Sec. 66. AS 39.52.120(b) is amended to read: 17 (b) A public officer may not 18 (1) seek other employment or contracts through the use or attempted 19 use of official position; 20 (2) accept, receive, or solicit compensation for the performance of 21 official duties or responsibilities from a person other than the state; this paragraph 22 may not be construed to prohibit the governor or the lieutenant governor from 23 the lawful solicitation for and acceptance of campaign contributions or a public 24 officer from the acceptance of a lawful gift, other than a campaign contribution, 25 under AS 39.52.130; 26 (3) use state time, property, equipment, or other facilities to benefit 27 personal or financial interests; 28 (4) take or withhold official action in order to affect a matter in which 29 the public officer has a personal or financial interest; or 30 (5) attempt to benefit a personal or financial interest through coercion 31 of a subordinate.
01 * Sec. 67. AS 39.52 is amended by adding a new section to read: 02 Sec. 39.52.125. Misuse of official position by state officials. (a) In addition 03 to the prohibitions under AS 39.52.120, a state official may not 04 (1) take or withhold official action or exert official influence that could 05 substantially benefit or harm the financial interest of a person with whom the state 06 official is negotiating for employment; 07 (2) knowingly seek, accept, use, allocate, grant, or award public funds 08 for a purpose other than that approved by law, or make a false statement in connection 09 with a claim, request, or application for compensation, reimbursement, or travel 10 allowances from public funds; 11 (3) require another public officer to perform services for the private 12 benefit of the state official at any time, or allow a public officer to perform services 13 for the private benefit of the state official on government time; or 14 (4) use or authorize the use of state funds, facilities, equipment, 15 services, or another government asset or resource for the purpose of political fund 16 raising or campaigning. 17 (b) Except for the governor and the lieutenant governor, a state official may 18 not on government time assist in political party or candidate activities, campaigning, 19 or fund raising. A state official, including the governor and the lieutenant governor, 20 may not require another public officer to perform an act in violation of this subsection. 21 (c) Unless approved by the personnel board, during a campaign period for an 22 election in which the state official is a candidate, a state official may not use or permit 23 another to use state funds to print or distribute a political mass mailing to individuals 24 eligible to vote for the candidate. In this subsection, 25 (1) a "campaign period" is the period that 26 (A) begins 90 days before an election to the board of an electric 27 or telephone cooperative organized under AS 10.25, a municipal election, or 28 a primary election or that begins on the date of the governor's proclamation 29 calling a special election; and 30 (B) ends the day after the cooperative election, municipal 31 election, or the general or special election;
01 (2) a mass mailing is considered to be political if it is from or about 02 a 03 (A) state official who is a candidate for election to a federal, 04 state, or municipal elective office or to the board of a telephone or electric 05 cooperative; 06 (B) another person who is a candidate for election to a federal, 07 state, or municipal elective office or to the board of a telephone or electric 08 cooperative. 09 (d) A state official, or another person on behalf of the official, or a campaign 10 committee of the official, may not distribute or post campaign literature, placards, 11 posters, fund-raising notices, or other communications intended to influence the 12 election of a candidate in an election in public areas in a facility ordinarily used to 13 conduct state government business. 14 (e) A state official may not directly, or by authorizing another to act on the 15 official's behalf, 16 (1) agree to, threaten to, or state or imply that the official will take or 17 withhold an official action as a result of a person's decision to provide or not provide 18 a political contribution, donate or not donate to a cause favored by the official, or 19 provide or not provide a thing of value; or 20 (2) state or imply that the official will perform or refrain from 21 performing a lawful governmental service as a result of a person's decision to provide 22 or not provide a political contribution, donate or not donate to a cause favored by the 23 official or provide or not provide a thing of value. 24 (f) A state official may serve on a board of an organization, including a 25 governmental entity, that regularly has a substantial interest in the official actions of 26 the official, if the official discloses the board membership to the personnel board. 27 (g) In this section, when determining whether a state official is considered to 28 be performing a task on government time, the personnel board shall consider the 29 official's work schedule as set by the official's immediate supervisor, if any. An 30 official other than the governor and lieutenant governor who engages in political 31 campaign activities other than incidental campaign activities as described in this
