CSSB 105(FIN): "An Act relating to legislative and executive branch ethics; relating to campaign finances for candidates for the legislature; relating to the conduct and regulation 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(FIN) 01 "An Act relating to legislative and executive branch ethics; relating to campaign 02 finances for candidates for the legislature; relating to the conduct and regulation 03 of lobbyists with respect to public officials; relating to the filing of disclosures by 04 certain state employees and officials; making a conforming amendment to the 05 definition of `public official' for employment security statutes; and providing for 06 an effective date." 07 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 08 * Section 1. AS 15.13.072(d) is amended to read: 09 (d) A candidate or an individual who has filed with the commission the 10 document necessary to permit that individual to incur election-related expenses under 11 AS 15.13.100 for election or reelection to the state legislature may not solicit or 12 accept a contribution if the legislature is convened in a regular or special legislative 13 session, and the candidate or individual is a member of the legislature, or employed 14 as a member of the legislator's staff or as a member of the staff of a legislative
01 committee. 02 * Sec. 2. AS 15.13.116(a) is amended to read: 03 (a) A candidate who, after the date of the general, special, municipal, or 04 municipal runoff election or after the date the candidate withdraws as a candidate, 05 whichever comes first, holds unused campaign contributions shall distribute the amount 06 held within 90 days. The distribution may only be made to 07 (1) pay bills incurred for expenditures reasonably related to the 08 campaign and the winding up of the affairs of the campaign, and to pay expenditures 09 associated with post-election fund raising that may be needed to raise funds to pay off 10 campaign debts; 11 (2) pay for a victory or a thank you party costing less than $500, or to 12 give a thank you gift of a value of less than $50 to a campaign employee or volunteer; 13 (3) make donations, without condition, to 14 (A) a political party; 15 (B) the state's general fund; 16 (C) a municipality of the state; or 17 (D) the federal government; 18 (4) make donations, without condition, to organizations qualified as 19 charitable organizations under 26 U.S.C. 501(c)(3), provided the organization is not 20 controlled by the candidate or a member of the candidate's immediate family; 21 (5) repay loans from the candidate to the candidate's own campaign 22 under AS 15.13.078(b); 23 (6) repay contributions to contributors, but only if repayment of the 24 contribution is made pro rata in approximate proportion to the contributions made 25 using one of the following, as the candidate determines: 26 (A) to all contributors; 27 (B) to contributors who have contributed most recently; or 28 (C) to contributors who have made larger contributions; 29 (7) establish a fund for, and from that fund to pay, attorney fees or 30 costs incurred in the prosecution or defense of an administrative or civil judicial action 31 that directly concerns a challenge to the victory or defeat of the candidate in the
01 election; 02 (8) transfer all or a portion of the unused campaign contributions to an 03 account for a future election campaign and as a reserve for transfer to a legislative 04 office account under (d) of this section; a transfer under this paragraph is limited to 05 (A) $50,000, if the transfer is made by a candidate for governor 06 or lieutenant governor; 07 (B) $30,000 [$10,000], if the transfer is made by a candidate 08 for the state senate; 09 (C) $15,000 [$5,000], if the transfer is made by a candidate for 10 the state house of representatives; and 11 (D) $5,000, if the transfer is made by a candidate for an office 12 not described in (A) - (C) of this paragraph; 13 (9) transfer all or a portion of the unused campaign contributions to a 14 legislative office account; a transfer under this paragraph is subject to the following: 15 (A) the authority to transfer is limited to candidates who are 16 elected to the state legislature; 17 (B) the legislative office account established under this 18 paragraph may be used only for expenses associated with the candidate's 19 serving as a member of the legislature; 20 (C) all amounts expended from the legislative office account 21 shall be annually accounted for under AS 15.13.110(a)(4); and 22 (D) a transfer under this paragraph is limited to $5,000 23 multiplied by the number of years in the term to which the candidate is elected; 24 and 25 (10) transfer all or a portion of the unused campaign contributions to 26 a municipal office account; a transfer under this paragraph is subject to the following: 27 (A) the authority to transfer is limited to candidates who are 28 elected to municipal office, including a municipal school board; 29 (B) the municipal office account established under this 30 paragraph may be used only for expenses associated with the candidate's 31 serving as mayor or as a member of the assembly, city council, or school
01 board; 02 (C) all amounts expended from the municipal office account 03 shall be annually accounted for under AS 15.13.110(a)(4); and 04 (D) a transfer under this paragraph is limited to $5,000. 05 * Sec. 3. AS 15.13.116 is amended by adding a new subsection to read: 06 (d) After a general or special election, a candidate for the state legislature who 07 has been elected to the state legislature in that election may, from the amount retained 08 in the election campaign account under (a)(8) of this section, transfer to a legislative 09 office account not more than $5,000 each calendar year for use only for expenses 10 associated with the candidate's serving as a member of the legislature. All amounts 11 expended under this subsection shall be annually accounted for under 12 AS 15.13.110(a)(4). 13 * Sec. 4. AS 23.20.526(d) is amended to read: 14 (d) For the purposes of AS 23.20.525(a)(4) - (6) and (14), the term 15 "employment" does not apply to service performed 16 (1) by a duly ordained, commissioned, or licensed minister of a church 17 in the exercise of the person's ministry or by a member of a religious order in the 18 exercise of duties required by the order; 19 (2) in a facility conducted for the purpose of carrying out a program 20 of rehabilitation for individuals whose earning capacity is impaired by age or physical 21 or mental deficiency or injury or providing remunerative work for individuals who, 22 because of their impaired physical or mental capacity, cannot be readily absorbed in 23 the competitive labor market by an individual receiving the rehabilitation or 24 remunerative work; 25 (3) as part of an unemployment work-relief or work-training program 26 assisted or financed in whole or in part by any federal agency or any agency of a state 27 or political subdivision of the state, by an individual receiving work relief or work 28 training; 29 (4) for a state hospital by an inmate of a prison or correctional 30 institution; 31 (5) in the employ of a school, college, or university [,] if the service
01 is performed by a student who is enrolled and is regularly attending classes at the 02 school, college, or university; 03 (6) by an individual under the age of 22 who is enrolled at a nonprofit 04 or public educational institution that [WHICH] normally maintains a regular faculty 05 and curriculum and normally has a regularly organized body of students in attendance 06 at the place where its educational activities are carried on as a student in a full-time 07 program, taken for credit at the institution, that [WHICH] combines academic 08 instruction with work experience, if the service is an integral part of the program, and 09 the institution has so certified to the employer, except that this paragraph does not 10 apply to service performed in a program established for or on behalf of an employer 11 or group of employers; 12 (7) in the employ of a hospital, if the service is performed by a patient 13 of the hospital, as defined in AS 23.20.520; 14 (8) in the employ of the state or a political subdivision of the state if 15 the service is performed by an individual in the exercise of duties 16 (A) as a judicial officer, the governor, the lieutenant 17 governor, a person hired or appointed as the head or deputy head of a 18 department in the executive branch, a person hired or appointed as the 19 director of a division of a department in the executive branch, an assistant 20 to the governor, a chair or member of a state commission or board, state 21 investment officers and the state comptroller in the Department of 22 Revenue, the executive director of the Alaska Tourism Marketing Council, 23 an appointed or elected municipal officer ["PUBLIC OFFICIAL" 24 AS DEFINED IN AS 39.50.200(a)], any other elected official, the fiscal analyst 25 of the legislative finance division, the legislative auditor of the legislative audit 26 division, the executive director of the Legislative Affairs Agency, and the 27 directors of the divisions within the Legislative Affairs Agency; 28 (B) as a member of the Alaska Army National Guard or Alaska 29 Air National Guard or Alaska Naval Militia; or 30 (C) as an employee serving on only a temporary basis in case 31 of fire, storm, snow, earthquake, flood, or similar emergency;
01 (9) in the employ of 02 (A) a church or a convention or association of churches; or 03 (B) an organization that [WHICH] is operated primarily for 04 religious purposes and that [WHICH] is operated, supervised, controlled, or 05 principally supported by a church or a convention or association of churches. 06 * Sec. 5. AS 24.25.010(e) is amended to read: 07 (e) This section does not apply to the legislative council, the Select 08 Committee on Legislative Ethics, or [NOR TO] the Legislative Budget and Audit 09 Committee. 10 * Sec. 6. AS 24.45.041(b) is amended to read: 11 (b) The registration form prescribed by the commission must include 12 (1) the lobbyist's full name and complete permanent residence and 13 business address and telephone number, as well as any temporary residential and 14 business address and telephone number in the state capital during a legislative session; 15 (2) the full name and complete address of each person by whom the 16 lobbyist is retained or employed; 17 (3) whether the person from whom the lobbyist receives compensation 18 employs the person solely as a lobbyist or whether the person is a regular employee 19 performing other services for the employer that [WHICH] include but are not limited 20 to the influencing of legislative or administrative action; 21 (4) the nature or form of the lobbyist's compensation for engaging in 22 lobbying, including salary, fees, or reimbursement for expenses received in 23 consideration for, or directly in support of or in connection with, the influencing of 24 legislative or administrative action; 25 (5) a general description of the subjects or matters on which the 26 registrant expects to lobby or to engage in the influencing of legislative or 27 administrative action; 28 (6) the full name and complete address of the person, if other than the 29 registrant, who has custody of the accounts, books, papers, bills, receipts, and other 30 documents required to be maintained under this chapter; 31 (7) the identification of a legislator, legislative employee, or state
01 official to whom the lobbyist is married or with whom the lobbyist has a spousal 02 equivalent relationship. 03 * Sec. 7. AS 24.45.171(12) is amended to read: 04 (12) "public official" or "public officer" means a 05 (A) public official as defined in AS 39.50.200(a) but does not 06 include a judicial officer or an elected or appointed municipal officer; 07 (B) [,] a member of the legislature; [,] or 08 (C) a legislative director or another legislative employee who 09 is subject to disclosure as defined in AS 24.60.990(a) [; HOWEVER, IT 10 DOES NOT INCLUDE A JUDICIAL OFFICER OR AN ELECTED OR 11 APPOINTED MUNICIPAL OFFICER]. 12 * Sec. 8. AS 24.60.030(a) is amended to read: 13 (a) A legislator or legislative employee may not 14 (1) solicit, agree to accept, or accept a benefit other than official 15 compensation for the performance of public duties; this paragraph may not be 16 construed to prohibit lawful solicitation for and acceptance of campaign contributions 17 or the acceptance of a lawful gratuity under AS 24.60.080; 18 (2) use public funds, facilities, equipment, services, or another 19 government asset or resource for a nongovernmental purpose or for the private benefit 20 of either the legislator, legislative employee, or another person; this paragraph does not 21 prohibit 22 (A) limited use of state property and resources for personal 23 purposes if the use does not interfere with the performance of public duties and 24 either the cost or value related to the use is nominal or the legislator or 25 legislative employee reimburses the state for the cost of the use; 26 (B) the use of mailing lists, computer data, or other information 27 lawfully obtained from a government agency and available to the general public 28 for nongovernmental purposes; or 29 (C) telephone or facsimile use that does not carry a special 30 charge; 31 (3) knowingly seek, accept, use, allocate, grant, or award public funds
01 for a purpose other than that approved by law, or make a false statement in connection 02 with a claim, request, or application for compensation, reimbursement, or travel 03 allowances from public funds; 04 (4) require a legislative employee to perform services for the private 05 benefit of the legislator or employee at any time, or allow a legislative employee to 06 perform services for the private benefit of a legislator or employee on government 07 time; it is not a violation of this paragraph if the services were performed in an 08 unusual or infrequent situation and the person's services were reasonably necessary to 09 permit the legislator or legislative employee to perform official duties; 10 (5) use or authorize the use of state funds, facilities, equipment, 11 services, or another government asset or resource for the purpose of political fund 12 raising or campaigning; this paragraph does not prohibit 13 (A) limited use of state property and resources for personal 14 purposes if the use does not interfere with the performance of public duties and 15 either the cost or value related to the use is nominal or the legislator or 16 legislative employee reimburses the state for the cost of the use; 17 (B) the use of mailing lists, computer data, or other information 18 lawfully obtained from a government agency and available to the general public 19 for nongovernmental purposes; [OR] 20 (C) telephone or facsimile use that does not carry a special 21 charge; or 22 (D) storing or maintaining, consistent with (b) of this 23 section, election campaign records in a legislator's office. 24 * Sec. 9. AS 24.60.030(c) is repealed and reenacted to read: 25 (c) Unless approved by the committee, during a campaign period for an 26 election in which the legislator or legislative employee is a candidate, a legislator or 27 legislative employee may not use or permit another to use state funds, other than funds 28 to which the legislator is entitled as an office allowance, to print or distribute a 29 political mass mailing to individuals eligible to vote for the candidate. In this 30 subsection, 31 (1) a "campaign period" is the period that
