HCS CSSB 105(STA): "An Act relating to legislative and executive branch ethics; relating to campaign finances for candidates for state or municipal office; 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."
00HOUSE CS FOR CS FOR SENATE BILL NO. 105(STA) 01 "An Act relating to legislative and executive branch ethics; relating to campaign 02 finances for candidates for state or municipal office; relating to the conduct and 03 regulation of lobbyists with respect to public officials; relating to the filing of 04 disclosures by certain state employees and officials; making a conforming 05 amendment to the definition of 'public official' for employment security statutes; 06 and providing for 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 while [IF] the legislature is convened in a regular or special 13 legislative session unless [, AND] the solicitation or acceptance occurs during the 14 90 days immediately preceding an election in which the candidate or individual is
01 a candidate [MEMBER OF THE LEGISLATURE, OR EMPLOYED AS A MEMBER 02 OF THE LEGISLATOR'S STAFF OR AS A MEMBER OF THE STAFF OF A 03 LEGISLATIVE COMMITTEE]. 04 * Sec. 2. AS 15.13.074(c) is amended to read: 05 (c) A person or group may not make a contribution 06 (1) to a candidate for governor or lieutenant governor or an individual 07 who files with the commission the document necessary to permit that individual to 08 incur certain election-related expenses as authorized by AS 15.13.100 for governor or 09 lieutenant governor, [WHEN THE OFFICE IS TO BE FILLED AT A GENERAL 10 ELECTION,] before the later of the following dates: 11 (A) the date the individual 12 (i) becomes a candidate; or 13 (ii) files with the commission the document necessary 14 to permit the individual to incur certain election-related expenses 15 as authorized by AS 15.13.100; or 16 (B) January 1 of the year of the [GENERAL] election when the 17 office is to be filled at a general election or the date of the proclamation 18 when the office is to be filled at a special election ; 19 (2) to a candidate for the state legislature or an individual who files 20 with the commission the document necessary to permit that individual to incur certain 21 election-related expenses as authorized by AS 15.13.100 for the state legislature [, 22 WHEN THE OFFICE IS TO BE FILLED AT A GENERAL ELECTION,] while the 23 legislature is convened in a [ITS] regular or special legislative session , unless the 24 contribution is made during the 90 days immediately preceding an election in 25 which the candidate or individual is a candidate, or [AND] before the later of the 26 following dates: 27 (A) the date the individual 28 (i) becomes a candidate; or 29 (ii) files with the commission the document necessary 30 to permit the individual to incur certain election-related expenses as 31 authorized by AS 15.13.100; or
01 (B) January 1 of the year of the [GENERAL] election; 02 (3) to a candidate or an individual who files with the commission the 03 document necessary to permit that individual to incur certain election-related expenses 04 as authorized by AS 15.13.100 for an office that is to be filled at a [SPECIAL 05 ELECTION OR] municipal election before the later of the following dates: 06 (A) the date the individual 07 (i) becomes a candidate; or 08 (ii) files with the commission the document necessary 09 to permit that individual to incur certain election-related expenses as 10 authorized by AS 15.13.100; 11 (B) the date that is nine months before the date of the 12 [GENERAL OR REGULAR] municipal election [OR THAT IS BEFORE THE 13 DATE OF THE PROCLAMATION OF THE SPECIAL ELECTION AT 14 WHICH THE CANDIDATE OR INDIVIDUAL SEEKS ELECTION TO 15 PUBLIC OFFICE]; or 16 (4) to any candidate after the earlier of December 31 of the year of 17 the election or the 60th [LATER THAN THE 45TH] day 18 (A) after the date of a primary election if the candidate 19 (i) has been nominated at the primary election or is 20 running as a write-in candidate; and 21 (ii) is not opposed at the general election; 22 (B) after the date of the primary election if the candidate was not 23 nominated at the primary election; or 24 (C) after the date of the general election, or after the date of a 25 municipal or municipal runoff election, if the candidate was opposed at the 26 general, municipal, or municipal runoff election. 27 * Sec. 3. AS 15.13.110(a) is amended to read: 28 (a) Each candidate and group shall make a full report in accordance with 29 AS 15.13.040 for the period ending three days before the due date of the report and 30 beginning on the last day covered by the most recent previous report. If the report is 31 a first report, it shall cover the period from the beginning of the campaign to the date