01 subsection during the work day shall take leave for the period of campaigning. 02 Political campaign activities while on government time are permissible if the activities 03 are part of the normal governmental duties of the official, including answering 04 telephone calls and handling of incoming correspondence. 05 * Sec. 68. AS 39.52.130(c) is amended to read: 06 (c) In accordance with AS 39.52.240, a designated supervisor or a state 07 official may request guidance from the personnel board [ATTORNEY GENERAL] 08 concerning whether acceptance of a particular gift is prohibited. 09 * Sec. 69. AS 39.52.130 is amended by adding new subsections to read: 10 (e) In addition to the requirements of (a) and (b) of this section, and except 11 as provided in (f) - (n) of this section, a state official may not solicit, accept, or 12 receive, directly or indirectly, a gift worth $250 or more, whether in the form of 13 money, service, loan, travel, entertainment, hospitality, employment, promise, or in any 14 other form, or gifts from the same person worth less than $250 that in a calendar year 15 aggregate to $250 or more in value. Except for food or beverage for immediate 16 consumption, a state official may not solicit, accept, or receive during a legislative 17 session a gift with any monetary value from a lobbyist or a person acting on behalf 18 of a lobbyist. 19 (f) A state official who accepts a gift under (g)(4) of this section shall disclose 20 the gift if it has a value in excess of $250, including the name and occupation of the 21 giver and a description of the gift and its approximate value, to the personnel board 22 within 30 days after the date of its receipt. Except as provided in (j) of this section, 23 a gift under (g)(6) of this section that has a value of $250 or more shall be disclosed 24 to the personnel board annually on or before February 15 of the following calendar 25 year; the disclosure must include only a description of the gift and the identity of the 26 donor. The personnel board shall maintain a public record of the disclosures received 27 of gifts under (g)(4) of this section. Disclosures relating to gifts under (g)(6) of this 28 section shall be maintained but are confidential and may only be used by the attorney 29 general or the personnel board and its employees and contractors in the investigation 30 of a possible violation of this section or in a proceeding under AS 39.52.310 - 31 39.52.390. If the disclosures become part of the record of a proceeding under
01 AS 39.52.310 - 39.52.390, the confidentiality provisions in AS 39.52.340 apply to the 02 disclosures. The personnel board shall forward disclosures it receives from a state 03 official concerning gifts under (g)(4) of this section to the Alaska Public Offices 04 Commission. 05 (g) Notwithstanding (e) of this section, it is not a violation of this section for 06 a state official to accept 07 (1) hospitality, other than hospitality described in (4) of this subsection 08 (A) with incidental transportation at the residence of a person; 09 however, a vacation home located outside the state is not considered a 10 residence for the purposes of this subparagraph; or 11 (B) at a social event or meal; 12 (2) discounts that are available 13 (A) generally to the public or to a large class of persons to 14 which the person belongs; or 15 (B) when on state business; 16 (3) food or foodstuffs indigenous to the state that are shared generally 17 as a cultural or social norm; 18 (4) travel and hospitality primarily for the purpose of obtaining 19 information on matters of governmental concern; 20 (5) gifts from the immediate family of the person; or 21 (6) gifts that are not connected with the recipient's governmental status. 22 (h) Notwithstanding (e) of this section, a state official may accept a gift of 23 property worth $250 or more, other than money, from a foreign government or from 24 the government of the United States or another state or from an official of a foreign 25 government or of the government of the United States or another state if the person 26 accepts the gift on behalf of the state. The person shall, within 60 days after receiving 27 the gift, deliver the gift to the Office of the Governor, which shall determine the 28 appropriate disposition of the gift. 29 (i) Notwithstanding (e) of this section, a state official may solicit, accept, or 30 receive a gift on behalf of a recognized, nonpolitical charitable organization in 31 accordance with guidelines adopted by the personnel board.