01 (A) begins 90 days before the date of an election to the board 02 of an electric or telephone cooperative organized under AS 10.25, a municipal 03 election, or a primary election, or that begins on the date of the governor's 04 proclamation calling a special election; and 05 (B) ends the day after the cooperative election, municipal 06 election, or general or special election; 07 (2) a mass mailing is considered to be political if it is from or about 08 a legislator, legislative employee, or another person who is a candidate for election or 09 reelection to the legislature or another federal, state, or municipal office or to the board 10 of an electric or telephone cooperative. 11 * Sec. 10. AS 24.60.030(d) is amended to read: 12 (d) A legislator, legislative employee, or another person on behalf of the 13 legislator or legislative employee, or a campaign committee of the legislator or 14 legislative employee, may not distribute or post campaign literature, placards, posters, 15 fund-raising notices, or other communications intended to influence the election of 16 a candidate in an election in public areas in a facility ordinarily used to conduct state 17 government business. This prohibition applies whether or not the election has been 18 concluded. However, a legislator may post, in the legislator's private office, 19 communications related to an election that has been concluded. 20 * Sec. 11. AS 24.60.030(f) is amended to read: 21 (f) A legislative employee may not serve in a position that requires 22 confirmation by the legislature. A legislator or legislative employee may serve on a 23 board of an organization, including a governmental entity, that regularly has a 24 substantial interest in the legislative activities of the legislator or employee [,] if the 25 legislator or employee discloses the board membership to the committee. A legislator 26 or legislative employee who is required to make a disclosure under this subsection 27 shall file the disclosure with the committee by the deadlines set out in 28 AS 24.60.105 stating the name of each organization on whose board the person 29 serves. The committee shall maintain a public record of the disclosure and 30 forward the disclosure to the appropriate house for inclusion in the journal. This 31 subsection does not require a legislator or legislative employee who is appointed
01 to a board by the presiding officer to make a disclosure of the appointment to the 02 committee if the appointment has been published in the appropriate legislative 03 journal during the calendar year. 04 * Sec. 12. AS 24.60.030(g) is repealed and reenacted to read: 05 (g) A legislator or legislative employee who has a substantial financial interest 06 that may be affected by official action may not take official action on the matter unless 07 the financial interest has been disclosed as required by this subsection. In the case of 08 a matter that is before a legislative committee or a house of the legislature, the 09 legislator or legislative employee shall orally disclose the financial interest to the 10 legislative committee or to the legislative house, as appropriate. The disclosure must 11 be reported in the journal or in the committee minutes, as appropriate. In the case of 12 a matter that is not before a legislative committee or a house of the legislature, the 13 legislator or legislative employee shall disclose the financial interest to the ethics 14 committee in writing, to be received by the committee within seven days after the 15 legislator or legislative employee takes the action. This written disclosure is a public 16 document. The committee shall promptly forward the disclosure to the clerk of the 17 house or the senate secretary for publication in the journal. A disclosure under this 18 subsection, whether written or oral, must include the nature of the financial interest and 19 a short description of how the action taken affects the interest. In this subsection, 20 (1) "financial interest" includes 21 (A) an equity or ownership interest in a business, investment, 22 real property, lease, or other enterprise if the effect of the action on that interest 23 is greater than the effect on a substantial class of persons to which the 24 legislator or legislative employee belongs as a member of a profession, 25 occupation, industry, or region; 26 (B) an interest based on employment of the legislator or 27 legislative employee or the spouse, spousal equivalent, or dependent child of 28 the legislator or legislative employee; 29 (C) an interest based on a contract, including a personal services 30 contract, in which the legislator or legislative employee or the spouse, spousal 31 equivalent, or dependent child of the legislator or legislative employee is
01 entitled to receive a benefit from a business or other entity; 02 (D) an interest created by membership on the board of directors 03 of a corporation regardless of whether the effect of the action on that interest 04 is greater than the effect on a substantial class of persons to which the 05 legislator or legislative employee belongs as a member of a profession, 06 occupation, industry, or region; 07 (2) "official action" includes legislative, administrative, and political 08 action. 09 * Sec. 13. AS 24.60.030 is amended by adding a new subsection to read: 10 (h) In this section, when determining whether an employee is considered to be 11 performing a task on government time, the committee shall consider the employee's 12 work schedule as set by the employee's immediate supervisor. An employee who 13 engages in political campaign activities other than incidental campaign activities as 14 described in this subsection during the employee's work day shall take leave for the 15 period of campaigning. Political campaign activities while on government time are 16 permissible if the activities are part of the normal legislative duties of the employee, 17 including answering telephone calls and handling incoming correspondence. 18 * Sec. 14. AS 24.60.031(a) is amended to read: 19 (a) A legislator or legislative employee may not 20 (1) on a day when either house of [WHILE] the legislature is in 21 regular or special session, solicit or accept a contribution or a promise or pledge to 22 make a contribution for a state legislative campaign; 23 (2) accept money from an event held on a day when either house of 24 the legislature is in regular or special [DURING A LEGISLATIVE] session if a 25 substantial purpose of the event is [EITHER] to raise money on behalf of the member 26 or legislative employee for [CAMPAIGN PURPOSES OR TO RAISE MONEY FOR] 27 state legislative political purposes; or 28 (3) expend money in a state legislative campaign that was raised by or 29 on behalf of a legislator on a day when either house of the legislature was in 30 [DURING] a legislative session under a declaration of candidacy or a general letter 31 of intent to become a candidate for public office.
01 * Sec. 15. AS 24.60.039 is amended by adding a new subsection to read: 02 (b) If a person files a complaint with the committee under AS 24.60.170 03 alleging a violation of this section, the committee may refer the complainant to the 04 State Commission for Human Rights and may defer its consideration of the complaint 05 until after the complainant establishes to the satisfaction of the committee that the 06 commission has completed its proceedings in the matter. 07 * Sec. 16. AS 24.60.040(a) is amended to read: 08 (a) A legislator or legislative employee, or a member of the immediate family 09 of a legislator or legislative employee, may not be a party to or have an interest in a 10 state contract or lease unless the contract or lease is let [THROUGH COMPETITIVE 11 SEALED BIDDING] under AS 36.30 (State Procurement Code) or, for agencies that 12 are not subject to AS 36.30, under similar procedures, or the total annual amount 13 of the state contract or lease is $5,000 [$1,000] or less, or is a standardized contract 14 or lease that was developed under publicly established guidelines and is generally 15 available to the public at large, members of a profession, occupation, or group. A 16 person has an interest in a state contract or lease under this section if the person 17 receives direct or indirect financial benefits. A legislator or legislative employee who 18 participates in, or who knows or reasonably should know that a family member 19 is participating in, a state contract or lease that has an annual value of $5,000 or 20 more shall disclose the participation to the committee by the date required under 21 AS 24.60.105. The legislator or legislative employee shall also disclose the 22 renegotiation of a state contract or lease if the original had to be disclosed under 23 this section or if, as a result of renegotiation, disclosure is required under this 24 section. The disclosure must state the amount of the contract or lease and the 25 name of the state agency issuing the contract or lease and must identify the 26 procedures under which the contract or lease was issued. If the disclosure 27 concerns a contract or lease in which a family member of the discloser is 28 participating, the disclosure must identify the relationship between the participant 29 and the discloser. 30 * Sec. 17. AS 24.60.040 is amended by adding a new subsection to read: 31 (c) This section does not apply to a contract or lease issued under a state
01 program or loan that is subject to AS 24.60.050. A grant that results in a contract but 02 that is not subject to AS 24.60.050 is subject to this section. 03 * Sec. 18. AS 24.60.050(c) is amended to read: 04 (c) A legislator or legislative employee who participates in a program or 05 receives a loan that is not exempt from disclosure under (a) of this section shall file 06 a written report with the committee by the date required under AS 24.60.105 07 [FEBRUARY 15 OF EACH YEAR] stating the amounts of the loans outstanding or 08 benefits received during the preceding calendar year from nonqualifying programs. If 09 the committee requests additional information necessary to determine the propriety of 10 participating in the program or receiving the loan, it shall be promptly provided. The 11 committee shall promptly compile a list of the statements indicating the loans and 12 programs and amounts and send it to the presiding officer of each house who shall 13 have it published in the supplemental journals within three weeks after [OF] the filing 14 date. A legislator or legislative employee who believes that disclosure of 15 participation in a program would be an invasion of the participant's right to 16 privacy under the state constitution may request the committee to keep the 17 disclosure confidential. If the committee finds that publication would constitute 18 an invasion of privacy, the committee shall publish only the fact that a person has 19 participated in the program and the amount of benefit that the unnamed person 20 received. The committee shall maintain the disclosure of the name of the person 21 as confidential and may only use the disclosure in a proceeding under 22 AS 24.60.170. If the disclosure becomes part of the record of a proceeding under 23 AS 24.60.170, the disclosure may be made public as provided in that section. 24 * Sec. 19. AS 24.60.060 is amended by adding a new subsection to read: 25 (b) A legislator or legislative employee who is the subject of a complaint 26 under AS 24.60.170 violates this section if the legislator or legislative employee 27 violates a protective order issued under AS 24.60.170(i). 28 * Sec. 20. AS 24.60.070(b) is amended to read: 29 (b) A legislator or legislative employee required to make a disclosure 30 under this section shall make a disclosure by the date set under AS 24.60.105 of 31 the legislator's or legislative employee's close economic associations then in
01 existence. A disclosure under this section must be sufficiently detailed that a reader 02 of the disclosure can ascertain the nature of the association. 03 * Sec. 21. AS 24.60.070 is amended by adding a new subsection to read: 04 (d) When making a disclosure under (a) of this section concerning a 05 relationship with a lobbyist to whom the legislator or legislative employee is married 06 or who is the legislator's or legislative employee's spousal equivalent, the legislator 07 or legislative employee shall also disclose the name and address of each employer of 08 the lobbyist and the total monetary value received from the lobbyist's employer. The 09 legislator or legislative employee shall report changes in the employer of the spouse 10 or spousal equivalent within 48 hours after the change. In this subsection, "employer 11 of the lobbyist" means the person from whom the lobbyist received amounts or things 12 of value for engaging in lobbying on behalf of the person. 13 * Sec. 22. AS 24.60.080(a) is amended to read: 14 (a) Except as otherwise provided in this section, a [A] legislator or 15 legislative employee may not solicit, accept, or receive, directly or indirectly, a gift 16 worth $250 [$100] or more, whether in the form of money, services, a loan, travel, 17 entertainment, hospitality, promise, or other form, or gifts from the same person worth 18 less than $250 [$100] that in a calendar year aggregate to $250 [$100] or more in 19 value. Except for food or beverage for immediate consumption, a legislator or 20 legislative employee [, AND] may not solicit, accept, or receive during a legislative 21 session a gift with any monetary value from a lobbyist or a person acting on behalf 22 of a lobbyist. 23 * Sec. 23. AS 24.60.080(c) is amended to read: 24 (c) Notwithstanding (a) of this section, it is not a violation of this section for 25 a legislator or legislative employee to accept 26 (1) hospitality, other than hospitality described in (4) of this subsection, 27 (A) with incidental transportation at the residence of a person; 28 however, a vacation home located outside the state is not considered a 29 residence for the purposes of this subparagraph; or 30 (B) at a social event or meal; 31 (2) discounts that are available