01 three days before the due date of the report. If the report is a report due February 15, 02 it shall cover the period beginning on the last day covered by the most recent previous 03 report or on the day that the campaign started, whichever is later, and ending on 04 December 31 of the prior year. The report shall be filed 05 (1) 30 days before the election; however, this report is not required if 06 the deadline for filing a nominating petition or declaration of candidacy is within 30 07 days of the election; 08 (2) one week before the election; 09 (3) 10 days after the election; and 10 (4) February 15 for expenditures made and contributions received that 11 were not reported during the previous year, including, if applicable, all amounts 12 expended from a public [LEGISLATIVE] office expense term account established 13 under AS 15.13.116(a)(8) [AS 15.13.116(a)(9)] and all amounts expended from a 14 municipal office account under AS 15.13.116(a)(9) [AS 15.13.116(a)(10)], or when 15 expenditures were not made or contributions were not received during the previous 16 year. 17 * Sec. 4. AS 15.13.116(a) is amended to read: 18 (a) A candidate who, after the date of the general, special, municipal, or 19 municipal runoff election or after the date the candidate withdraws as a candidate, 20 whichever comes first, holds unused campaign contributions shall distribute the amount 21 held within 90 days. The distribution may only be made to 22 (1) pay bills incurred for expenditures reasonably related to the 23 campaign and the winding up of the affairs of the campaign , including a victory or 24 thank you party and thank you gifts to campaign employees and volunteers , and 25 to pay expenditures associated with post-election fund raising that may be needed to 26 raise funds to pay off campaign debts; 27 (2) [PAY FOR A VICTORY OR A THANK YOU PARTY COSTING 28 LESS THAN $500, OR TO GIVE A THANK YOU GIFT OF A VALUE OF LESS 29 THAN $50 TO A CAMPAIGN EMPLOYEE OR VOLUNTEER; 30 (3)] make donations, without condition, to 31 (A) a political party;
01 (B) the state's general fund; 02 (C) a municipality of the state; or 03 (D) the federal government; 04 (3) [(4)] make donations, without condition, to organizations qualified 05 as charitable organizations under 26 U.S.C. 501(c)(3), provided the organization is not 06 controlled by the candidate or a member of the candidate's immediate family; 07 (4) [(5)] repay loans from the candidate to the candidate's own 08 campaign under AS 15.13.078(b); 09 (5) [(6)] repay contributions to contributors, but only if repayment of 10 the contribution is made pro rata in approximate proportion to the contributions made 11 using one of the following, as the candidate determines: 12 (A) to all contributors; 13 (B) to contributors who have contributed most recently; or 14 (C) to contributors who have made larger contributions; 15 (6) [(7)] establish a fund for, and from that fund to pay, attorney fees 16 or costs incurred in the prosecution or defense of an administrative or civil judicial 17 action that directly concerns a challenge to the victory or defeat of the candidate in the 18 election; 19 (7) [(8)] transfer all or a portion of the unused campaign contributions 20 to an account for a future election campaign; a transfer under this paragraph is limited 21 to 22 (A) $50,000, if the transfer is made by a candidate for governor 23 or lieutenant governor; 24 (B) $10,000, if the transfer is made by a candidate for the state 25 senate; 26 (C) $5,000, if the transfer is made by a candidate for the state 27 house of representatives; and 28 (D) $5,000, if the transfer is made by a candidate for an office 29 not described in (A) - (C) of this paragraph; 30 (8) [(9)] transfer all or a portion of the unused campaign contributions 31 to a public [LEGISLATIVE] office expense term account or to a public office
01 expense term account reserve in accordance with (d) of this section ; a transfer 02 under this paragraph is subject to the following: 03 (A) the authority to transfer is limited to candidates who are 04 elected to the state legislature; 05 (B) the public [LEGISLATIVE] office expense term account 06 established under this paragraph may be used only for expenses associated with 07 the candidate's serving as a member of the legislature; 08 (C) all amounts expended from the public [LEGISLATIVE] 09 office expense term account shall be annually accounted for under 10 AS 15.13.110(a)(4); and 11 (D) a transfer under this paragraph is limited to $5,000 12 multiplied by the number of years in the term to which the candidate is elected; 13 and 14 (9) [(10)] transfer all or a portion of the unused campaign contributions 15 to a municipal office account; a transfer under this paragraph is subject to the 16 following: 17 (A) the authority to transfer is limited to candidates who are 18 elected to municipal office, including a municipal school board; 19 (B) the municipal office account established under this 20 paragraph may be used only for expenses associated with the candidate's 21 serving as mayor or as a member of the assembly, city council, or school 22 board; 23 (C) all amounts expended from the municipal office account 24 shall be annually accounted for under AS 15.13.110(a)(4); and 25 (D) a transfer under this paragraph is limited to $5,000. 26 * Sec. 5. AS 15.13.116 is amended by adding a new subsection to read: 27 (d) After a general or special election, a candidate for the state legislature who 28 has been elected to the state legislature in that election may, from the amount retained 29 in the public office expense term account reserve under this subsection, transfer to a 30 public office expense term account not more than $5,000 each calendar year for use 31 only for expenses associated with the candidate's serving as a member of the