01 (j) A state official who receives an inheritance from a person other than a 02 family member shall disclose the fact of the receipt of an inheritance and the identity 03 of the person from whom it was received to the personnel board within 60 days after 04 receiving notice of the inheritance. The personnel board shall maintain a public record 05 of the disclosure. This subsection does not require disclosure of the value of the 06 inheritance. 07 (k) A state official or public agency may accept (1) a gift of volunteer services 08 for governmental purposes so long as the person making the gift of services is not 09 receiving compensation from another source for the services or (2) a gift of the 10 services of a trainee who is participating in an educational program approved by the 11 personnel board if the services are used for governmental purposes. The personnel 12 board shall approve training under a program of the University of Alaska and training 13 under 29 U.S.C. 1501 - 1792b (Job Training Partnership Act). A governmental 14 volunteer or educational trainee shall be considered to be a public employee for 15 purposes of compliance with this chapter other than AS 39.52.150, 39.52.155, and 16 39.52.160. If a person believes that a governmental volunteer or educational trainee 17 has violated the provisions of one of those sections, the person may file a complaint 18 under AS 39.52.310. The provisions of AS 39.52.310 - 39.52.390 apply to the 19 proceeding. This subsection does not permit a state official to accept a gift of services 20 for nongovernmental purposes. 21 (l) A state official who knows or reasonably ought to know that a family 22 member has received a gift because of the family member's connection with the 23 official's public office shall report the receipt of the gift by the family member to the 24 personnel board if the gift would have to be reported under this section if it had been 25 received by the public officer or if receipt of the gift by a public officer would be 26 prohibited under this section. 27 (m) In this section, the value of a gift shall be determined by the fair market 28 value of the gift to the extent that the fair market value can be determined. 29 (n) In this section, "immediate family" or "family member" means 30 (1) the spouse of the person; 31 (2) another person cohabiting with the person in a conjugal relationship
01 that is not a legal marriage; 02 (3) a child, including a stepchild and an adoptive child, of the person; 03 (4) a parent, sibling, grandparent, aunt, or uncle of the person; and 04 (5) a parent, sibling, grandparent, aunt, or uncle of the person's spouse. 05 * Sec. 70. AS 39.52 is amended by adding new sections to read: 06 Sec. 39.52.132. Restrictions on fund raising. (a) A state official, including 07 the governor and the lieutenant governor, may not 08 (1) on a day when either house of the legislature is in regular or special 09 session, solicit or accept a contribution or a promise or pledge to make a contribution 10 for a candidate for state office; 11 (2) accept money from an event held on a day when either house of the 12 legislature is in regular or special session if a substantial purpose of the event is to 13 raise money on behalf of the state official for a campaign for state office; or 14 (3) expend money in a campaign for state office that was raised by or 15 on behalf of a state official on a day when either house of the legislature was in a 16 legislative session under a declaration of candidacy or general letter of intent to 17 become a candidate for public office. 18 (b) In this section, "contribution" has the meaning given in AS 15.13.400. 19 Sec. 39.52.134. Restrictions on employee candidacies. A state official, other 20 than the governor and the lieutenant governor, may not file a letter of intent to become 21 a candidate or file a declaration of candidacy for the legislature. 22 Sec. 39.52.136. Open meetings law. State officials shall abide by the open 23 meetings law under AS 44.62.310 - 44.62.312. 24 * Sec. 71. AS 39.52.150(d) is amended to read: 25 (d) A public officer shall report in writing to the personnel board and the 26 designated supervisor a personal or financial interest held by the officer, or an 27 immediate family member, in a state grant, contract, lease, or loan that is awarded, 28 executed, or administered by the agency the officer serves. 29 * Sec. 72. AS 39.52 is amended by adding a new section to read: 30 Sec. 39.52.155. Disclosure of close economic associations. (a) A state 31 official shall disclose to the official's designated supervisor and to the Alaska Public