01 (A) generally to the public or to a large class of persons to 02 which the person belongs; or 03 (B) when on official state business, but only if receipt of the 04 discount benefits the state; 05 (3) food or foodstuffs indigenous to the state that are shared generally 06 as a cultural or social norm; 07 (4) travel and hospitality primarily for the purpose of obtaining 08 information on matters of legislative concern; 09 (5) gifts from the immediate family of the person; [OR] 10 (6) gifts that are not connected with the recipient's legislative status; 11 or 12 (7) a discount for all or part of a legislative session, including time 13 immediately preceding or following the session, or other gift to welcome a 14 legislator or legislative employee who is employed on the personal staff of a 15 legislator or by a standing or special committee to the capital city or in 16 recognition of the beginning of a legislative session if the gift or discount is 17 available generally to all legislators and the personal staff of legislators and staff 18 of standing and special committees; this paragraph does not apply to legislative 19 employees who are employed by the Legislative Affairs Agency, the office of the 20 chief clerk, the office of the senate secretary, the legislative budget and audit 21 committee, or the office of the ombudsman. 22 * Sec. 24. AS 24.60.080(d) is amended to read: 23 (d) A legislator or legislative employee who accepts a gift under (c)(4) [OR 24 (6)] of this section shall disclose the gift if it has a value of $250 [$100] or more; the 25 [. THE] disclosure must include the name and occupation of the person making the 26 gift, [AND] the approximate value of the gift, and [. A GIFT UNDER (c)(4) OF 27 THIS SECTION REQUIRED TO BE DISCLOSED UNDER THIS SUBSECTION] 28 shall be disclosed to the committee within 30 days after [OF] the receipt of the gift. 29 Except as provided in (i) of this section, a gift [TO THE COMMITTEE. GIFTS] 30 under (c)(6) of this section that has a value of $250 or more shall be disclosed to the 31 committee annually on or before February 15 [APRIL 15] of the following calendar
01 year; the [AND THE] disclosure needs to include only a description of the gift and 02 the identity of the donor [THE VALUE ONLY IF THE VALUE OF THE GIFT 03 EXCEEDS $250]. The committee shall maintain a public record of the disclosure it 04 receives relating to gifts under (c)(4) of this section and shall forward the disclosure 05 to the appropriate house for inclusion in the journal. Disclosures relating to gifts under 06 (c)(6) of this section shall be maintained, but are confidential and may only be used 07 by the committee and its employees and contractors in the investigation of a possible 08 violation of this section or in a proceeding under AS 24.60.170. If the disclosures 09 become part of the record of a proceeding under AS 24.60.170, the confidentiality 10 provisions of that section apply to the disclosures. The committee shall forward to 11 the Alaska Public Offices Commission copies of the disclosures concerning gifts 12 under (c)(4) of this section that it receives from legislative employees who are 13 required to file financial disclosure statements under AS 24.60.200 and from 14 legislators. 15 * Sec. 25. AS 24.60.080(e) is amended to read: 16 (e) A political contribution [THAT IS REPORTED UNDER AS 15.13.040] is 17 not a gift under this section if it is reported under AS 15.13.040 or is exempt from 18 the reporting requirement under AS 15.13.040(g). 19 * Sec. 26. AS 24.60.080(f) is amended to read: 20 (f) Notwithstanding (a) of this section, a legislator or legislative employee may 21 accept a gift of property worth $250 [$100] or more, other than money, from a foreign 22 government or from the government of the United States or another state or from 23 an official of a foreign government or of the government of the United States or 24 another state if the person accepts the gift on behalf of the legislature. The person 25 shall, within 60 days after [OF] receiving the gift, deliver the gift to the legislative 26 council, which shall determine the appropriate disposition of the gift. 27 * Sec. 27. AS 24.60.080(g) is amended to read: 28 (g) In this section, "immediate family" or "family member" means 29 (1) the spouse of the person; 30 (2) the person's spousal equivalent; 31 (3) a child, including a stepchild and an adoptive child, of the
01 person or of the person's spousal equivalent; 02 (4) a parent, sibling, grandparent, aunt, or uncle of the person; and 03 (5) a parent, sibling, grandparent, aunt, or uncle of the person's 04 spouse or the person's spousal equivalent [HAS THE MEANING GIVEN IN 05 AS 24.60.990(a)(5) AND INCLUDES THE GRANDPARENTS, AUNTS, AND 06 UNCLES OF A PERSON, AND ALSO INCLUDES A PERSON DESCRIBED IN 07 THIS SUBSECTION OR AS 24.60.990(a)(5) WHO IS RELATED TO THE PERSON 08 BY MARRIAGE]. 09 * Sec. 28. AS 24.60.080 is amended by adding new subsections to read: 10 (h) Notwithstanding (a) of this section, a legislator or legislative employee may 11 solicit, accept, or receive a gift on behalf of a recognized, nonpolitical charitable 12 organization in accordance with guidelines adopted by the committee. 13 (i) A legislator or legislative employee who receives an inheritance worth $250 14 or more from a person other than a family member shall disclose the fact of the receipt 15 of an inheritance and the identity of the decedent to the committee by the deadline set 16 out in AS 24.60.105. The committee shall maintain a public record of the disclosure. 17 This subsection does not require disclosure of the value of the inheritance. 18 (j) A legislator, a legislative committee other than the Select Committee on 19 Legislative Ethics, or a legislative agency may accept (1) a gift of volunteer services 20 for legislative purposes so long as the person making the gift of services is not 21 receiving compensation from another source for the services or (2) a gift of the 22 services of a trainee who is participating in an educational program approved by the 23 committee if the services are used for legislative purposes. The committee shall 24 approve training under a program of the University of Alaska and training under 29 25 U.S.C. 1501 - 1792b (Job Training Partnership Act). A legislative volunteer or 26 educational trainee shall be considered to be a legislative employee for purposes of 27 compliance with AS 24.60.030 - 24.60.039, 24.60.060, 24.60.080, 24.60.085, 24.60.158 28 - 24.60.170, 24.60.176, and 24.60.178. If a person believes that a legislative volunteer 29 or educational trainee has violated the provisions of one of those sections, the person 30 may file a complaint under AS 24.60.170. The provisions of AS 24.60.170 apply to 31 the proceeding. This subsection does not permit a legislator or legislative employee
01 to accept a gift of services for nonlegislative purposes. 02 (k) A legislator or legislative employee who knows or reasonably should know 03 that a family member has received a gift because of the family member's connection 04 with the legislator or legislative employee shall report the receipt of the gift by the 05 family member to the committee if the gift would have to be reported under this 06 section if it had been received by the legislator or legislative employee or if receipt of 07 the gift by a legislator or legislative employee would be prohibited under this section. 08 (l) In this section, the value of a gift shall be determined by the fair market 09 value of the gift to the extent that the fair market value can be determined. 10 * Sec. 29. AS 24.60.085(a) is amended to read: 11 (a) A legislator or legislative employee may not 12 (1) seek or accept compensation for personal services that is 13 significantly greater than the value of [INVOLVES PAYMENTS THAT ARE NOT 14 COMMENSURATE WITH] the services rendered taking into account the higher rates 15 generally charged by specialists in a profession; or 16 (2) accept a payment of anything of value, except for actual and 17 necessarily incurred travel expenses, for an appearance or speech by the legislator or 18 legislative employee; this paragraph does not apply to the salary paid to a legislator 19 or legislative employee for making an appearance or speech as part of the legislator's 20 or legislative employee's normal course of employment. 21 * Sec. 30. AS 24.60.100 is amended to read: 22 Sec. 24.60.100. Representation. A legislator or legislative employee who 23 represents another person for compensation before an agency, board, or commission 24 of the state shall disclose the name of the person represented, the subject matter of the 25 representation, and the body before which the representation is to take place to the 26 committee. The disclosure shall be made by the deadlines set out in AS 24.60.105. 27 The committee shall maintain a public record of a [THE] disclosure under this section 28 and forward the disclosure to the respective house for inclusion in the journal. A 29 legislator or legislative employee may not represent another person for compensation 30 before an agency, committee, or other entity of the legislative branch. 31 * Sec. 31. AS 24.60 is amended by adding a new section to read:
01 Sec. 24.60.105. Deadlines for filing disclosures. (a) When a legislator or 02 legislative employee is required to file a disclosure under this chapter and a date by 03 which the disclosure must be filed is not otherwise set by statute, the deadlines set out 04 in this section shall apply. For disclosure of a matter or an interest that began or was 05 acquired during the interim between regular legislative sessions, whether or not the 06 regular session is extended or there is a special session, or during the last 30 days of 07 a regular session, the legislator or legislative employee shall disclose the matter by 08 February 15. For disclosure of a matter or an interest that began or was acquired 09 during a regular legislative session, but not during the last 30 days of the regular 10 session, the disclosure must be made within 30 days after the commencement of the 11 interest or representation. 12 (b) Disclosures under the following statutes are subject to the deadlines set out 13 in this section: 14 (1) service on the board of an organization as set out in 15 AS 24.60.030(f); 16 (2) an interest in a state contract or lease under AS 24.60.040 and the 17 renegotiation of the terms of a state contract or lease that materially affect the 18 obligations of either party; 19 (3) participation in a state program or receipt of a state loan under 20 AS 24.60.050 and the renegotiation of the terms of the program or loan if the 21 renegotiation materially affects the obligations of either party; 22 (4) formation or maintenance of a close economic association under 23 AS 24.60.070; 24 (5) receipt of an inheritance under AS 24.60.080(i); 25 (6) representation of a client under AS 24.60.100. 26 * Sec. 32. AS 24.60.130(f) is amended to read: 27 (f) The committee may contract for professional services and may employ staff 28 as it considers necessary. A committee employee, including a person who provides 29 personal services under a contract with the committee, may not be a legislator, an 30 elected or appointed official of a state or local governmental entity, an officer of a 31 political party, a candidate for public office, or a registered lobbyist. The legislative
01 council shall provide office space, equipment, and additional staff support for the 02 committee. The committee shall submit a budget for each fiscal year to the finance 03 committees of the legislature and shall annually submit an estimated budget to the 04 governor for information purposes in preparation of the state operating budget. Public 05 members of the committee serve without compensation for their services, but are 06 entitled to per diem and travel expenses authorized for boards and commissions 07 under AS 39.20.180. 08 * Sec. 33. AS 24.60.130(h) is amended to read: 09 (h) A member is disqualified from participating as a member in any 10 proceeding before the committee involving a complaint against the member or an 11 employee whose work is supervised by the member or an advisory opinion 12 requested by the member. If a regular legislative member of the committee is 13 disqualified under this subsection from participating in a proceeding involving a 14 complaint, an alternate shall be appointed under (o) of this section [THE 15 LEGISLATURE IS IN SESSION WHEN A LEGISLATIVE MEMBER IS 16 DISQUALIFIED UNDER THIS SUBSECTION, THE PRESIDING OFFICER OF 17 THAT MEMBER'S HOUSE SHALL, WITH THE CONCURRENCE BY ROLL 18 CALL VOTE OF TWO-THIRDS OF THE FULL MEMBERSHIP OF THAT HOUSE, 19 APPOINT ANOTHER MEMBER FROM THAT HOUSE TO ACT AS A MEMBER 20 OF THE COMMITTEE IN THE PROCEEDING. IF THE LEGISLATURE IS NOT 21 IN SESSION WHEN A LEGISLATIVE MEMBER IS DISQUALIFIED, THE 22 PRESIDING OFFICER OF THE HOUSE OF WHICH THE DISQUALIFIED 23 LEGISLATOR IS A MEMBER SHALL APPOINT ANOTHER MEMBER FROM 24 THAT HOUSE, WITH A RECORDED CONCURRENCE OF A MAJORITY VOTE 25 OF THE SUBCOMMITTEE OF THAT HOUSE, TO ACT AS A MEMBER OF THE 26 COMMITTEE IN THE PROCEEDING]. 27 * Sec. 34. AS 24.60.130 is amended by adding a new subsection to read: 28 (o) When appointing members of the legislature to serve on the committee, the 29 speaker of the house or the president of the senate, as appropriate, shall appoint an 30 alternate member for each regular member. An alternate must have the same 31 qualifications as the regular member for whom the alternate stands as alternate and is
01 subject to confirmation as required for the regular member. If a regular legislative 02 member of the committee or a subcommittee is disqualified under (h) of this section 03 from serving on the committee or the subcommittee concerning a proceeding under 04 AS 24.60.170, the chair of the committee or a subcommittee shall designate the regular 05 member's alternate to serve in place of the regular member in the proceeding unless 06 the alternate is also disqualified from serving. The designation shall be treated as 07 confidential to the same extent that the identity of the subject of a complaint is 08 required to be kept confidential. 09 * Sec. 35. AS 24.60.134(a) is amended to read: 10 (a) Except as provided in (c) of this section, in [IN] addition to complying 11 with the requirements of this chapter, a public member of the committee, an employee 12 of the committee, or a person under contract to provide personal services to the 13 committee may not, during the person's term of office or employment or during 14 the life of the contract, participate in 15 (1) [PARTICIPATE IN] political management or in a political 16 campaign for a candidate for election to federal, state, or local office, regardless 17 of whether the campaign is partisan or nonpartisan, or for passage or defeat of 18 a ballot measure of any type [DURING THE PERSON'S TERM OF OFFICE, 19 EMPLOYMENT, OR CONTRACT]; 20 (2) [PARTICIPATE IN] the campaign of, attend campaign fund-raising 21 events for, or make a financial contribution to 22 (A) a candidate for the legislature; 23 (B) an incumbent legislator or legislative employee who is a 24 candidate for another public office; or 25 (C) a person running for another office against an incumbent 26 legislator or legislative employee; [OR] 27 (3) a fund-raising event held on behalf of a political party or attend 28 a political party fund-raising event; or 29 (4) [PARTICIPATE IN] lobbying activities that would require the 30 person to register as a lobbyist except as required to inform the legislature concerning 31 legislation requested by the committee or other matters related to the committee.