01 legislature. A candidate for the senate may transfer up to $20,000 from unused 02 campaign contributions to a public office expense term account reserve. A candidate 03 for the house of representatives may transfer up to $10,000 from unused campaign 04 contributions to a public office expense term account reserve. The public office 05 expense term account reserve may only be used to make transfers to the public office 06 expense term account. At the end of the candidate's term of office, a balance in the 07 public office expense term account reserve must be disposed of as provided in (a) of 08 this section but may not be disposed of as provided in (a)(1), (4), or (6) - (9) of this 09 section. All amounts expended under this subsection shall be annually accounted for 10 under AS 15.13.110(a)(4). 11 * Sec. 6. AS 23.20.526(d) is amended to read: 12 (d) For the purposes of AS 23.20.525(a)(4) - (6) and (14), the term 13 "employment" does not apply to service performed 14 (1) by a duly ordained, commissioned, or licensed minister of a church 15 in the exercise of the person's ministry or by a member of a religious order in the 16 exercise of duties required by the order; 17 (2) in a facility conducted for the purpose of carrying out a program 18 of rehabilitation for individuals whose earning capacity is impaired by age or physical 19 or mental deficiency or injury or providing remunerative work for individuals who, 20 because of their impaired physical or mental capacity, cannot be readily absorbed in 21 the competitive labor market by an individual receiving the rehabilitation or 22 remunerative work; 23 (3) as part of an unemployment work-relief or work-training program 24 assisted or financed in whole or in part by any federal agency or any agency of a state 25 or political subdivision of the state, by an individual receiving work relief or work 26 training; 27 (4) for a state hospital by an inmate of a prison or correctional 28 institution; 29 (5) in the employ of a school, college, or university [,] if the service 30 is performed by a student who is enrolled and is regularly attending classes at the 31 school, college, or university;
01 (6) by an individual under the age of 22 who is enrolled at a nonprofit 02 or public educational institution that [WHICH] normally maintains a regular faculty 03 and curriculum and normally has a regularly organized body of students in attendance 04 at the place where its educational activities are carried on as a student in a full-time 05 program, taken for credit at the institution, that [WHICH] combines academic 06 instruction with work experience, if the service is an integral part of the program, and 07 the institution has so certified to the employer, except that this paragraph does not 08 apply to service performed in a program established for or on behalf of an employer 09 or group of employers; 10 (7) in the employ of a hospital, if the service is performed by a patient 11 of the hospital, as defined in AS 23.20.520; 12 (8) in the employ of the state or a political subdivision of the state if 13 the service is performed by an individual in the exercise of duties 14 (A) as a judicial officer, the governor, the lieutenant 15 governor, a person hired or appointed as the head or deputy head of a 16 department in the executive branch, a person hired or appointed as the 17 director of a division of a department in the executive branch, an assistant 18 to the governor, a chair or member of a state commission or board, state 19 investment officers and the state comptroller in the Department of 20 Revenue, the executive director of the Alaska Tourism Marketing Council, 21 an appointed or elected municipal officer ["PUBLIC OFFICIAL" 22 AS DEFINED IN AS 39.50.200(a)], any other elected official, the fiscal analyst 23 of the legislative finance division, the legislative auditor of the legislative audit 24 division, the executive director of the Legislative Affairs Agency, and the 25 directors of the divisions within the Legislative Affairs Agency; 26 (B) as a member of the Alaska Army National Guard or Alaska 27 Air National Guard or Alaska Naval Militia; or 28 (C) as an employee serving on only a temporary basis in case 29 of fire, storm, snow, earthquake, flood, or similar emergency; 30 (9) in the employ of 31 (A) a church or a convention or association of churches; or
01 (B) an organization that [WHICH] is operated primarily for 02 religious purposes and that [WHICH] is operated, supervised, controlled, or 03 principally supported by a church or a convention or association of churches. 04 * Sec. 7. AS 24.25.010(e) is amended to read: 05 (e) This section does not apply to the legislative council , the Select 06 Committee on Legislative Ethics, or [NOR TO] the Legislative Budget and Audit 07 Committee. 08 * Sec. 8. AS 24.45.041(b) is amended to read: 09 The registration form prescribed by the commission must include 10 (1) the lobbyist's full name and complete permanent residence and 11 business address and telephone number, as well as any temporary residential and 12 business address and telephone number in the state capital during a legislative session; 13 (2) the full name and complete address of each person by whom the 14 lobbyist is retained or employed; 15 (3) whether the person from whom the lobbyist receives compensation 16 employs the person solely as a lobbyist or whether the person is a regular employee 17 performing other services for the employer that [WHICH] include but are not limited 18 to the influencing of legislative or administrative action; 19 (4) the nature or form of the lobbyist's compensation for engaging in 20 lobbying, including salary, fees, or reimbursement for expenses received in 21 consideration for, or directly in support of or in connection with, the influencing of 22 legislative or administrative action; 23 (5) a general description of the subjects or matters on which the 24 registrant expects to lobby or to engage in the influencing of legislative or 25 administrative action; 26 (6) the full name and complete address of the person, if other than the 27 registrant, who has custody of the accounts, books, papers, bills, receipts, and other 28 documents required to be maintained under this chapter ; 29 (7) the identification of a legislator, legislative employee, or public 30 official to whom the lobbyist is married or who is the spousal equivalent of the 31 lobbyist; in this paragraph, "spousal equivalent" has the meaning given in