01 Offices Commission, which shall maintain a public record of the disclosure, the 02 formation or maintenance of a close economic association involving a substantial 03 financial matter with 04 (1) a supervisor who is not a public officer who has responsibility or 05 authority, either directly or indirectly, over the person's employment, including 06 preparing or reviewing performance evaluations, or granting or approving pay raises 07 or promotions; 08 (2) legislators; 09 (3) a public official who is required to file a financial disclosure 10 statement under AS 39.50 and is not an appointed municipal officer; 11 (4) a registered lobbyist; or 12 (5) a public officer if the person required to make the disclosure is the 13 governor or the lieutenant governor. 14 (b) A state official required to make a disclosure under this section shall make 15 an annual disclosure no later than February 15 of each year of the individual's close 16 economic associations then in existence. If the official forms a close economic 17 association after that date, the disclosure must be made within 60 days after forming 18 the association. A disclosure under this section must be sufficiently detailed that a 19 reader of the disclosure can ascertain the nature of the association. 20 (c) When making a disclosure under (a) of this section concerning a 21 relationship with a lobbyist to whom the state official is married or who is the 22 official's spousal equivalent, the state official shall also disclose the name and address 23 of each employer of the lobbyist and the total monetary value received from the 24 lobbyist's employer. The state official shall report changes in the employer of the 25 spouse or spousal equivalent within 48 hours after the change. In this subsection, 26 (1) "employer of the lobbyist" means the person from whom the 27 lobbyist received amounts or things of value for engaging in lobbying on behalf of 28 the person; 29 (2) "spousal equivalent" means a person cohabiting with the state 30 official in a conjugal relationship that is not a legal marriage. 31 (d) In this section, "close economic association" means a financial relationship
01 that exists between a state official and some other person or entity, including but not 02 limited to relationships where the state official serves as a consultant or advisor to, is 03 a member or representative of, or has a financial interest in, any association, 04 partnership, business, or corporation. 05 * Sec. 73. AS 39.52.170 is amended to read: 06 Sec. 39.52.170. Outside employment restricted. (a) A public employee may 07 not render services to benefit a personal or financial interest or engage in or accept 08 employment outside the agency which the employee serves, if the outside employment 09 or service is incompatible or in conflict with the proper discharge of official duties or, 10 in the case of a state official, if the compensation sought or accepted for the 11 personal services is significantly greater than the value of the services rendered, 12 taking into account the higher rates generally charged by specialists in a 13 profession. 14 (b) A public employee rendering services for compensation, or engaging in 15 employment outside the employee's agency, shall report by July 1 of each year the 16 outside services or employment to the personnel board and to the employee's 17 designated supervisor. During the year, any change in an employee's outside service 18 or employment activity must be reported to the designated supervisor as it occurs. 19 * Sec. 74. AS 39.52.170 is amended by adding a new subsection to read: 20 (c) A state official may not accept a payment of anything of value, except for 21 actual and necessarily incurred travel expenses, for an appearance or speech by the 22 state official; this subsection does not apply to the salary paid to a state official for 23 making an appearance or speech as part of the official's normal course of employment. 24 * Sec. 75. AS 39.52.180(b) is amended to read: 25 (b) Except as provided in (d) of this section, this [THIS] section does not 26 prohibit an agency from contracting with a former public officer to act on a matter on 27 behalf of the state. 28 * Sec. 76. AS 39.52.180(c) is amended to read: 29 (c) Except as provided in (d) of this section, and, in the case of a state 30 official, only after the elapse of one year from the date the state official left state 31 service, the [THE] head of an agency may waive application of (a) of this section
01 after determining that representation by a former public officer is not adverse to the 02 public interest. The waiver must be in writing and a copy of the waiver must be 03 provided to the attorney general for approval or disapproval. 04 * Sec. 77. AS 39.52.180 is amended by adding a new subsection to read: 05 (d) An agency may not enter into a contract with a state official who has left 06 state service and the head of an agency may not waive application of (a) of this section 07 if the purpose of the proposed contract or representation includes lobbying before a 08 state agency or the state legislature. 09 * Sec. 78. AS 39.52.210 is amended to read: 10 Sec. 39.52.210. Declaration of potential violations by public employees. (a) 11 A public employee who is involved in a matter that may result in a violation of 12 AS 39.52.110 - 39.52.190 shall 13 (1) refrain from taking any official action relating to the matter until 14 a determination is made under this section; and 15 (2) immediately disclose the matter in writing to the designated 16 supervisor and the personnel board. 17 (b) A public employee's designated supervisor shall make a written 18 determination whether an employee's involvement violates AS 39.52.110 - 39.52.190 19 and shall provide a copy of the written determination to the public employee and 20 to the personnel board. If the supervisor determines that a violation could exist or 21 will occur, the supervisor shall, 22 (1) reassign duties to cure the employee's potential violation, if feasible; 23 or 24 (2) direct the divestiture or removal by the employee of the personal 25 or financial interests that give rise to the potential violation. 26 (c) A state official or a designated supervisor may request guidance from the 27 personnel board [ATTORNEY GENERAL], in accordance with AS 39.52.240, when 28 determining whether a public employee is involved in a matter that may result in a 29 violation of AS 39.52.110 - 39.52.190. 30 * Sec. 79. AS 39.52.220 is amended to read: 31 Sec. 39.52.220. Declaration of potential violations by members of boards