01 * Sec. 36. AS 24.60.134 is amended by adding a new subsection to read: 02 (c) A person under contract to provide personal services to the committee who 03 is part of a corporation or partnership that includes individuals who will not be 04 participating directly in the work performed by the entity for the committee may 05 request the committee to exclude members of the entity from some or all of the 06 provisions of this section. The committee may grant the request if it finds that doing 07 so will not lead to the appearance that the committee is subject to undue political 08 influence and if there is no appearance of impropriety. 09 * Sec. 37. AS 24.60.150(b) is amended to read: 10 (b) The committee may 11 (1) recommend [LEGISLATION] to the legislature legislation that the 12 committee considers desirable or necessary to promote and maintain high standards of 13 ethical conduct in government; 14 (2) subpoena witnesses, administer oaths, and take testimony relating 15 to matters before the committee, and may require the production for examination of 16 any books or papers relating to any matter under investigation before the committee; 17 (3) adopt guidelines to implement this chapter; in adopting 18 guidelines, the committee shall provide notice of its intended action and an 19 opportunity for public comment; the committee may not penalize a person who 20 reasonably relies on a guideline adopted by the committee for having violated a 21 conflicting provision of this chapter. 22 * Sec. 38. AS 24.60.160 is amended to read: 23 Sec. 24.60.160. Advisory opinions. (a) On the request of a person to 24 whom this chapter applies or who has been newly elected to the legislature, the 25 [THE] committee shall issue an advisory opinion within 60 [30] days [ON THE 26 REQUEST OF A PERSON TO WHOM THE CHAPTER APPLIES OR A PERSON 27 ELECTED TO THE LEGISLATURE WHO AT THE TIME OF ELECTION IS NOT 28 A MEMBER OF THE LEGISLATURE] as to whether the facts and circumstances of 29 a particular case constitute a violation of ethical standards. If it finds that it is 30 advisable to do so, the committee may issue an opinion under this section on the 31 request of a person who reasonably expects to become subject to this chapter
01 within the next 45 days. The 60-day [30-DAY] period for issuing an opinion may 02 be extended by the committee if the person requesting the opinion consents. 03 (b) An [THE] opinion issued under this section is binding on the committee 04 in any subsequent proceedings concerning the facts and circumstances of the particular 05 case unless material facts were omitted or misstated in the request for the advisory 06 opinion. Except as provided in this chapter, an advisory opinion is confidential but 07 shall be made public if a written request by the person who requested the opinion is 08 filed with the committee. A person who requested an opinion, including a 09 legislator, may not require admittance to an executive session of the committee 10 when it is deliberating concerning the advisory opinion. 11 * Sec. 39. AS 24.60.170(a) is amended to read: 12 (a) The committee shall consider a complaint alleging a violation of this 13 chapter if the alleged violation occurred within five years before [OF] the date that the 14 complaint is filed with the committee and, when the subject of the complaint is a 15 former member of the legislature, the complaint is filed within one year after [OF] the 16 subject's departure from the legislature. The committee may not consider a complaint 17 filed against all members of the legislature, against all members of one house of 18 the legislature, or against a person employed by the legislative branch of government 19 after the person has terminated legislative service. However, the committee may 20 reinstitute proceedings concerning a complaint that was closed because a former 21 employee terminated legislative service or because a legislator left the legislature 22 if the former employee or legislator resumes legislative service, whether as an 23 employee or a legislator, within five years after the alleged violation. The 24 committee may also initiate complaints on its own motion, subject to the same time 25 limitations. The time limitations of this subsection do not bar proceedings against a 26 person who intentionally prevents discovery of a violation of this chapter. 27 * Sec. 40. AS 24.60.170(b) is amended to read: 28 (b) A complaint may be initiated by any person. The complaint must be in 29 writing and signed under oath by the person making the complaint and must contain 30 a statement that the complainant has reason to believe that a violation of this 31 chapter has occurred and describe any facts known to the complainant to support
01 that belief. The committee shall upon request provide a form for a complaint to a 02 person wishing to file a complaint. Upon receiving a complaint, the committee shall 03 advise the complainant that the committee or the subject of the complaint may 04 ask the complainant to testify at any stage of the proceeding as to the 05 complainant's belief that the subject of the complaint has violated this chapter. 06 The committee shall immediately provide a copy of the complaint to the person who 07 is the subject of the complaint. 08 * Sec. 41. AS 24.60.170(c) is amended to read: 09 (c) When the committee receives a complaint under (a) of this section, it may 10 assign the complaint to a staff person. The staff person shall conduct a 11 preliminary examination of the complaint and advise the committee whether the 12 allegations of the complaint, if true, constitute a violation of this chapter and 13 whether there is credible information to indicate that a further investigation and 14 proceeding is warranted. The staff recommendation shall be based on the 15 information and evidence contained in the complaint as supplemented by the 16 complainant and by the subject of the complaint, if requested to do so by the staff 17 member. The committee shall consider the recommendation of the staff member, 18 if any, and shall determine whether the allegations of the complaint, if true, constitute 19 a violation of this chapter. If the committee determines that the allegations, if proven, 20 would not give rise to a violation, that the complaint is frivolous on its face, that 21 there is insufficient credible information that can be uncovered to warrant further 22 investigation by the committee, or that [IF] the committee's lack of jurisdiction is 23 apparent on the face of the complaint, the committee shall dismiss the complaint [,] 24 and shall notify the complainant and the subject of the complaint of the dismissal. 25 The committee may ask the complainant to provide clarification or additional 26 information before it makes a decision under this subsection and may request 27 information concerning the matter from the subject of the complaint. Neither the 28 complainant nor the subject of a complaint is obligated to provide the 29 information. A proceeding conducted under this subsection, documents that are 30 part of a proceeding, and a dismissal under this subsection are confidential as 31 provided in (l) of this section unless the subject of the complaint waives
01 confidentiality as provided in that subsection. 02 * Sec. 42. AS 24.60.170(f) is amended to read: 03 (f) If the committee determines after investigation that there is not probable 04 cause to believe that the subject of the complaint has violated this chapter, the 05 committee shall dismiss the complaint. The committee may also dismiss portions of 06 a complaint if it finds no probable cause to believe that the subject of the complaint 07 has violated this chapter as alleged in those portions. The committee shall issue a 08 decision explaining its dismissal. Committee deliberations and vote on the 09 dismissal order and decision are not open to the public or to the subject of the 10 complaint. A copy of the dismissal order and decision shall be sent to the 11 complainant and to the subject of the complaint. Notwithstanding (l) of this section, 12 a dismissal order and decision is open to inspection and copying by the public. 13 * Sec. 43. AS 24.60.170(g) is amended to read: 14 (g) If the committee investigation determines that a probable violation of this 15 chapter exists that may be corrected by action of the subject of the complaint and that 16 does not warrant sanctions other than correction, the committee may issue an opinion 17 recommending corrective action. This opinion shall be provided to the complainant 18 and to the subject of the complaint, and is open to inspection by the public. The 19 subject of the complaint may comply with the opinion or may request a hearing before 20 the committee under (j) of this section. After the hearing, the committee may amend 21 or affirm the opinion. If the subject of the complaint agrees to comply with the 22 opinion but later fails to complete the corrective action in a timely manner, the 23 committee may formally charge the person as provided in (h) of this section or 24 may refer the matter to the appropriate house of the legislature, in the case of a 25 legislator, or, in the case of a legislative employee, to the employee's appointing 26 authority. The appropriate house of the legislature or the appointing authority, 27 as appropriate, may take action to enforce the corrective action or may decline 28 to take action and refer the matter to the committee. In either case, the 29 committee may formally charge the person under (h) of this section. 30 * Sec. 44. AS 24.60.170(h) is amended to read: 31 (h) If the subject of a complaint fails to comply with an opinion and the
01 committee decides [ISSUED] under (g) of this section to charge the person, or if the 02 committee determines after investigation that there is probable cause to believe that the 03 subject of the complaint has committed a violation of this chapter that may require 04 sanctions instead of or in addition to corrective action, the committee shall formally 05 charge the person. The charge shall be served on the person charged, in a manner 06 consistent with the service of summons under the rules of civil procedure, and a copy 07 of the charge shall be sent to the complainant. The person charged may file a 08 responsive pleading to the committee admitting or denying some or all of the 09 allegations of the charge. 10 * Sec. 45. AS 24.60.170(i) is amended to read: 11 (i) A person charged under (h) [(b)] of this section may engage in discovery 12 in a manner consistent with the Alaska Rules of Civil Procedure. The committee may 13 adopt procedures that 14 (1) impose reasonable restrictions on the time for this discovery and on 15 the materials that may be discovered; 16 (2) permit a person who is the subject of a complaint to engage in 17 discovery at an earlier stage of the proceedings; 18 (3) impose reasonable restrictions on the release of information that 19 the subject of a complaint acquires from the committee in the course of discovery, 20 or on information obtained by use of the committee's authority, in order to 21 protect the privacy of persons not under investigation to whom the information 22 pertains; however, the committee may not impose restrictions on the release of 23 information by the subject of the complaint unless the complainant has agreed to 24 be bound by similar restrictions and has not made public the information 25 contained in the complaint, information about the complaint, or the fact of filing 26 the complaint. 27 * Sec. 46. AS 24.60.170(l) is amended to read: 28 (l) Proceedings of the committee relating to complaints before it are 29 confidential until the committee determines that there is probable cause to believe that 30 a violation of this chapter has occurred. The complaint and all documents produced 31 or disclosed as a result of the committee investigation are confidential and not subject
01 to inspection by the public. If in the course of an investigation or probable cause 02 determination the committee finds evidence of probable criminal activity, the 03 committee shall transmit a statement and factual findings limited to that activity to the 04 appropriate law enforcement agency. If the committee finds evidence of a probable 05 violation of AS 15.13, the committee shall transmit a statement to that effect and 06 factual findings limited to the probable violation to the Alaska Public Offices 07 Commission. All meetings of the committee before the determination of probable 08 cause are closed to the public and to legislators who are not members of the 09 committee. However, the committee may permit the subject of the complaint to 10 attend a meeting other than the deliberations on probable cause. The 11 confidentiality provisions of this subsection may be waived by the subject of the 12 complaint, except that the subject of the complaint may not waive the 13 confidentiality duty the committee owes to others and may not require the 14 committee to deliberate in public. 15 * Sec. 47. AS 24.60.174(a) is amended to read: 16 (a) If the person found to have violated this chapter is or was a member of the 17 legislature, the committee's recommendations shall be forwarded by the chair of the 18 committee to the presiding officer of the appropriate house of the legislature. If the 19 committee recommends sanctions other than expulsion from the legislature, the 20 committee recommendation 21 (1) must include a suggested timetable for the compliance reports 22 required under (e) of this section, if any; and 23 (2) may include recommended fines that the legislature may impose 24 if the legislator who was found to have violated this chapter does not comply with 25 the sanctions imposed by the legislature in a timely manner. 26 * Sec. 48. AS 24.60.174 is amended by adding a new subsection to read: 27 (e) When a house of the legislature imposes a sanction other than expulsion 28 on a member or former member, it shall advise the committee at the time of imposing 29 the sanction of the terms it has imposed and of the timetable for compliance adopted 30 with the sanctions. A legislator or former legislator on whom sanctions other than 31 expulsion have been imposed shall report to the committee as required by the
01 timetable. If the committee determines that the legislator or former legislator has not 02 complied fully and in a timely manner with the sanctions imposed by the legislature, 03 the committee may recommend that the legislature impose a fine or additional 04 sanctions. 05 * Sec. 49. AS 24.60.176 is amended to read: 06 Sec. 24.60.176. Recommendations where violator is a legislative employee. 07 If the person found to have violated this chapter is or was a legislative employee, the 08 committee's recommendations shall be forwarded to the appropriate appointing 09 authority which shall, as soon as is reasonably possible, determine the sanctions, if 10 any, to be imposed. The appointing authority may not question the committee's 11 findings of fact. The appointing authority shall assume the validity of the committee's 12 findings [,] and determine and impose the appropriate sanctions. The appointing 13 authority has the power to impose a sanction recommended by the committee or 14 to impose a different sanction. The appointing authority shall enforce the 15 sanction and shall report to the committee at a time specified by the committee 16 concerning the employee's compliance with the sanction. 17 * Sec. 50. AS 24.60.176 is amended by adding a new subsection to read: 18 (b) In this section, "appointing authority" means 19 (1) the legislative council for employees of the Legislative Affairs 20 Agency and of the legislative council and for legislative employees not otherwise 21 covered under this subsection; 22 (2) the Legislative Budget and Audit Committee for the legislative 23 fiscal analyst and employees of the division of legislative finance, the legislative 24 auditor and employees of the division of legislative audit, and employees of the 25 Legislative Budget and Audit Committee; 26 (3) the appropriate finance committee for employees of the senate or 27 house finance committees; 28 (4) the appropriate rules committee for employees of standing 29 committees of the legislature, other than the finance committees, and employees of the 30 senate secretary's office and the office of the chief clerk of the house of 31 representatives;
01 (5) the legislator who made the hiring decision for employees of 02 individual legislators; however, the legislator may request the appropriate rules 03 committee to act in the legislator's stead; 04 (6) the ombudsman for employees of the office of the ombudsman, 05 other than the ombudsman; 06 (7) the legislature for the ombudsman. 07 * Sec. 51. AS 24.60 is amended by adding a new section to read: 08 Sec. 24.60.178. Recommended sanctions. (a) When the committee finds that 09 a person has violated this chapter, the committee may recommend appropriate 10 sanctions, including sanctions set out in (b) of this section. 11 (b) The sanctions that the committee may recommend include 12 (1) imposition of a civil penalty of not more than $5,000 for each 13 offense or twice the amount improperly gained, whichever is greater; 14 (2) divestiture of specified assets or withdrawal from specified 15 associations; 16 (3) additional, detailed disclosure, either as a public disclosure or as a 17 confidential disclosure to the committee; 18 (4) in the case of a legislative employee, suspension of employment 19 with or without pay for a stated period of time or until stated conditions are met, or 20 termination from legislative employment; 21 (5) restitution of property or reimbursement of improperly received 22 benefits; 23 (6) public or private written reprimand; 24 (7) censure, including, in the case of a legislator, removal from a 25 leadership position or committee membership and a determination that the legislator 26 will not be appointed to serve in a leadership position or on a committee during the 27 remainder of that legislature; 28 (8) placing the person on probationary status; 29 (9) in the case of a legislator, expulsion from the house of the 30 legislature; 31 (10) any other appropriate measure.