01 AS 39.50.030(g) . 02 * Sec. 9. AS 24.45.171(12) is amended to read: 03 (12) "public official" or "public officer" means 04 (A) a public official as defined in AS 39.50.200(a) but does not 05 include a judicial officer or an elected or appointed municipal officer; 06 (B) [,] a member of the legislature ; [,] or 07 (C) a legislative director as defined in AS 24.60.990(a) [; 08 HOWEVER, IT DOES NOT INCLUDE A JUDICIAL OFFICER OR AN 09 ELECTED OR APPOINTED MUNICIPAL OFFICER]. 10 * Sec. 10. AS 24.60.030(a) is amended to read: 11 (a) A legislator or legislative employee may not 12 (1) solicit, agree to accept, or accept a benefit other than official 13 compensation for the performance of public duties; this paragraph may not be 14 construed to prohibit lawful solicitation for and acceptance of campaign contributions 15 or the acceptance of a lawful gratuity under AS 24.60.080; 16 (2) use public funds, facilities, equipment, services, or another 17 government asset or resource for a nonlegislative [NONGOVERNMENTAL] purpose , 18 for involvement in or support of or opposition to partisan political activity, or for 19 the private benefit of either the legislator, legislative employee, or another person; this 20 paragraph does not prohibit 21 (A) limited use of state property and resources for personal 22 purposes if the use does not interfere with the performance of public duties and 23 either the cost or value related to the use is nominal or the legislator or 24 legislative employee reimburses the state for the cost of the use ; 25 (B) the use of mailing lists, computer data, or other information 26 lawfully obtained from a government agency and available to the general public 27 for nonlegislative [NONGOVERNMENTAL] purposes; [OR] 28 (C) telephone or facsimile use that does not carry a special 29 charge; 30 (D) the legislative council, notwithstanding AS 24.05.190, 31 from designating a public facility for use by legislators and legislative
01 employees for health or fitness purposes; when the council designates a 02 facility to be used by legislators and legislative employees for health or 03 fitness purposes, it shall adopt guidelines governing access to and use of 04 the facility; the guidelines may establish times in which use of the facility 05 is limited to specific groups; or 06 (E) a legislator from using the legislator's private office in 07 the capital city during a legislative session, and for the five days 08 immediately before and the five days immediately after a legislative 09 session, for nonlegislative purposes if the use does not interfere with the 10 performance of public duties and if there is no cost to the state for the use 11 of the space and equipment, other than utility costs and minimal wear and 12 tear, or the legislator promptly reimburses the state for the cost; an office 13 is considered a legislator's private office under this subparagraph if it is 14 the primary space in the capital city reserved for use by the legislator, 15 whether or not it is shared with others; 16 (3) knowingly seek, accept, use, allocate, grant, or award public funds 17 for a purpose other than that approved by law, or make a false statement in connection 18 with a claim, request, or application for compensation, reimbursement, or travel 19 allowances from public funds; 20 (4) require a legislative employee to perform services for the private 21 benefit of the legislator or employee at any time, or allow a legislative employee to 22 perform services for the private benefit of a legislator or employee on government 23 time; it is not a violation of this paragraph if the services were performed in an 24 unusual or infrequent situation and the person's services were reasonably necessary to 25 permit the legislator or legislative employee to perform official duties; 26 (5) use or authorize the use of state funds, facilities, equipment, 27 services, or another government asset or resource for the purpose of political fund 28 raising or campaigning; this paragraph does not prohibit 29 (A) limited use of state property and resources for personal 30 purposes if the use does not interfere with the performance of public duties and 31 either the cost or value related to the use is nominal or the legislator or