01 or commissions. (a) A member of a board or commission who is involved in a 02 matter that may result in a violation of AS 39.52.110 - 39.52.190 shall disclose the 03 matter on the public record and in writing to the designated supervisor and to the 04 personnel board. The supervisor shall determine whether the member's involvement 05 violates AS 39.52.110 - 39.52.190 and shall provide a copy of the written 06 determination to the board or commission member and to the personnel board. 07 If a member of the board or commission objects to the ruling of the supervisor, or if 08 the supervisor discloses an involvement requiring a determination, the members present 09 at a meeting, excluding the involved member, shall vote on the matter. If the 10 supervisor or a majority of the members voting determine that a violation will exist 11 if the member continues to participate, the member shall refrain from voting, 12 deliberating, or participating in the matter. 13 (b) The member of the board or commission, the designated supervisor, or 14 the board or commission may request guidance from the personnel board 15 [ATTORNEY GENERAL], in accordance with AS 39.52.240, when determining 16 whether a member of a board or commission is involved in a matter that may result 17 in a violation of AS 39.52.110 - 39.52.190. 18 * Sec. 80. AS 39.52.230 is amended to read: 19 Sec. 39.52.230. Reporting of potential violations. A person may report to 20 a public officer's designated supervisor, under oath and in writing, a potential violation 21 of AS 39.52.110 - 39.52.190 by the public officer. The supervisor shall provide a 22 copy of the report to the officer who is the subject of the report and to the personnel 23 board, and shall review the report to determine whether a violation may exist. The 24 supervisor shall act in accordance with AS 39.52.210 or 39.52.220 if the supervisor 25 determines that the matter may result in a violation of AS 39.52.110 - 39.52.190. 26 * Sec. 81. AS 39.52.240(a) is amended to read: 27 (a) Upon the written request of a state official, designated supervisor, or a 28 board or commission, the personnel board [ATTORNEY GENERAL] shall issue 29 opinions interpreting this chapter. The requester must supply any additional 30 information requested by the personnel board [ATTORNEY GENERAL] in order to 31 issue the opinion. Within 60 days after receiving a complete request, the personnel
01 board [ATTORNEY GENERAL] shall issue an advisory opinion on the question. 02 * Sec. 82. AS 39.52.240(b) is amended to read: 03 (b) The personnel board [ATTORNEY GENERAL] may offer oral advice if 04 delay would cause substantial inconvenience or detriment to the requesting party. 05 * Sec. 83. AS 39.52.240(c) is amended to read: 06 (c) In the case of a request for advice from a designated supervisor or a 07 board or commission, the [THE] designated supervisor or the [A] board or 08 commission shall make a written determination based on the advice of the personnel 09 board [ATTORNEY GENERAL]. If the advice [OF THE ATTORNEY GENERAL] 10 provides more than one way for a public officer to avoid or correct a problem found 11 under AS 39.52.110 - 39.52.190, the designated supervisor or the board or commission 12 shall, after consultation with the officer, determine the alternative that is most 13 appropriate and advise the officer of any action required of the officer to avoid or 14 correct the problem. 15 * Sec. 84. AS 39.52.240(e) is amended to read: 16 (e) The personnel board [ATTORNEY GENERAL] may reconsider, revoke, 17 or modify an advisory opinion at any time, including upon a showing that material 18 facts were omitted or misstated in the request for the opinion. 19 * Sec. 85. AS 39.52.240(h) is amended to read: 20 (h) The personnel board [ATTORNEY GENERAL] shall publish in the 21 Alaska Administrative Journal, with sufficient deletions to prevent disclosure of the 22 persons whose identities are confidential under (g) of this section, the advisory 23 opinions issued under this section that the personnel board [ATTORNEY GENERAL] 24 determines to be of major import because of their general applicability to executive 25 branch officers. 26 * Sec. 86. AS 39.52.250 is amended to read: 27 Sec. 39.52.250. Advice to former public officers. (a) A former public 28 officer may request, in writing, an opinion from the personnel board [ATTORNEY 29 GENERAL] interpreting this chapter. The personnel board [ATTORNEY 30 GENERAL] shall give advice in accordance with AS 39.52.240(a) or (b) and publish 31 opinions in accordance with AS 39.52.240(h).