01 (c) In addition to or in place of a sanction recommended under (b) of this 02 section, the committee may recommend that the subject of a complaint be required to 03 pay all or a portion of the costs related to the investigation and adjudication of a 04 complaint. 05 * Sec. 52. AS 24.60.200 is amended to read: 06 Sec. 24.60.200. Financial disclosure by legislators, [AND] legislative 07 directors, public members of the committee, and certain legislative employees. A 08 legislator, [AND A] legislative director, public member of the committee and 09 legislative employee who is required to disclose shall file a disclosure statement, 10 under oath and on penalty of perjury, with the Alaska Public Offices Commission 11 giving the following information about the income received by the person filing the 12 disclosure, the person's spouse or spousal equivalent, the person's [THEM, THEIR 13 SPOUSES, THEIR] dependent children, and the person's [THEIR] nondependent 14 children who are living with the discloser [THEM]: 15 (1) the information that a public official is required to report under 16 AS 39.50.030; however, a person subject to disclosure requirements is not 17 required to report any gifts [, EXCEPT THAT SOURCES OF INCOME OTHER 18 THAN GIFTS OF $1,000 OR LESS, AND LOANS OF $1,000 OR LESS NEED NOT 19 BE REPORTED]; 20 (2) as to income in excess of $1,000 received as compensation for 21 personal services, the name and address of the source of the income, and a statement 22 describing the nature of the services performed; if the source of income is known or 23 reasonably should be known to have a substantial interest in legislative, administrative, 24 or political action and the recipient of the income is a person subject to disclosure 25 requirements [LEGISLATOR OR A LEGISLATIVE DIRECTOR], the amount of 26 income received from the source shall be disclosed; 27 (3) as to each loan or loan guarantee over $1,000 from a source with 28 a substantial interest in legislative, administrative, or political action, the name and 29 address of the person making the loan or guarantee, the amount of the loan, the terms 30 and conditions under which the loan or guarantee was given, the amount outstanding 31 at the time of filing, and whether or not a written loan agreement exists [;
01 (4) THE SOURCE OF A GIFT, OTHER THAN AN INHERITANCE, 02 RECEIVED DURING THE PRECEDING CALENDAR YEAR BY THE PERSON, 03 THE PERSON'S SPOUSE OR DEPENDENT CHILD, OR A NONDEPENDENT 04 CHILD OF THE PERSON WHO IS LIVING WITH THE PERSON, IF THE 05 AMOUNT OF THE GIFT EXCEEDS $100 AND IS RECEIVED FROM A PERSON 06 WHO IS NOT A MEMBER OF THE RECIPIENT'S FAMILY]. 07 * Sec. 53. AS 24.60.210 is amended to read: 08 Sec. 24.60.210. Deadlines for filing of disclosure statements. A person 09 subject to disclosure requirements [LEGISLATOR AND A LEGISLATIVE 10 DIRECTOR] shall file an annual report with the Alaska Public Offices Commission, 11 covering the previous calendar year, containing the disclosures required by 12 AS 24.60.200, on or before February [APRIL] 15 of each year. However, a 13 legislative employee who is required to disclose who was first appointed to a 14 position compensated at Range 19 or above on or after January 1 of the calendar 15 year in which the report is to be filed is required to file the report on or before 16 the 60th day after the employee was hired into the position. 17 * Sec. 54. AS 24.60.240 is amended to read: 18 Sec. 24.60.240. Civil penalty for late filing. A person subject to disclosure 19 requirements [LEGISLATOR OR A LEGISLATIVE DIRECTOR] who fails to file 20 a properly completed report under AS 24.60.200 is subject to a civil penalty of not 21 more than $10 a day for each day the delinquency continues as the Alaska Public 22 Offices Commission determines, subject to appeal to the superior court. An affidavit 23 stating facts in mitigation may be submitted to the Alaska Public Offices Commission 24 by the person against whom the civil penalty is assessed. However, the imposition of 25 the penalties prescribed in this section does not excuse the person from filing reports 26 required by AS 24.60.200. 27 * Sec. 55. AS 24.60.250 is amended to read: 28 Sec. 24.60.250. Effect of failure to file by legislative candidate. In addition 29 to the sanctions described in AS 24.60.260, if the Alaska Public Offices Commission 30 finds that a candidate for the legislature who is a person subject to disclosure 31 requirements [AN INCUMBENT LEGISLATOR OR A LEGISLATIVE DIRECTOR]
01 has failed or refused to file a report under AS 24.60.200 by a deadline established in 02 AS 24.60.210, it shall notify the lieutenant governor. The candidate shall forfeit 03 nomination to office and may not be seated in office. The lieutenant governor may 04 not certify the person's nomination for office or election to office, and nomination to 05 the office shall be certified as provided in AS 39.50.060(b). 06 * Sec. 56. AS 24.60.260(a) is amended to read: 07 (a) A person required to make a disclosure under this chapter may not 08 knowingly make a false or deliberately misleading or incomplete disclosure to the 09 committee or to the Alaska Public Offices Commission. A person who files [, OR 10 FILE] a disclosure after a deadline set by this chapter or by a regulation adopted by 11 the committee or by the Alaska Public Offices Commission has violated this chapter 12 and may be subject to imposition of a fine as provided in (c) of this section or 13 AS 24.60.240. 14 * Sec. 57. AS 24.60.260 is amended by adding a new subsection to read: 15 (c) The committee may impose a fine on a person who files a disclosure after 16 a deadline set by this chapter. The amount of the fine imposed under this subsection 17 may not exceed $2 for each day to a maximum of $100 for each disclosure for a late 18 disclosure. However, if the committee finds that a late filing was inadvertent, the 19 maximum fine the committee may impose under this subsection is $25. 20 * Sec. 58. AS 24.60.990(a)(5) is amended to read: 21 (5) "immediate family" means 22 (A) the spouse or spousal equivalent of the person; or 23 (B) a parent, child [, PARENTS, CHILDREN], including a 24 stepchild and an adoptive child, and sibling [SIBLINGS] of a person if the 25 parent, child, or sibling resides with the person, is financially dependent 26 on the person, or shares a substantial financial interest with the person; 27 * Sec. 59. AS 24.60.990(a) is amended by adding new paragraphs to read: 28 (15) "legislative employee who is required to disclose" means a 29 legislative employee, other than a legislator or a legislative director, who is 30 compensated at Range 19 or above of the state salary schedule under AS 39.27.011; 31 (16) "person subject to disclosure requirements" means a legislator,
01 legislative director, public member of the committee, or legislative employee who is 02 required to disclose; 03 (17) "spousal equivalent" means a person who is cohabiting with 04 another person in a relationship that is like a marriage but that is not a legal marriage. 05 * Sec. 60. AS 39.25.070 is amended to read: 06 Sec. 39.25.070. Powers and duties of personnel board. In addition to the 07 other duties imposed by this chapter, the personnel board shall 08 (1) approve or disapprove amendments to the personnel rules in 09 accordance with AS 39.25.140; 10 (2) consider and act upon recommendations for the extension of the 11 partially exempt service and the classified service as provided in AS 39.25.130; 12 (3) hear and determine appeals by employees in the classified service 13 as provided in AS 39.25.170; 14 (4) establish its own rules of procedure; two members constitute a 15 quorum for the transaction of business and two affirmative votes are required for final 16 action on matters acted upon by the board; 17 (5) elect a chair [CHAIRMAN] from its membership; 18 (6) have the power to administer oaths, subpoena witnesses, and compel 19 the production of books and papers pertinent to a hearing authorized by this chapter; 20 (7) employ staff members, who shall be in the classified service; 21 (8) carry out its powers and duties under AS 39.52 [RETAIN 22 INDEPENDENT COUNSEL IN ACCORDANCE WITH AS 39.52.310(c); 23 (9) APPOINT, AND REVIEW THE FINDINGS, CONCLUSIONS, 24 AND RECOMMENDATIONS OF, HEARING OFFICERS IN ACCORDANCE WITH 25 AS 39.52.350(c), 39.52.360, AND 39.52.370; 26 (10) ISSUE FINDINGS, CONCLUSIONS, AND DECISIONS 27 REGARDING VIOLATIONS OF THE CODE OF ETHICS IN AS 39.52.110 - 28 39.52.190; AND 29 (11) IMPOSE THE PENALTIES DESCRIBED IN AS 39.52.410, 30 39.52.440, AND 39.52.450]. 31 * Sec. 61. AS 39.25.160 is amended by adding a new subsection to read:
01 (j) A state employee, whether in the classified, partially exempt, or exempt 02 service, may not campaign on behalf of a political candidate on government time. 03 This subsection does not prohibit the employees of the division of elections from 04 carrying out duties related to elections or the members and employees of the 05 commission on judicial conduct from carrying out duties relating to the evaluation of 06 justices and judges. 07 * Sec. 62. AS 39.50.020 is amended to read: 08 Sec. 39.50.020. Report of financial and business interests. (a) A public 09 official as defined in AS 39.50.200 other than the governor or the lieutenant 10 governor [JUDICIAL OFFICER, COMMISSIONER, CHAIR OR MEMBER OF A 11 STATE COMMISSION OR BOARD SPECIFIED IN AS 39.50.200(b), A PERSON 12 HIRED OR APPOINTED AS HEAD OR DEPUTY HEAD OF, OR DIRECTOR OF 13 A DIVISION WITHIN, A DEPARTMENT IN THE EXECUTIVE BRANCH, A 14 PERSON APPOINTED AS ASSISTANT TO THE GOVERNOR, A STATE 15 INVESTMENT OFFICER AND THE STATE COMPTROLLER IN THE 16 DEPARTMENT OF REVENUE, AND A MUNICIPAL OFFICER] shall file a 17 statement giving income sources and business interests, under oath and on penalty of 18 perjury, within 30 days after taking office as a public official. Candidates for state 19 elective office other than a candidate who is subject to AS 24.60 shall file the [SUCH 20 A] statement with the director of elections at the time of filing a declaration of 21 candidacy or a nominating petition [,] or [WITHIN 30 DAYS OF] becoming a 22 candidate by any other means. Candidates for elective municipal office shall file the 23 [SUCH A] statement at the time of filing a nominating petition, declaration of 24 candidacy, or other required filing for the elective municipal office. Refusal or failure 25 to file within the time prescribed shall require that the candidate's filing fees, if any, 26 and filing for office be refused or that a previously accepted filing fee be returned and 27 the candidate's name removed from the filing records. A statement shall also be filed 28 by public officials no later than April 15 or 15 days after the person files a federal 29 income tax return in each following year, whichever comes first. Persons who are 30 members of boards or commissions not named in AS 39.50.200(b) are not required to 31 file financial statements.
01 (b) A public official other than an elected or appointed municipal officer 02 [THE GOVERNOR, LIEUTENANT GOVERNOR, JUDICIAL OFFICERS, EACH 03 COMMISSIONER, HEAD OR DEPUTY HEAD OF, OR DIRECTOR OF A 04 DIVISION WITHIN, A DEPARTMENT IN THE EXECUTIVE BRANCH, 05 ASSISTANT TO THE GOVERNOR, STATE INVESTMENT OFFICERS AND THE 06 STATE COMPTROLLER IN THE DEPARTMENT OF REVENUE, OR CHAIR OR 07 MEMBER OF A COMMISSION OR BOARD REQUIRED TO REPORT UNDER 08 THIS CHAPTER,] shall file the statement with the Alaska Public Offices Commission. 09 Candidates for the office of governor and lieutenant governor and, if the candidate is 10 not subject to AS 24.60, the legislature shall file the statement under AS 15.25.030 or 11 15.25.180. Municipal officers, and candidates for elective municipal office, shall file 12 with the municipal clerk or other municipal official designated to receive their filing 13 for office. All statements required to be filed under this chapter are public records. 14 * Sec. 63. AS 39.50.030(a) is amended to read: 15 (a) Each statement must [SHALL] be an accurate representation of the 16 financial affairs of the public official or candidate and must [SHALL] contain the 17 same information for each member of the person's family, as specified in (b) and (d) 18 of this section, to the extent that it is ascertainable by the public official or candidate. 19 [AN ASSET OR LIABILITY UNDER $500, HOUSEHOLD GOODS, AND 20 PERSONAL EFFECTS NEED NOT BE IDENTIFIED.] 21 * Sec. 64. AS 39.50.030(b) is amended to read: 22 (b) Each statement filed by a public official or candidate under this chapter 23 must [SHALL] include the following: 24 (1) the source of all income over $1,000 [$100] during the preceding 25 calendar year, including taxable and nontaxable capital gains, received by the person, 26 the person's spouse or dependent child, or a nondependent child of the person who is 27 living with that person, except that a source of income that is a gift must be 28 included if the value of the gift exceeds $250; 29 (2) the identity, by name and address, of each business in which the 30 person, the person's spouse or dependent child, or a nondependent child of the person 31 who is living with that person was a stockholder, owner, officer, director, partner,
01 proprietor, or employee during the preceding calendar year; 02 (3) the identity and nature of each interest owned in any business 03 during the preceding calendar year by the person, the person's spouse or dependent 04 child, or a nondependent child of the person who is living with that person; 05 (4) the identity and nature of each interest in real property, including 06 an option to buy, owned at any time during the preceding calendar year by the person, 07 the person's spouse or dependent child, or a nondependent child of the person who is 08 living with that person; 09 (5) the identity of each trust or other fiduciary relation in which the 10 person, the person's spouse or dependent child, or a nondependent child of the person 11 who is living with that person held a beneficial interest exceeding $1,000 during the 12 preceding calendar year, a description and identification of the property contained in 13 each trust or relation, and the nature and extent of the beneficial interest in it; 14 (6) any loan or loan guarantee of more than $1,000 made to the 15 person, the person's spouse or dependent child, or a nondependent child of the person 16 who is living with that person, and the identity of the maker of the loan or loan 17 guarantor and the identity of each creditor to whom the person, the person's spouse or 18 dependent child, or a nondependent child of the person who lives with that person 19 owed more than $1,000; this paragraph requires disclosure of a loan, loan 20 guarantee, or indebtedness only if the loan or guarantee was made, or the 21 indebtedness incurred, during the preceding calendar year, or if the amount still 22 owing on the loan, loan guarantee, or indebtedness was more than $1,000 at any 23 time during the preceding calendar year [$500 OR MORE]; 24 (7) a list of all contracts and offers to contract with the state or an 25 instrumentality of the state during the preceding calendar year held, bid, or offered by 26 the person, the person's spouse or dependent child, a nondependent child of the person 27 who is living with that person, a partnership or professional corporation of which 28 the person is a member [THE PERSON'S MOTHER OR FATHER], or a corporation 29 in which the person or the person's spouse or children, or a combination of them, hold 30 a controlling interest; and 31 (8) a list of all mineral, timber, oil, or any other natural resource lease