01 legislative employee reimburses the state for the cost of the use ; 02 (B) the use of mailing lists, computer data, or other information 03 lawfully obtained from a government agency and available to the general public 04 for nonlegislative [NONGOVERNMENTAL] purposes; [OR] 05 (C) telephone or facsimile use that does not carry a special 06 charge ; 07 (D) storing or maintaining, consistent with (b) of this 08 section, election campaign records in a legislator's office; or 09 (E) a legislator from using the legislator's private office in 10 the capital city during a legislative session, and for the five days 11 immediately before and the five days immediately after a legislative 12 session, for nonlegislative purposes if the use does not interfere with the 13 performance of public duties and if there is no cost to the state for the use 14 of the space and equipment, other than utility costs and minimal wear and 15 tear, or the legislator promptly reimburses the state for the cost; an office 16 is considered a legislator's private office under this subparagraph if it is 17 the primary space in the capital city reserved for use by the legislator, 18 whether or not it is shared with others . 19 * Sec. 11. AS 24.60.030(c) is repealed and reenacted to read: 20 (c) Unless approved by the committee, during a campaign period for an 21 election in which the legislator or legislative employee is a candidate, a legislator or 22 legislative employee may not use or permit another to use state funds, other than funds 23 to which the legislator is entitled under AS 24.10.110, to print or distribute a political 24 mass mailing to individuals eligible to vote for the candidate. In this subsection, 25 (1) a "campaign period" is the period that 26 (A) begins 90 days before the date of an election to the board 27 of an electric or telephone cooperative organized under AS 10.25, a municipal 28 election, or a primary election, or that begins on the date of the governor's 29 proclamation calling a special election; and 30 (B) ends the day after the cooperative election, municipal 31 election, or general or special election;
01 (2) a mass mailing is considered to be political if it is from or about 02 a legislator, legislative employee, or another person who is a candidate for election or 03 reelection to the legislature or another federal, state, or municipal office or to the board 04 of an electric or telephone cooperative. 05 * Sec. 12. AS 24.60.030(d) is amended to read: 06 (d) A legislator, legislative employee, or another person on behalf of the 07 legislator or legislative employee , or a campaign committee of the legislator or 08 legislative employee , may not distribute or post campaign literature, placards, posters, 09 fund-raising notices, or other communications intended to influence the election of 10 a candidate in an election in public areas in a facility ordinarily used to conduct state 11 government business. This prohibition applies whether or not the election has been 12 concluded. However, a legislator may post, in the legislator's private office, 13 communications related to an election that has been concluded. 14 * Sec. 13. AS 24.60.030(f) is amended to read: 15 (f) A legislative employee may not serve in a position that requires 16 confirmation by the legislature. A legislator or legislative employee may serve on a 17 board of an organization, including a governmental entity, that regularly has a 18 substantial interest in the legislative activities of the legislator or employee [,] if the 19 legislator or employee discloses the board membership to the committee. A legislator 20 or legislative employee who is required to make a disclosure under this subsection 21 shall file the disclosure with the committee by the deadlines set out in 22 AS 24.60.105 stating the name of each organization on whose board the person 23 serves. The committee shall maintain a public record of the disclosure and 24 forward the disclosure to the appropriate house for inclusion in the journal. This 25 subsection does not require a legislator or legislative employee who is appointed 26 to a board by the presiding officer to make a disclosure of the appointment to the 27 committee if the appointment has been published in the appropriate legislative 28 journal during the calendar year. 29 * Sec. 14. AS 24.60.030(g) is amended to read: 30 (g) Unless required by the Uniform Rules of the Alaska State Legislature, a 31 legislator [OR LEGISLATIVE EMPLOYEE] may not vote on a question
01 [PARTICIPATE IN LEGISLATIVE, ADMINISTRATIVE, OR POLITICAL ACTION] 02 if the legislator [OR LEGISLATIVE EMPLOYEE] has an equity or ownership interest 03 in a business, investment, real property, lease, or other enterprise if the interest is 04 substantial and the effect of the action to be voted on on that interest is greater than 05 the effect on a substantial class of persons to which the legislator [OR LEGISLATIVE 06 EMPLOYEE] belongs as a member of a profession, occupation, industry, or region. 07 * Sec. 15. AS 24.60.030 is amended by adding a new subsection to read: 08 (h) An employee who engages in political campaign activities other than 09 incidental campaign activities during the employee's work day shall take leave for the 10 period of campaigning. Political campaign activities while on government time are 11 permissible if the activities are part of the normal legislative duties of the employee, 12 including answering telephone calls and handling incoming correspondence. 13 * Sec. 16. AS 24.60.031(a) is amended to read: 14 (a) A legislator or legislative employee may not 15 (1) on a day when either house of [WHILE] the legislature is in 16 regular or special session, solicit or accept a contribution or a promise or pledge to 17 make a contribution for a campaign for the state legislature; however, a legislator 18 may solicit or accept a contribution, promise, or pledge for a campaign for the 19 state legislature that occurs during the 90 days immediately preceding an election 20 in which the legislator is a candidate for the state legislature [STATE 21 LEGISLATIVE CAMPAIGN]; 22 (2) accept money from an event held on a day when either house of 23 the legislature is in regular or special [DURING A LEGISLATIVE] session if a 24 substantial purpose of the event is [EITHER] to raise money on behalf of the member 25 or legislative employee for [CAMPAIGN PURPOSES OR TO RAISE MONEY FOR] 26 state legislative political purposes; however, this paragraph does not prohibit a 27 legislator from accepting money from an event held during the 90 days 28 immediately preceding an election in which the legislator is a candidate for the 29 state legislature; or 30 (3) in a campaign for the state legislature, expend money that was 31 raised on a day when either house of the legislature was in a [STATE] legislative