01 (b) A former public officer is not liable under this chapter for any action 02 carried out in accordance with the advice of the personnel board [ATTORNEY 03 GENERAL] issued under this section, if the public officer fully disclosed all relevant 04 facts reasonably necessary to the issuance of the advice. 05 * Sec. 87. AS 39.52.260 is amended to read: 06 Sec. 39.52.260. Designated supervisor's report and personnel board 07 [ATTORNEY GENERAL] review. (a) A designated supervisor shall quarterly 08 submit a report to the personnel board that [ATTORNEY GENERAL WHICH] states 09 the facts, circumstances, and disposition of any disclosure made under AS 39.52.210 - 10 39.52.240. 11 (b) The personnel board [ATTORNEY GENERAL] shall review 12 determinations reported under this section. The personnel board [ATTORNEY 13 GENERAL] may request additional information from a supervisor concerning a 14 specific disclosure and its disposition. 15 (c) The report prepared under this section is confidential and not available for 16 public inspection unless formal proceedings under AS 39.52.350 are initiated based on 17 the report. If formal proceedings are initiated, the relevant portions of the report are 18 public documents open to inspection. The personnel board [ATTORNEY 19 GENERAL] shall, however, make available to the public a summary of the reports 20 received under this section, with sufficient deletions to prevent disclosure of a person's 21 identity. 22 * Sec. 88. AS 39.52.310(a) is amended to read: 23 (a) The personnel board [ATTORNEY GENERAL] may initiate a complaint, 24 or elect to treat as a complaint, any matter disclosed under AS 39.52.210, 39.52.220, 25 39.52.250, or 39.52.260. 26 * Sec. 89. AS 39.52.310(b) is amended to read: 27 (b) A person may file a complaint with the personnel board [ATTORNEY 28 GENERAL] regarding the conduct of a current or former public officer. A complaint 29 must be in writing, be signed under oath, and contain a clear statement of the details 30 of the alleged violation. 31 * Sec. 90. AS 39.52.310(c) is amended to read:
01 (c) If a complaint alleges a violation of AS 39.52.110 - 39.52.190 by the 02 governor, lieutenant governor, or the attorney general, the [MATTER SHALL BE 03 REFERRED TO THE PERSONNEL BOARD. THE] personnel board shall retain 04 independent counsel who shall act in the place of the attorney general under 05 AS 39.52.350 [(d) - (i) OF THIS SECTION, AS 39.52.320 - 39.52.350,] and 06 39.52.360(c) and (d). 07 * Sec. 91. AS 39.52.310(d) is amended to read: 08 (d) The personnel board [ATTORNEY GENERAL] shall review each 09 complaint filed, to determine whether it is properly completed and contains allegations 10 which, if true, would constitute conduct in violation of this chapter. The personnel 11 board [ATTORNEY GENERAL] may require the complainant to provide additional 12 information before accepting the complaint. If the personnel board [ATTORNEY 13 GENERAL] determines that the allegations in the complaint do not warrant an 14 investigation, the personnel board [ATTORNEY GENERAL] shall dismiss the 15 complaint with notice to the complainant and the subject of the complaint. 16 * Sec. 92. AS 39.52.310(e) is amended to read: 17 (e) The personnel board [ATTORNEY GENERAL] may refer a complaint 18 to the subject's designated supervisor for resolution under AS 39.52.210 or 39.52.220. 19 * Sec. 93. AS 39.52.310(f) is amended to read: 20 (f) If the personnel board [ATTORNEY GENERAL] accepts a complaint for 21 investigation, the personnel board [ATTORNEY GENERAL] shall serve a copy of 22 the complaint upon the subject of the complaint, for a response. The personnel board 23 [ATTORNEY GENERAL] may require the subject to provide, within 20 days after 24 service, full and fair disclosure in writing of all facts and circumstances pertaining to 25 the alleged violation. Misrepresentation of a material fact in a response to the 26 personnel board [ATTORNEY GENERAL] is a violation of this chapter. Failure to 27 answer within the prescribed time, or within any additional time period that may be 28 granted in writing by the personnel board [ATTORNEY GENERAL], may be 29 considered an admission of the allegations in the complaint. 30 * Sec. 94. AS 39.52.310(g) is amended to read: 31 (g) If a complaint is accepted under (f) of this section, the personnel board