01 held, or lease offer made, during the preceding calendar year by the person, the 02 person's spouse or dependent child, a nondependent child of the person who is living 03 with that person, [THE PERSON'S MOTHER OR FATHER,] a partnership or 04 professional corporation of which the person is a member, or a corporation in which 05 the person or the person's spouse or children, or a combination of them, holds a 06 controlling interest. 07 * Sec. 65. AS 39.50.030 is amended by adding new subsections to read: 08 (d) In addition to the requirements of (b) of this section, each statement filed 09 by a state official under this chapter must include a disclosure of the formation or 10 maintenance of a close economic association involving a substantial financial matter 11 as required by this subsection. The disclosure must be sufficiently detailed that a 12 reader can ascertain the nature of the association. A state official shall disclose a close 13 economic association with 14 (1) a supervisor who is not a public officer who has responsibility or 15 authority either directly or indirectly over the person's employment, including 16 preparing or reviewing performance evaluations, or granting or approving pay raises 17 or promotions; 18 (2) a legislator; 19 (3) a public official who is not an appointed or elected municipal 20 officer; or 21 (4) a public officer if the person required to make the disclosure is the 22 governor or the lieutenant governor. 23 (e) If a state official forms a close economic association after the date on 24 which the official files the financial disclosure statement required by (a) of this section, 25 disclosure of the association must be made to the official's designated supervisor 26 within 60 days after the formation of the association. 27 (f) In this section, 28 (1) "close economic association" means a financial relationship that 29 exists between a state official and some other person or entity, including a relationship 30 where the state official serves as a consultant or advisor to, is a member or 31 representative of, or has a financial interest in an association, partnership, business, or
01 corporation; 02 (2) "designated supervisor" has the meaning given in AS 39.52.960; 03 (3) "public officer" has the meaning given in AS 39.52.960; 04 (4) "state official" has the meaning given in AS 39.52.960. 05 * Sec. 66. AS 39.50.070 is amended to read: 06 Sec. 39.50.070. Failure to report by certain state employees 07 [DEPARTMENT, DIVISION, OR DEPUTY DEPARTMENT HEADS]. A person 08 hired or appointed as the head or deputy head of, or director of a division within, a 09 department in the executive branch or another state employee subject to this chapter 10 who refuses or fails to file a report of financial interests required under this chapter 11 when due may not hold office, and the person's name may not be submitted to the 12 legislature for confirmation, until the person complies. The person may not be 13 confirmed, hired, or appointed, and the person forfeits and may not be paid any salary, 14 per diem, or travel expenses, until the person complies. If, after installation as the 15 head or deputy head of, or director of a division within, a department, or, for other 16 state employees, after beginning employment in the position subject to this 17 chapter, the person refuses or fails to file the required statement when due, the person 18 is guilty of a misdemeanor and upon conviction is punishable by a fine of not less than 19 $100 nor more than $1,000 and shall be removed from office if compliance is not 20 made within 30 days after the due date of the report. 21 * Sec. 67. AS 39.50.080 is amended to read: 22 Sec. 39.50.080. Failure to report by a commission or board chair 23 [CHAIRMAN] or member. A person hired or appointed as a commissioner, chair, 24 [CHAIRMAN] or member of a state commission or board specified in 25 AS 39.50.200(b), including the executive director of the Alaska Tourism Marketing 26 Council, who 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 until the person complies. The person may not be confirmed, and the 29 person forfeits and may not be paid any salary, per diem or travel expenses, until the 30 person complies. If, after being seated as commissioner, chair, [CHAIRMAN] or 31 member of the [SUCH A] commission or board the person refuses or fails to file the
01 required statement when due, the person is guilty of a misdemeanor and upon 02 conviction is punishable by a fine of not less than $100 nor more than $1,000 and 03 shall be removed from office if compliance is not made within 30 days after the due 04 date. 05 * Sec. 68. AS 39.50.200(a)(8) is amended to read: 06 (8) "public official" means a judicial officer, the governor, the 07 lieutenant governor, a person hired or appointed as the head or deputy head of [, OR 08 DIRECTOR OF A DIVISION,] a department in the executive branch or as the 09 director of a division in a department in the executive branch, [AN ASSISTANT 10 TO THE GOVERNOR,] chair or member of a state commission or board, [STATE 11 INVESTMENT OFFICERS AND THE STATE COMPTROLLER IN THE 12 DEPARTMENT OF REVENUE,] the executive director of the Alaska Tourism 13 Marketing Council, another state employee subject to this chapter, and each 14 appointed or elected municipal officer; 15 * Sec. 69. AS 39.50.200(a) is amended by adding a new paragraph to read: 16 (10) "another state employee subject to this chapter" 17 (A) means a state employee who is employed in a position in 18 the executive branch of state government in the exempt or partially exempt 19 service and who is compensated at Range 19 or above on the state salary 20 schedule under AS 39.27.011 or at more than $4,200 per month; and 21 (B) means an assistant to the governor, an assistant to the 22 lieutenant governor, a state investment officer, and the state comptroller in the 23 Department of Revenue; but 24 (C) does not include a state officer or employee who is 25 otherwise included in the definition of "public official" under this section; and 26 (D) does not include an employee who is a member of a 27 collective bargaining unit. 28 * Sec. 70. AS 39.52.010(a) is amended to read: 29 (a) It is declared that 30 (1) [THAT] high moral and ethical standards among public officers in 31 the executive branch are essential to assure the trust, respect, and confidence of the
01 people of this state; [TO THE CONDUCT OF FREE GOVERNMENT; AND] 02 (2) [THAT THE LEGISLATURE BELIEVES THAT] a code of ethics 03 for the guidance of public officers will 04 (A) discourage those officers from acting upon personal or 05 financial interests in the performance of their public responsibilities; 06 (B) [, WILL] improve standards of public service; and 07 (C) [, AND WILL] promote and strengthen the faith and 08 confidence of the people of this state in their public officers; 09 (3) [. IT IS FURTHER DECLARED THAT] holding public office or 10 employment is a public trust and that as one safeguard of that trust, the people require 11 public officers to adhere to a code of ethics; 12 (4) a fair and open government requires that executive branch 13 public officers conduct the public's business in a manner that preserves the 14 integrity of the governmental process and avoids conflicts of interest or even 15 appearances of conflicts of interest; 16 (5) in order for the rules governing conduct to be respected both 17 during and after leaving public service, the code of ethics must be administered 18 fairly without bias or favoritism; 19 (6) no code of conduct, however comprehensive, can anticipate all 20 situations in which violations may occur nor can it prescribe behaviors that are 21 appropriate to every situation; in addition, laws and regulations regarding ethical 22 responsibilities cannot legislate morality, eradicate corruption, or eliminate bad 23 judgment; and 24 (7) compliance with a code of ethics is an individual responsibility; 25 thus all who serve the state have a solemn responsibility to avoid improper 26 conduct and prevent improper behavior by colleagues and subordinates. 27 * Sec. 71. AS 39.52.110(c) is amended to read: 28 (c) Designated [THE ATTORNEY GENERAL, DESIGNATED] supervisors, 29 hearing officers, and the personnel board must be guided by this section when issuing 30 opinions and reaching decisions. 31 * Sec. 72. AS 39.52.120(b) is amended to read:
01 (b) A public officer may not 02 (1) seek other employment or contracts through the use or attempted 03 use of official position; 04 (2) accept, receive, or solicit compensation for the performance of 05 official duties or responsibilities from a person other than the state; this paragraph 06 may not be construed to prohibit the governor or the lieutenant governor from 07 the lawful solicitation for and acceptance of campaign contributions or a public 08 officer from the acceptance of a lawful gift, other than a campaign contribution, 09 under AS 39.52.130; 10 (3) use state time, property, equipment, or other facilities to benefit 11 personal or financial interests; 12 (4) take or withhold official action in order to affect a matter in which 13 the public officer has a personal or financial interest; or 14 (5) attempt to benefit a personal or financial interest through coercion 15 of a subordinate. 16 * Sec. 73. AS 39.52 is amended by adding a new section to read: 17 Sec. 39.52.125. Misuse of official position by state officials. (a) In addition 18 to the prohibitions under AS 39.52.120, a state official may not 19 (1) take or withhold official action or exert official influence that could 20 substantially benefit or harm the financial interest of a person with whom the state 21 official is negotiating for employment; 22 (2) knowingly seek, accept, use, allocate, grant, or award public funds 23 for a purpose other than that approved by law, or make a false statement in connection 24 with a claim, request, or application for compensation, reimbursement, or travel 25 allowances from public funds; 26 (3) require another public officer to perform services for the private 27 benefit of the state official at any time, or allow a public officer to perform services 28 for the private benefit of the state official on government time; or 29 (4) use or authorize the use of state funds, facilities, equipment, 30 services, or another government asset or resource for the purpose of political fund 31 raising or campaigning.
01 (b) Except for the governor and the lieutenant governor, a state official may 02 not on government time assist in political party or candidate activities, campaigning, 03 or fund raising. A state official, including the governor and the lieutenant governor, 04 may not require another public officer to perform an act in violation of this subsection. 05 (c) Unless approved by the personnel board, during a campaign period for an 06 election in which the state official is a candidate, a state official may not use or permit 07 another to use state funds to print or distribute a political mass mailing to individuals 08 eligible to vote for the candidate. In this subsection, 09 (1) a "campaign period" is the period that 10 (A) begins 90 days before an election to the board of an electric 11 or telephone cooperative organized under AS 10.25, a municipal election, or 12 a primary election or that begins on the date of the governor's proclamation 13 calling a special election; and 14 (B) ends the day after the cooperative election, municipal 15 election, or the general or special election; 16 (2) a mass mailing is considered to be political if it is from or about 17 a 18 (A) state official who is a candidate for election to a federal, 19 state, or municipal elective office or to the board of a telephone or electric 20 cooperative; 21 (B) another person who is a candidate for election to a federal, 22 state, or municipal elective office or to the board of a telephone or electric 23 cooperative. 24 (d) A state official, or another person on behalf of the official, or a campaign 25 committee of the official, may not distribute or post campaign literature, placards, 26 posters, fund-raising notices, or other communications intended to influence the 27 election of a candidate in an election in public areas in a facility ordinarily used to 28 conduct state government business. 29 (e) A state official may not directly, or by authorizing another to act on the 30 official's behalf, 31 (1) agree to, threaten to, or state or imply that the official will take or
01 withhold an official action as a result of a person's decision to provide or not provide 02 a political contribution, donate or not donate to a cause favored by the official, or 03 provide or not provide a thing of value; or 04 (2) state or imply that the official will perform or refrain from 05 performing a lawful governmental service as a result of a person's decision to provide 06 or not provide a political contribution, donate or not donate to a cause favored by the 07 official or provide or not provide a thing of value. 08 (f) A state official may serve on a board of an organization, including a 09 governmental entity, that regularly has a substantial interest in the official actions of 10 the official, if the official discloses the board membership to the personnel board. 11 (g) In this section, when determining whether a state official is considered to 12 be performing a task on government time, the personnel board shall consider the 13 official's work schedule as set by the official's immediate supervisor, if any. An 14 official other than the governor and lieutenant governor who engages in political 15 campaign activities other than incidental campaign activities as described in this 16 subsection during the work day shall take leave for the period of campaigning. 17 Political campaign activities while on government time are permissible if the activities 18 are part of the normal governmental duties of the official, including answering 19 telephone calls and handling of incoming correspondence. 20 * Sec. 74. AS 39.52.130(c) is amended to read: 21 (c) In accordance with AS 39.52.240, a designated supervisor or a state 22 official may request guidance from the personnel board [ATTORNEY GENERAL] 23 concerning whether acceptance of a particular gift is prohibited. 24 * Sec. 75. AS 39.52.130 is amended by adding new subsections to read: 25 (e) In addition to the requirements of (a) and (b) of this section, and except 26 as provided in (f) - (n) of this section, a state official may not solicit, accept, or 27 receive, directly or indirectly, a gift worth $250 or more, whether in the form of 28 money, service, loan, travel, entertainment, hospitality, employment, promise, or in any 29 other form, or gifts from the same person worth less than $250 that in a calendar year 30 aggregate to $250 or more in value. Except for food or beverage for immediate 31 consumption, a state official may not solicit, accept, or receive during a legislative