01 session [CAMPAIGN THAT WAS RAISED] by or on behalf of a legislator [DURING 02 A LEGISLATIVE SESSION] under a declaration of candidacy or a general letter of 03 intent to become a candidate for public office ; however, this paragraph does not 04 apply to money raised during the 90 days immediately preceding an election in 05 which the legislator is a candidate for the state legislature . 06 * Sec. 17. AS 24.60.031 is amended by adding new subsections to read: 07 (c) A legislator may not travel at state expense to a place in which the 08 legislator plans to hold a campaign fund raising event if the travel occurs less than 48 09 hours before the event is scheduled to begin. This subsection does not prohibit a 10 legislator from holding a campaign fund raising event in a place to which the legislator 11 traveled at state expense if the 12 (1) travel to the place is completed at least 48 hours before the event 13 was scheduled to begin; 14 (2) legislator made a trip at state expense to a place, returned from that 15 place, and then, within 48 hours, made a second trip to the place and the cost of the 16 second trip was not paid for at state expense; or 17 (3) travel was to the capital city immediately before the beginning of 18 a legislative session or from the capital city to the legislator's home immediately after 19 the final adjournment of a regular or special legislative session. 20 (d) In (c) of this section, an event is considered to be a campaign fund raising 21 event only if the legislator, or another person acting on behalf of the legislator with 22 the legislator's express or implied permission, 23 (1) asks for contributions for the legislator's campaign at the event; 24 (2) announces that the legislator will accept contributions for the 25 legislator's campaign at the event; or 26 (3) otherwise uses the event in a manner that clearly demonstrates that 27 a primary purpose of the event is to raise contributions for the legislator's campaign; 28 the fact that a legislator received campaign contributions at an event is insufficient, 29 without other evidence, to satisfy the proof required by this paragraph. 30 * Sec. 18. AS 24.60.039 is amended by adding a new subsection to read: 31 (b) If a person files a complaint with the committee under AS 24.60.170
01 alleging a violation of this section, the committee may refer the complainant to the 02 State Commission for Human Rights and may defer its consideration of the complaint 03 until after the complainant establishes to the satisfaction of the committee that the 04 commission has completed its proceedings in the matter. 05 * Sec. 19. AS 24.60.040(a) is amended to read: 06 (a) A legislator or legislative employee, or a member of the immediate family 07 of a legislator or legislative employee , may not be a party to or have an interest in a 08 state contract or lease unless the contract or lease is let [THROUGH COMPETITIVE 09 SEALED BIDDING] under AS 36.30 (State Procurement Code) or, for agencies that 10 are not subject to AS 36.30, under similar procedures, or the total annual amount 11 of the state contract or lease is $5,000 [$1,000] or less, or is a standardized contract 12 or lease that was developed under publicly established guidelines and is generally 13 available to the public at large, members of a profession, occupation, or group. A 14 person has an interest in a state contract or lease under this section if the person 15 receives direct or indirect financial benefits. A legislator or legislative employee who 16 participates in, or who knows or reasonably should know that a family member 17 is participating in, a state contract or lease that has an annual value of $5,000 or 18 more shall disclose the participation to the committee by the date required under 19 AS 24.60.105. The legislator or legislative employee shall also disclose the 20 renegotiation of a state contract or lease if the original had to be disclosed under 21 this section or if, as a result of renegotiation, disclosure is required under this 22 section. The disclosure must state the amount of the contract or lease and the 23 name of the state agency issuing the contract or lease and must identify the 24 procedures under which the contract or lease was issued. If the disclosure 25 concerns a contract or lease in which a family member of the discloser is 26 participating, the disclosure must identify the relationship between the participant 27 and the discloser. 28 * Sec. 20. AS 24.60.040 is amended by adding a new subsection to read: 29 (c) This section does not apply to a contract or lease issued under a state 30 program or loan that is subject to AS 24.60.050. A grant that results in a contract but 31 that is not subject to AS 24.60.050 is subject to this section.