01 [ATTORNEY GENERAL] shall investigate to determine whether a violation of this 02 chapter has occurred. At any stage of an investigation or review, the personnel board 03 [ATTORNEY GENERAL] may issue a subpoena under AS 39.52.380. 04 * Sec. 95. AS 39.52.320 is amended to read: 05 Sec. 39.52.320. Dismissal before formal proceedings. If, after investigation, 06 it appears that there is no probable cause to believe that a violation of this chapter has 07 occurred, the personnel board [ATTORNEY GENERAL] shall dismiss the complaint 08 and [PREPARE AND FILE A CONFIDENTIAL SUMMARY WITH THE 09 PERSONNEL BOARD. THE ATTORNEY GENERAL] shall communicate 10 disposition of the matter promptly to the complainant and to the subject of the 11 complaint. 12 * Sec. 96. AS 39.52.330 is amended to read: 13 Sec. 39.52.330. Corrective or preventive action. After determining that the 14 conduct of the subject of a complaint does not warrant a hearing under AS 39.52.360, 15 the personnel board [ATTORNEY GENERAL] shall recommend action to correct or 16 prevent a violation of this chapter. The personnel board [ATTORNEY GENERAL] 17 shall communicate the recommended action to the complainant and the subject of the 18 complaint. The subject of the complaint shall comply with the personnel board's 19 [ATTORNEY GENERAL'S] recommendation. 20 * Sec. 97. AS 39.52.340(a) is amended to read: 21 (a) Before the initiation of formal proceedings under AS 39.52.350, 22 information regarding an investigation conducted under this chapter, or obtained by the 23 personnel board [ATTORNEY GENERAL] during the investigation, is confidential. 24 The personnel board [ATTORNEY GENERAL] and all persons contacted during the 25 course of an investigation shall maintain confidentiality regarding the existence of the 26 investigation. A person who violates this section is guilty of a class A misdemeanor. 27 * Sec. 98. AS 39.52.350 is amended to read: 28 Sec. 39.52.350. Probable cause for hearing. (a) If the personnel board 29 [ATTORNEY GENERAL] determines that there is probable cause to believe that a 30 knowing violation of this chapter or a violation that cannot be corrected under 31 AS 39.52.330 has occurred, or that the subject of a complaint failed to comply with
01 a recommendation for corrective or preventive action, the personnel board 02 [ATTORNEY GENERAL] shall initiate formal proceedings by requesting the 03 attorney general to serve [SERVING] a copy of an accusation upon the subject of 04 the accusation. The accusation shall specifically set out the alleged violation. After 05 service, the accusation is a public document open to inspection. Except as provided 06 in AS 39.52.370(c), all subsequent proceedings are open to the public. 07 (b) The subject of the accusation shall file an answer with the personnel 08 board and the attorney general within 20 days after service of the accusation, or at 09 a later time specified by the personnel board [ATTORNEY GENERAL]. If the 10 subject of the accusation fails to timely answer, the allegations are considered 11 admitted. 12 (c) If the subject of the accusation denies that a violation of this chapter has 13 occurred, the [ATTORNEY GENERAL SHALL REFER THE MATTER TO THE] 14 personnel board [, WHICH] shall appoint a hearing officer to conduct a hearing. 15 (d) If the subject of the accusation admits a violation of this chapter, the 16 [ATTORNEY GENERAL SHALL REFER THE MATTER TO THE] personnel board 17 shall [TO] impose penalties under AS 39.52.410, 39.52.440, and 39.52.450, as 18 appropriate. 19 * Sec. 99. AS 39.52.920 is amended to read: 20 Sec. 39.52.920. Agency policies. Subject to the review and approval of the 21 personnel board [ATTORNEY GENERAL], an agency may adopt a written policy 22 that, in addition to the requirements of this chapter, limits the extent to which a public 23 officer in the agency or an administrative unit of the agency may 24 (1) acquire a personal interest in an organization or a financial interest 25 in a business or undertaking that may benefit from official action taken or withheld by 26 the agency or unit; 27 (2) have a personal or financial interest in a state grant, contract, lease, 28 or loan administered by the agency or unit; or 29 (3) accept a gift. 30 * Sec. 100. AS 39.52.950 is amended to read: 31 Sec. 39.52.950. Regulations. The attorney general may adopt regulations