01 session a gift with any monetary value from a lobbyist or a person acting on behalf 02 of a lobbyist. 03 (f) A state official who accepts a gift under (g)(4) of this section shall disclose 04 the gift if it has a value in excess of $250, including the name and occupation of the 05 giver and a description of the gift and its approximate value, to the personnel board 06 within 30 days after the date of its receipt. Except as provided in (j) of this section, 07 a gift under (g)(6) of this section that has a value of $250 or more shall be disclosed 08 to the personnel board annually on or before February 15 of the following calendar 09 year; the disclosure must include only a description of the gift and the identity of the 10 donor. The personnel board shall maintain a public record of the disclosures received 11 of gifts under (g)(4) of this section. Disclosures relating to gifts under (g)(6) of this 12 section shall be maintained but are confidential and may only be used by the attorney 13 general or the personnel board and its employees and contractors in the investigation 14 of a possible violation of this section or in a proceeding under AS 39.52.310 - 15 39.52.390. If the disclosures become part of the record of a proceeding under 16 AS 39.52.310 - 39.52.390, the confidentiality provisions in AS 39.52.340 apply to the 17 disclosures. The personnel board shall forward disclosures it receives from a state 18 official concerning gifts under (g)(4) of this section to the Alaska Public Offices 19 Commission. 20 (g) Notwithstanding (e) of this section, it is not a violation of this section for 21 a state official to accept 22 (1) hospitality, other than hospitality described in (4) of this subsection 23 (A) with incidental transportation at the residence of a person; 24 however, a vacation home located outside the state is not considered a 25 residence for the purposes of this subparagraph; or 26 (B) at a social event or meal; 27 (2) discounts that are available 28 (A) generally to the public or to a large class of persons to 29 which the person belongs; or 30 (B) when on state business; 31 (3) food or foodstuffs indigenous to the state that are shared generally
01 as a cultural or social norm; 02 (4) travel and hospitality primarily for the purpose of obtaining 03 information on matters of governmental concern; 04 (5) gifts from the immediate family of the person; or 05 (6) gifts that are not connected with the recipient's governmental status. 06 (h) Notwithstanding (e) of this section, a state official may accept a gift of 07 property worth $250 or more, other than money, from a foreign government or from 08 the government of the United States or another state or from an official of a foreign 09 government or of the government of the United States or another state if the person 10 accepts the gift on behalf of the state. The person shall, within 60 days after receiving 11 the gift, deliver the gift to the Office of the Governor, which shall determine the 12 appropriate disposition of the gift. 13 (i) Notwithstanding (e) of this section, a state official may solicit, accept, or 14 receive a gift on behalf of a recognized, nonpolitical charitable organization in 15 accordance with guidelines adopted by the personnel board. 16 (j) A state official who receives an inheritance from a person other than a 17 family member shall disclose the fact of the receipt of an inheritance and the identity 18 of the person from whom it was received to the personnel board within 60 days after 19 receiving notice of the inheritance. The personnel board shall maintain a public record 20 of the disclosure. This subsection does not require disclosure of the value of the 21 inheritance. 22 (k) A state official or public agency may accept (1) a gift of volunteer services 23 for governmental purposes so long as the person making the gift of services is not 24 receiving compensation from another source for the services or (2) a gift of the 25 services of a trainee who is participating in an educational program approved by the 26 personnel board if the services are used for governmental purposes. The personnel 27 board shall approve training under a program of the University of Alaska and training 28 under 29 U.S.C. 1501 - 1792b (Job Training Partnership Act). A governmental 29 volunteer or educational trainee shall be considered to be a public employee for 30 purposes of compliance with this chapter other than AS 39.52.150, 39.52.155, and 31 39.52.160. If a person believes that a governmental volunteer or educational trainee
01 has violated the provisions of one of those sections, the person may file a complaint 02 under AS 39.52.310. The provisions of AS 39.52.310 - 39.52.390 apply to the 03 proceeding. This subsection does not permit a state official to accept a gift of services 04 for nongovernmental purposes. 05 (l) A state official who knows or reasonably ought to know that a family 06 member has received a gift because of the family member's connection with the 07 official's public office shall report the receipt of the gift by the family member to the 08 personnel board if the gift would have to be reported under this section if it had been 09 received by the public officer or if receipt of the gift by a public officer would be 10 prohibited under this section. 11 (m) In this section, the value of a gift shall be determined by the fair market 12 value of the gift to the extent that the fair market value can be determined. 13 (n) In this section, "immediate family" or "family member" means 14 (1) the spouse of the person; 15 (2) another person cohabiting with the person in a conjugal relationship 16 that is not a legal marriage; 17 (3) a child, including a stepchild and an adoptive child, of the person; 18 (4) a parent, sibling, grandparent, aunt, or uncle of the person; and 19 (5) a parent, sibling, grandparent, aunt, or uncle of the person's spouse. 20 * Sec. 76. AS 39.52 is amended by adding new sections to read: 21 Sec. 39.52.132. Restrictions on fund raising. (a) A state official, including 22 the governor and the lieutenant governor, may not 23 (1) on a day when either house of the legislature is in regular or special 24 session, solicit or accept a contribution or a promise or pledge to make a contribution 25 for a candidate for state office; 26 (2) accept money from an event held on a day when either house of the 27 legislature is in regular or special session if a substantial purpose of the event is to 28 raise money on behalf of the state official for a campaign for state office; or 29 (3) expend money in a campaign for state office that was raised by or 30 on behalf of a state official on a day when either house of the legislature was in a 31 legislative session under a declaration of candidacy or general letter of intent to
01 become a candidate for public office. 02 (b) In this section, "contribution" has the meaning given in AS 15.13.400. 03 Sec. 39.52.134. Restrictions on employee candidacies. A state official, other 04 than the governor and the lieutenant governor, may not file a letter of intent to become 05 a candidate or file a declaration of candidacy for the legislature. 06 Sec. 39.52.136. Open meetings law. State officials shall abide by the open 07 meetings law under AS 44.62.310 - 44.62.312. 08 * Sec. 77. AS 39.52.150(d) is amended to read: 09 (d) A public officer shall report in writing to the personnel board and the 10 designated supervisor a personal or financial interest held by the officer, or an 11 immediate family member, in a state grant, contract, lease, or loan that is awarded, 12 executed, or administered by the agency the officer serves. 13 * Sec. 78. AS 39.52 is amended by adding a new section to read: 14 Sec. 39.52.155. Disclosure of close economic associations. (a) A state 15 official shall disclose to the official's designated supervisor and to the Alaska Public 16 Offices Commission, which shall maintain a public record of the disclosure, the 17 formation or maintenance of a close economic association involving a substantial 18 financial matter with 19 (1) a supervisor who is not a public officer who has responsibility or 20 authority, either directly or indirectly, over the person's employment, including 21 preparing or reviewing performance evaluations, or granting or approving pay raises 22 or promotions; 23 (2) legislators; 24 (3) a public official who is required to file a financial disclosure 25 statement under AS 39.50 and is not an appointed municipal officer; 26 (4) a registered lobbyist; or 27 (5) a public officer if the person required to make the disclosure is the 28 governor or the lieutenant governor. 29 (b) A state official required to make a disclosure under this section shall make 30 an annual disclosure no later than February 15 of each year of the individual's close 31 economic associations then in existence. If the official forms a close economic
01 association after that date, the disclosure must be made within 60 days after forming 02 the association. A disclosure under this section must be sufficiently detailed that a 03 reader of the disclosure can ascertain the nature of the association. 04 (c) When making a disclosure under (a) of this section concerning a 05 relationship with a lobbyist to whom the state official is married or who is the 06 official's spousal equivalent, the state official shall also disclose the name and address 07 of each employer of the lobbyist and the total monetary value received from the 08 lobbyist's employer. The state official shall report changes in the employer of the 09 spouse or spousal equivalent within 48 hours after the change. In this subsection, 10 (1) "employer of the lobbyist" means the person from whom the 11 lobbyist received amounts or things of value for engaging in lobbying on behalf of 12 the person; 13 (2) "spousal equivalent" means a person cohabiting with the state 14 official in a conjugal relationship that is not a legal marriage. 15 (d) In this section, "close economic association" means a financial relationship 16 that exists between a state official and some other person or entity, including but not 17 limited to relationships where the state official serves as a consultant or advisor to, is 18 a member or representative of, or has a financial interest in, any association, 19 partnership, business, or corporation. 20 * Sec. 79. AS 39.52.170 is amended to read: 21 Sec. 39.52.170. Outside employment restricted. (a) A public employee may 22 not render services to benefit a personal or financial interest or engage in or accept 23 employment outside the agency which the employee serves, if the outside employment 24 or service is incompatible or in conflict with the proper discharge of official duties or, 25 in the case of a state official, if the compensation sought or accepted for the 26 personal services is significantly greater than the value of the services rendered, 27 taking into account the higher rates generally charged by specialists in a 28 profession. 29 (b) A public employee rendering services for compensation, or engaging in 30 employment outside the employee's agency, shall report by July 1 of each year the 31 outside services or employment to the personnel board and to the employee's
01 designated supervisor. During the year, any change in an employee's outside service 02 or employment activity must be reported to the designated supervisor as it occurs. 03 * Sec. 80. AS 39.52.170 is amended by adding a new subsection to read: 04 (c) A state official may not accept a payment of anything of value, except for 05 actual and necessarily incurred travel expenses, for an appearance or speech by the 06 state official; this subsection does not apply to the salary paid to a state official for 07 making an appearance or speech as part of the official's normal course of employment. 08 * Sec. 81. AS 39.52.180(b) is amended to read: 09 (b) Except as provided in (d) of this section, this [THIS] section does not 10 prohibit an agency from contracting with a former public officer to act on a matter on 11 behalf of the state. 12 * Sec. 82. AS 39.52.180(c) is amended to read: 13 (c) Except as provided in (d) of this section, and, in the case of a state 14 official, only after the elapse of one year from the date the state official left state 15 service, the [THE] head of an agency may waive application of (a) of this section 16 after determining that representation by a former public officer is not adverse to the 17 public interest. The waiver must be in writing and a copy of the waiver must be 18 provided to the attorney general for approval or disapproval. 19 * Sec. 83. AS 39.52.180 is amended by adding a new subsection to read: 20 (d) An agency may not enter into a contract with a state official who has left 21 state service and the head of an agency may not waive application of (a) of this section 22 if the purpose of the proposed contract or representation includes lobbying before a 23 state agency or the state legislature. 24 * Sec. 84. AS 39.52.210 is amended to read: 25 Sec. 39.52.210. Declaration of potential violations by public employees. (a) 26 A public employee who is involved in a matter that may result in a violation of 27 AS 39.52.110 - 39.52.190 shall 28 (1) refrain from taking any official action relating to the matter until 29 a determination is made under this section; and 30 (2) immediately disclose the matter in writing to the designated 31 supervisor and the personnel board.
01 (b) A public employee's designated supervisor shall make a written 02 determination whether an employee's involvement violates AS 39.52.110 - 39.52.190 03 and shall provide a copy of the written determination to the public employee and 04 to the personnel board. If the supervisor determines that a violation could exist or 05 will occur, the supervisor shall, 06 (1) reassign duties to cure the employee's potential violation, if feasible; 07 or 08 (2) direct the divestiture or removal by the employee of the personal 09 or financial interests that give rise to the potential violation. 10 (c) A state official or a designated supervisor may request guidance from the 11 personnel board [ATTORNEY GENERAL], in accordance with AS 39.52.240, when 12 determining whether a public employee is involved in a matter that may result in a 13 violation of AS 39.52.110 - 39.52.190. 14 * Sec. 85. AS 39.52.220 is amended to read: 15 Sec. 39.52.220. Declaration of potential violations by members of boards 16 or commissions. (a) A member of a board or commission who is involved in a 17 matter that may result in a violation of AS 39.52.110 - 39.52.190 shall disclose the 18 matter on the public record and in writing to the designated supervisor and to the 19 personnel board. The supervisor shall determine whether the member's involvement 20 violates AS 39.52.110 - 39.52.190 and shall provide a copy of the written 21 determination to the board or commission member and to the personnel board. 22 If a member of the board or commission objects to the ruling of the supervisor, or if 23 the supervisor discloses an involvement requiring a determination, the members present 24 at a meeting, excluding the involved member, shall vote on the matter. If the 25 supervisor or a majority of the members voting determine that a violation will exist 26 if the member continues to participate, the member shall refrain from voting, 27 deliberating, or participating in the matter. 28 (b) The member of the board or commission, the designated supervisor, or 29 the board or commission may request guidance from the personnel board 30 [ATTORNEY GENERAL], in accordance with AS 39.52.240, when determining 31 whether a member of a board or commission is involved in a matter that may result
01 in a violation of AS 39.52.110 - 39.52.190. 02 * Sec. 86. AS 39.52.230 is amended to read: 03 Sec. 39.52.230. Reporting of potential violations. A person may report to 04 a public officer's designated supervisor, under oath and in writing, a potential violation 05 of AS 39.52.110 - 39.52.190 by the public officer. The supervisor shall provide a 06 copy of the report to the officer who is the subject of the report and to the personnel 07 board, and shall review the report to determine whether a violation may exist. The 08 supervisor shall act in accordance with AS 39.52.210 or 39.52.220 if the supervisor 09 determines that the matter may result in a violation of AS 39.52.110 - 39.52.190. 10 * Sec. 87. AS 39.52.240(a) is amended to read: 11 (a) Upon the written request of a state official, designated supervisor, or a 12 board or commission, the personnel board [ATTORNEY GENERAL] shall issue 13 opinions interpreting this chapter. The requester must supply any additional 14 information requested by the personnel board [ATTORNEY GENERAL] in order to 15 issue the opinion. Within 60 days after receiving a complete request, the personnel 16 board [ATTORNEY GENERAL] shall issue an advisory opinion on the question. 17 * Sec. 88. AS 39.52.240(b) is amended to read: 18 (b) The personnel board [ATTORNEY GENERAL] may offer oral advice if 19 delay would cause substantial inconvenience or detriment to the requesting party. 20 * Sec. 89. AS 39.52.240(c) is amended to read: 21 (c) In the case of a request for advice from a designated supervisor or a 22 board or commission, the [THE] designated supervisor or the [A] board or 23 commission shall make a written determination based on the advice of the personnel 24 board [ATTORNEY GENERAL]. If the advice [OF THE ATTORNEY GENERAL] 25 provides more than one way for a public officer to avoid or correct a problem found 26 under AS 39.52.110 - 39.52.190, the designated supervisor or the board or commission 27 shall, after consultation with the officer, determine the alternative that is most 28 appropriate and advise the officer of any action required of the officer to avoid or 29 correct the problem. 30 * Sec. 90. AS 39.52.240(e) is amended to read: 31 (e) The personnel board [ATTORNEY GENERAL] may reconsider, revoke,