01 * Sec. 21. AS 24.60.050(c) is amended to read: 02 (c) A legislator or legislative employee who participates in a program or 03 receives a loan that is not exempt from disclosure under (a) of this section shall file 04 a written report with the committee by the date required under AS 24.60.105 05 [FEBRUARY 15 OF EACH YEAR] stating the amounts of the loans outstanding or 06 benefits received during the preceding calendar year from nonqualifying programs. If 07 the committee requests additional information necessary to determine the propriety of 08 participating in the program or receiving the loan, it shall be promptly provided. The 09 committee shall promptly compile a list of the statements indicating the loans and 10 programs and amounts and send it to the presiding officer of each house who shall 11 have it published in the supplemental journals within three weeks after [OF] the filing 12 date. A legislator or legislative employee who believes that disclosure of 13 participation in a program would be an invasion of the participant's right to 14 privacy under the state constitution may request the committee to keep the 15 disclosure confidential. If the committee finds that publication would constitute 16 an invasion of privacy, the committee shall publish only the fact that a person has 17 participated in the program and the amount of benefit that the unnamed person 18 received. The committee shall maintain the disclosure of the name of the person 19 as confidential and may only use the disclosure in a proceeding under 20 AS 24.60.170. If the disclosure becomes part of the record of a proceeding under 21 AS 24.60.170, the disclosure may be made public as provided in that section. 22 * Sec. 22. AS 24.60.060 is amended by adding a new subsection to read: 23 (b) A legislator or legislative employee who is the subject of a complaint 24 under AS 24.60.170 violates this section if the legislator or legislative employee 25 violates a protective order issued under AS 24.60.170(i). 26 * Sec. 23. AS 24.60.070(b) is amended to read: 27 (b) A legislator or legislative employee required to make a disclosure 28 under this section shall make a disclosure by the date set under AS 24.60.105 of 29 the legislator's or legislative employee's close economic associations then in 30 existence. A disclosure under this section must be sufficiently detailed that a reader 31 of the disclosure can ascertain the nature of the association.
01 * Sec. 24. AS 24.60.070 is amended by adding a new subsection to read: 02 (d) When making a disclosure under (a) of this section concerning a 03 relationship with a lobbyist to whom the legislator or legislative employee is married 04 or who is the legislator's or legislative employee's spousal equivalent, the legislator or 05 legislative employee shall also disclose the name and address of each employer of the 06 lobbyist and the total monetary value received by the lobbyist from the lobbyist's 07 employer. The legislator or legislative employee shall report changes in the employer 08 of the spouse or spousal equivalent within 48 hours after the change. In this 09 subsection, "employer of the lobbyist" means the person from whom the lobbyist 10 received amounts or things of value for engaging in lobbying on behalf of the person. 11 * Sec. 25. AS 24.60.080(a) is amended to read: 12 (a) Except as otherwise provided in this section, a [A] legislator or 13 legislative employee may not solicit, accept, or receive, directly or indirectly, a gift 14 worth $250 [$100] or more, whether in the form of money, services, a loan, travel, 15 entertainment, hospitality, promise, or other form, or gifts from the same person worth 16 less than $250 [$100] that in a calendar year aggregate to $250 [$100] or more in 17 value . Except for food or beverage for immediate consumption, a legislator or 18 legislative employee [, AND] may not solicit, accept, or receive during a legislative 19 session a gift with any monetary value from a lobbyist or a person acting on behalf 20 of a lobbyist. 21 * Sec. 26. AS 24.60.080(c) is amended to read: 22 (c) Notwithstanding (a) of this section, it is not a violation of this section for 23 a legislator or legislative employee to accept 24 (1) hospitality, other than hospitality described in (4) of this subsection , 25 (A) with incidental transportation at the residence of a person; 26 however, a vacation home located outside the state is not considered a 27 residence for the purposes of this subparagraph; or 28 (B) at a social event or meal; 29 (2) discounts that are available 30 (A) generally to the public or to a large class of persons to 31 which the person belongs; or
01 (B) when on official state business, but only if receipt of the 02 discount benefits the state; 03 (3) food or foodstuffs indigenous to the state that are shared generally 04 as a cultural or social norm; 05 (4) travel and hospitality primarily for the purpose of obtaining 06 information on matters of legislative concern; 07 (5) gifts from the immediate family of the person; [OR] 08 (6) gifts that are not connected with the recipient's legislative status ; 09 or 10 (7) a discount for all or part of a legislative session, including time 11 immediately preceding or following the session, or other gift to welcome a 12 legislator or legislative employee who is employed on the personal staff of a 13 legislator or by a standing or special committee to the capital city or in 14 recognition of the beginning of a legislative session if the gift or discount is 15 available generally to all legislators and the personal staff of legislators and staff 16 of standing and special committees; this paragraph does not apply to legislative 17 employees who are employed by the Legislative Affairs Agency, the office of the 18 chief clerk, the office of the senate secretary, the legislative budget and audit 19 committee, or the office of the ombudsman . 