01 under AS 44.62 ( [THE] Administrative Procedure Act) necessary to interpret and 02 implement the provisions concerning complaints under this chapter. The personnel 03 board may adopt regulations under AS 44.62 (Administrative Procedure Act) 04 necessary to interpret and implement the other provisions of this chapter. 05 * Sec. 101. AS 39.52.960(11) is amended to read: 06 (11) "immediate family member" means 07 (A) the spouse of the person; 08 (B) another person cohabiting with the person in a conjugal 09 relationship that is not a legal marriage; or 10 (C) a parent, child including a stepchild and an adoptive 11 child, and sibling of a person if the parent, child, or sibling resides with 12 the person, is financially dependent on the person, or shares a substantial 13 financial interest with the person [A PUBLIC OFFICER'S SPOUSE, A 14 RELATION BY BLOOD WITHIN AND INCLUDING THE SECOND 15 DEGREE OF KINDRED, AND A REGULAR MEMBER OF THE OFFICER'S 16 HOUSEHOLD]; 17 * Sec. 102. AS 39.52.960 is amended by adding a new paragraph to read: 18 (23) "state official" means the governor, the lieutenant governor, a 19 person hired or appointed as the head or deputy head of a department in the executive 20 branch or as the director of a division in a department in the executive branch, the 21 chair or member of a state commission or board, as defined in AS 39.50.200(b), the 22 executive director of the Alaska Tourism Marketing Council, an assistant to the 23 governor or the lieutenant governor, a state investment officer, the state comptroller 24 in the Department of Revenue, and a state employee who is not otherwise listed in this 25 definition who is employed by an agency in the executive branch of state government 26 in the exempt or partially exempt service and who is compensated at Range 19A or 27 above on the state salary schedule under AS 39.27.011 or at more than $4,200 per 28 month; however, "state official" does not include an employee who is a member of a 29 collective bargaining unit. 30 * Sec. 103. AS 44.62.175(a) is amended to read: 31 (a) The lieutenant governor shall publish or contract for the publication of the
01 Alaska Administrative Journal. The journal shall be published weekly. The journal 02 must include 03 (1) notices of proposed actions given under AS 44.62.190(a); 04 (2) notices of state agency meetings required under AS 44.62.310(e), 05 even if the meeting has been held; 06 (3) notices of solicitations to bid issued under AS 36.30.130; 07 (4) notices of state agency requests for proposals issued under 08 AS 18.55.255, 18.55.320; AS 36.30.210; AS 37.05.316; AS 38.05.120; and 09 AS 43.40.010; 10 (5) executive orders and administrative orders issued by the governor; 11 (6) written delegations of authority made by the governor or the head 12 of a principal department under AS 44.17.010; 13 (7) the text or a summary of the text of a regulation or order of repeal 14 of a regulation for which notice is given under AS 44.62.190(a), including an 15 emergency regulation or repeal whether or not it has taken effect; 16 (8) a summary of the text of recently issued formal opinions and 17 memoranda of advice of the attorney general; 18 (9) a list of vacancies on boards, commissions, and other bodies whose 19 members are appointed by the governor; and 20 (10) in accordance with AS 39.52.240(h), advisory opinions of the 21 personnel board [ATTORNEY GENERAL]. 22 * Sec. 104. Notwithstanding the amendments made to AS 39.52.240 - 39.52.250 by secs. 23 81 - 86 of this Act, a public officer or a former public officer may rely on an advisory opinion 24 given by the attorney general under AS 39.52.240 - 39.52.250 before the effective date of this 25 bill section to the same extent that the public officer or former public officer could have relied 26 on the opinion if those sections had not been amended by this Act. 27 * Sec. 105. This Act takes effect January 1, 1998.