01 or modify an advisory opinion at any time, including upon a showing that material 02 facts were omitted or misstated in the request for the opinion. 03 * Sec. 91. AS 39.52.240(h) is amended to read: 04 (h) The personnel board [ATTORNEY GENERAL] shall publish in the 05 Alaska Administrative Journal, with sufficient deletions to prevent disclosure of the 06 persons whose identities are confidential under (g) of this section, the advisory 07 opinions issued under this section that the personnel board [ATTORNEY GENERAL] 08 determines to be of major import because of their general applicability to executive 09 branch officers. 10 * Sec. 92. AS 39.52.250 is amended to read: 11 Sec. 39.52.250. Advice to former public officers. (a) A former public 12 officer may request, in writing, an opinion from the personnel board [ATTORNEY 13 GENERAL] interpreting this chapter. The personnel board [ATTORNEY 14 GENERAL] shall give advice in accordance with AS 39.52.240(a) or (b) and publish 15 opinions in accordance with AS 39.52.240(h). 16 (b) A former public officer is not liable under this chapter for any action 17 carried out in accordance with the advice of the personnel board [ATTORNEY 18 GENERAL] issued under this section, if the public officer fully disclosed all relevant 19 facts reasonably necessary to the issuance of the advice. 20 * Sec. 93. AS 39.52.260 is amended to read: 21 Sec. 39.52.260. Designated supervisor's report and personnel board 22 [ATTORNEY GENERAL] review. (a) A designated supervisor shall quarterly 23 submit a report to the personnel board that [ATTORNEY GENERAL WHICH] states 24 the facts, circumstances, and disposition of any disclosure made under AS 39.52.210 - 25 39.52.240. 26 (b) The personnel board [ATTORNEY GENERAL] shall review 27 determinations reported under this section. The personnel board [ATTORNEY 28 GENERAL] may request additional information from a supervisor concerning a 29 specific disclosure and its disposition. 30 (c) The report prepared under this section is confidential and not available for 31 public inspection unless formal proceedings under AS 39.52.350 are initiated based on
01 the report. If formal proceedings are initiated, the relevant portions of the report are 02 public documents open to inspection. The personnel board [ATTORNEY 03 GENERAL] shall, however, make available to the public a summary of the reports 04 received under this section, with sufficient deletions to prevent disclosure of a person's 05 identity. 06 * Sec. 94. AS 39.52.310(a) is amended to read: 07 (a) The personnel board [ATTORNEY GENERAL] may initiate a complaint, 08 or elect to treat as a complaint, any matter disclosed under AS 39.52.210, 39.52.220, 09 39.52.250, or 39.52.260. 10 * Sec. 95. AS 39.52.310(b) is amended to read: 11 (b) A person may file a complaint with the personnel board [ATTORNEY 12 GENERAL] regarding the conduct of a current or former public officer. A complaint 13 must be in writing, be signed under oath, and contain a clear statement of the details 14 of the alleged violation. 15 * Sec. 96. AS 39.52.310(c) is amended to read: 16 (c) If a complaint alleges a violation of AS 39.52.110 - 39.52.190 by the 17 governor, lieutenant governor, or the attorney general, the [MATTER SHALL BE 18 REFERRED TO THE PERSONNEL BOARD. THE] personnel board shall retain 19 independent counsel who shall act in the place of the attorney general under 20 AS 39.52.350 [(d) - (i) OF THIS SECTION, AS 39.52.320 - 39.52.350,] and 21 39.52.360(c) and (d). 22 * Sec. 97. AS 39.52.310(d) is amended to read: 23 (d) The personnel board [ATTORNEY GENERAL] shall review each 24 complaint filed, to determine whether it is properly completed and contains allegations 25 which, if true, would constitute conduct in violation of this chapter. The personnel 26 board [ATTORNEY GENERAL] may require the complainant to provide additional 27 information before accepting the complaint. If the personnel board [ATTORNEY 28 GENERAL] determines that the allegations in the complaint do not warrant an 29 investigation, the personnel board [ATTORNEY GENERAL] shall dismiss the 30 complaint with notice to the complainant and the subject of the complaint. 31 * Sec. 98. AS 39.52.310(e) is amended to read:
01 (e) The personnel board [ATTORNEY GENERAL] may refer a complaint 02 to the subject's designated supervisor for resolution under AS 39.52.210 or 39.52.220. 03 * Sec. 99. AS 39.52.310(f) is amended to read: 04 (f) If the personnel board [ATTORNEY GENERAL] accepts a complaint for 05 investigation, the personnel board [ATTORNEY GENERAL] shall serve a copy of 06 the complaint upon the subject of the complaint, for a response. The personnel board 07 [ATTORNEY GENERAL] may require the subject to provide, within 20 days after 08 service, full and fair disclosure in writing of all facts and circumstances pertaining to 09 the alleged violation. Misrepresentation of a material fact in a response to the 10 personnel board [ATTORNEY GENERAL] is a violation of this chapter. Failure to 11 answer within the prescribed time, or within any additional time period that may be 12 granted in writing by the personnel board [ATTORNEY GENERAL], may be 13 considered an admission of the allegations in the complaint. 14 * Sec. 100. AS 39.52.310(g) is amended to read: 15 (g) If a complaint is accepted under (f) of this section, the personnel board 16 [ATTORNEY GENERAL] shall investigate to determine whether a violation of this 17 chapter has occurred. At any stage of an investigation or review, the personnel board 18 [ATTORNEY GENERAL] may issue a subpoena under AS 39.52.380. 19 * Sec. 101. AS 39.52.320 is amended to read: 20 Sec. 39.52.320. Dismissal before formal proceedings. If, after investigation, 21 it appears that there is no probable cause to believe that a violation of this chapter has 22 occurred, the personnel board [ATTORNEY GENERAL] shall dismiss the complaint 23 and [PREPARE AND FILE A CONFIDENTIAL SUMMARY WITH THE 24 PERSONNEL BOARD. THE ATTORNEY GENERAL] shall communicate 25 disposition of the matter promptly to the complainant and to the subject of the 26 complaint. 27 * Sec. 102. AS 39.52.330 is amended to read: 28 Sec. 39.52.330. Corrective or preventive action. After determining that the 29 conduct of the subject of a complaint does not warrant a hearing under AS 39.52.360, 30 the personnel board [ATTORNEY GENERAL] shall recommend action to correct or 31 prevent a violation of this chapter. The personnel board [ATTORNEY GENERAL]
01 shall communicate the recommended action to the complainant and the subject of the 02 complaint. The subject of the complaint shall comply with the personnel board's 03 [ATTORNEY GENERAL'S] recommendation. 04 * Sec. 103. AS 39.52.340(a) is amended to read: 05 (a) Before the initiation of formal proceedings under AS 39.52.350, 06 information regarding an investigation conducted under this chapter, or obtained by the 07 personnel board [ATTORNEY GENERAL] during the investigation, is confidential. 08 The personnel board [ATTORNEY GENERAL] and all persons contacted during the 09 course of an investigation shall maintain confidentiality regarding the existence of the 10 investigation. A person who violates this section is guilty of a class A misdemeanor. 11 * Sec. 104. AS 39.52.350 is amended to read: 12 Sec. 39.52.350. Probable cause for hearing. (a) If the personnel board 13 [ATTORNEY GENERAL] determines that there is probable cause to believe that a 14 knowing violation of this chapter or a violation that cannot be corrected under 15 AS 39.52.330 has occurred, or that the subject of a complaint failed to comply with 16 a recommendation for corrective or preventive action, the personnel board 17 [ATTORNEY GENERAL] shall initiate formal proceedings by requesting the 18 attorney general to serve [SERVING] a copy of an accusation upon the subject of 19 the accusation. The accusation shall specifically set out the alleged violation. After 20 service, the accusation is a public document open to inspection. Except as provided 21 in AS 39.52.370(c), all subsequent proceedings are open to the public. 22 (b) The subject of the accusation shall file an answer with the personnel 23 board and the attorney general within 20 days after service of the accusation, or at 24 a later time specified by the personnel board [ATTORNEY GENERAL]. If the 25 subject of the accusation fails to timely answer, the allegations are considered 26 admitted. 27 (c) If the subject of the accusation denies that a violation of this chapter has 28 occurred, the [ATTORNEY GENERAL SHALL REFER THE MATTER TO THE] 29 personnel board [, WHICH] shall appoint a hearing officer to conduct a hearing. 30 (d) If the subject of the accusation admits a violation of this chapter, the 31 [ATTORNEY GENERAL SHALL REFER THE MATTER TO THE] personnel board
01 shall [TO] impose penalties under AS 39.52.410, 39.52.440, and 39.52.450, as 02 appropriate. 03 * Sec. 105. AS 39.52.920 is amended to read: 04 Sec. 39.52.920. Agency policies. Subject to the review and approval of the 05 personnel board [ATTORNEY GENERAL], an agency may adopt a written policy 06 that, in addition to the requirements of this chapter, limits the extent to which a public 07 officer in the agency or an administrative unit of the agency may 08 (1) acquire a personal interest in an organization or a financial interest 09 in a business or undertaking that may benefit from official action taken or withheld by 10 the agency or unit; 11 (2) have a personal or financial interest in a state grant, contract, lease, 12 or loan administered by the agency or unit; or 13 (3) accept a gift. 14 * Sec. 106. AS 39.52.950 is amended to read: 15 Sec. 39.52.950. Regulations. The attorney general may adopt regulations 16 under AS 44.62 ( [THE] Administrative Procedure Act) necessary to interpret and 17 implement the provisions concerning complaints under this chapter. The personnel 18 board may adopt regulations under AS 44.62 (Administrative Procedure Act) 19 necessary to interpret and implement the other provisions of this chapter. 20 * Sec. 107. AS 39.52.960(11) is amended to read: 21 (11) "immediate family member" means 22 (A) the spouse of the person; 23 (B) another person cohabiting with the person in a conjugal 24 relationship that is not a legal marriage; or 25 (C) a parent, child including a stepchild and an adoptive 26 child, and sibling of a person if the parent, child, or sibling resides with 27 the person, is financially dependent on the person, or shares a substantial 28 financial interest with the person [A PUBLIC OFFICER'S SPOUSE, A 29 RELATION BY BLOOD WITHIN AND INCLUDING THE SECOND 30 DEGREE OF KINDRED, AND A REGULAR MEMBER OF THE OFFICER'S 31 HOUSEHOLD];
01 * Sec. 108. AS 39.52.960 is amended by adding a new paragraph to read: 02 (23) "state official" means the governor, the lieutenant governor, a 03 person hired or appointed as the head or deputy head of a department in the executive 04 branch or as the director of a division in a department in the executive branch, the 05 chair or member of a state commission or board, as defined in AS 39.50.200(b), the 06 executive director of the Alaska Tourism Marketing Council, an assistant to the 07 governor or the lieutenant governor, a state investment officer, the state comptroller 08 in the Department of Revenue, and a state employee who is not otherwise listed in this 09 definition who is employed by an agency in the executive branch of state government 10 in the exempt or partially exempt service and who is compensated at Range 19A or 11 above on the state salary schedule under AS 39.27.011 or at more than $4,200 per 12 month; however, "state official" does not include an employee who is a member of a 13 collective bargaining unit. 14 * Sec. 109. AS 44.62.175(a) is amended to read: 15 (a) The lieutenant governor shall publish or contract for the publication of the 16 Alaska Administrative Journal. The journal shall be published weekly. The journal 17 must include 18 (1) notices of proposed actions given under AS 44.62.190(a); 19 (2) notices of state agency meetings required under AS 44.62.310(e), 20 even if the meeting has been held; 21 (3) notices of solicitations to bid issued under AS 36.30.130; 22 (4) notices of state agency requests for proposals issued under 23 AS 18.55.255, 18.55.320; AS 36.30.210; AS 37.05.316; AS 38.05.120; and 24 AS 43.40.010; 25 (5) executive orders and administrative orders issued by the governor; 26 (6) written delegations of authority made by the governor or the head 27 of a principal department under AS 44.17.010; 28 (7) the text or a summary of the text of a regulation or order of repeal 29 of a regulation for which notice is given under AS 44.62.190(a), including an 30 emergency regulation or repeal whether or not it has taken effect; 31 (8) a summary of the text of recently issued formal opinions and
01 memoranda of advice of the attorney general; 02 (9) a list of vacancies on boards, commissions, and other bodies whose 03 members are appointed by the governor; and 04 (10) in accordance with AS 39.52.240(h), advisory opinions of the 05 personnel board [ATTORNEY GENERAL]. 06 * Sec. 110. RELIANCE ON ADVISORY OPINIONS OF THE ATTORNEY GENERAL. 07 Notwithstanding the amendments made to AS 39.52.240 - 39.52.250 by secs. 87 - 92 of this 08 Act, a public officer or a former public officer may rely on an advisory opinion given by the 09 attorney general under AS 39.52.240 - 39.52.250 before the effective date of this bill section 10 to the same extent that the public officer or former public officer could have relied on the 11 opinion if those sections had not been amended by this Act. 12 * Sec. 111. PROVISIONS MADE SPECIFICALLY APPLICABLE TO INCUMBENT 13 LEGISLATORS. Notwithstanding any other provision of AS 15.13, the provisions of 14 AS 15.13.116(d), added by sec. 3 of this Act, apply to authorize a legislator holding office 15 in the legislature during the First Regular Session of the Twentieth Alaska State Legislature 16 who, under sec. 32, ch. 48, SLA 1996, retains unused campaign contributions in the 17 candidate's election campaign account, to transfer to a legislative office account not more than 18 $5,000 each calendar year for use only for expenses associated with the candidate's serving 19 as a member of the legislature during each year remaining to the legislator on the legislator's 20 current term. All amounts expended under this section shall be annually accounted for under 21 AS 15.13.110(a)(4). 22 * Sec. 112. Sections 2, 3, and 111 of this Act are retroactive to December 31, 1996. 23 * Sec. 113. Sections 2, 3, 111, and 112 of this Act take effect immediately under 24 AS 01.10.070(c). 25 * Sec. 114. Sections 1 and 4 - 110 of this Act take effect January 1, 1998.