20 * Sec. 27. AS 24.60.080(d) is amended to read: 21 (d) A legislator or legislative employee who accepts a gift under (c)(4) [OR 22 (6)] of this section shall disclose the gift if it has a value of $250 [$100] or more ; the 23 [. THE] disclosure must include the name and occupation of the person making the 24 gift , [AND] the approximate value of the gift , and [. A GIFT UNDER (c)(4) OF 25 THIS SECTION REQUIRED TO BE DISCLOSED UNDER THIS SUBSECTION] 26 shall be disclosed to the committee within 30 days after [OF] the receipt of the gift . 27 A gift [TO THE COMMITTEE. GIFTS] under (c)(6) of this section that has a value 28 of $250 or more shall be disclosed to the committee annually on or before March 15 29 [APRIL 15] of the following calendar year ; the [AND THE] disclosure needs to 30 include only a description of the gift and the identity of the donor [THE VALUE 31 ONLY IF THE VALUE OF THE GIFT EXCEEDS $250]. The committee shall
01 maintain a public record of the disclosure it receives relating to gifts under (c)(4) of 02 this section and shall forward the disclosure to the appropriate house for inclusion in 03 the journal. Disclosures relating to gifts under (c)(6) of this section shall be 04 maintained, but are confidential and may only be used by the committee and its 05 employees and contractors in the investigation of a possible violation of this section 06 or in a proceeding under AS 24.60.170. If the disclosures become part of the record 07 of a proceeding under AS 24.60.170, the confidentiality provisions of that section 08 apply to the disclosures. The committee shall forward to the Alaska Public Offices 09 Commission copies of the disclosures concerning gifts under (c)(4) of this section 10 that it receives from legislative employees who are required to file financial 11 disclosure statements under AS 24.60.200 and from legislators. 12 * Sec. 28. AS 24.60.080(e) is amended to read: 13 (e) A political contribution [THAT IS REPORTED UNDER AS 15.13.040] is 14 not a gift under this section if it is reported under AS 15.13.040 or is exempt from 15 the reporting requirement under AS 15.13.040(g) . 16 * Sec. 29. AS 24.60.080(f) is amended to read: 17 (f) Notwithstanding (a) of this section, a legislator or legislative employee may 18 accept a gift of property worth $250 [$100] or more, other than money, from another 19 [A FOREIGN] government or from an official of another [A FOREIGN] government 20 if the person accepts the gift on behalf of the legislature. The person shall, within 60 21 days after [OF] receiving the gift, deliver the gift to the legislative council, which 22 shall determine the appropriate disposition of the gift. In this subsection, "another 23 government" means a foreign government or the government of the United States, 24 another state, a municipality, or another jurisdiction. 25 * Sec. 30. AS 24.60.080(g) is amended to read: 26 (g) In this section, "immediate family" or "family member" means 27 (1) the spouse of the person; 28 (2) the person's spousal equivalent; 29 (3) a child, including a stepchild and an adoptive child, of the 30 person or of the person's spousal equivalent; 31 (4) a parent, sibling, grandparent, aunt, or uncle of the person; and
01 (5) a parent, sibling, grandparent, aunt, or uncle of the person's 02 spouse or the person's spousal equivalent; and 03 (6) a stepparent, stepsister, stepbrother, step-grandparent, step- 04 aunt, or step-uncle of the person, the person's spouse, or the person's spousal equivalent 05 [HAS THE MEANING GIVEN IN AS 24.60.990(a)(5) AND INCLUDES THE 06 GRANDPARENTS, AUNTS, AND UNCLES OF A PERSON, ALSO INCLUDES A 07 PERSON DESCRIBED IN THIS SUBSECTION OR AS 24.60.990(a)(5) WHO IS RELATED 08 TO THE PERSON BY MARRIAGE]. 09 * Sec. 31. 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. 13 (i) A legislator, a legislative committee other than the Select Committee on 14 Legislative Ethics, or a legislative agency may accept (1) a gift of volunteer services 15 for legislative purposes so long as the person making the gift of services is not 16 receiving compensation from another source for the services or (2) a gift of the 17 services of a trainee who is participating in an educational program approved by the 18 committee if the services are used for legislative purposes. The committee shall 19 approve training under a program of the University of Alaska and training under 29 20 U.S.C. 1501 - 1792b (Job Training Partnership Act). A legislative volunteer or 21 educational trainee shall be considered to be a legislative employee for purposes of 22 compliance with AS 24.60.030 - 24.60.039, 24.60.060, 24.60.080, 24.60.085, 24.60.158 23 - 24.60.170, 24.60.176, and 24.60.178. If a person believes that a legislative volunteer 24 or educational trainee has violated the provisions of one of those sections, the person 25 may file a complaint under AS 24.60.170. The provisions of AS 24.60.170 apply to 26 the proceeding. 27 (j) A legislator or legislative employee who knows or reasonably should know 28 that a family member has received a gift because of the family member's connection 29 with the legislator or legislative employee shall report the receipt of the gift by the 30 family member to the committee if the gift would have to be reported under this 31 section if it had been received by the legislator or legislative employee or if receipt of
01 the gift by a legislator or legislative employee would be prohibited under this section. 02 (k) In this section, the value of a gift shall be determined by the fair market 03 value of the gift to the extent that the fair market value can be determined. 04 * Sec. 32. AS 24.60.085(a) is amended to read: 05 (a) A legislator or legislative employee may not 06 (1) seek or accept compensation for personal services that is 07 significantly greater than the value of [INVOLVES PAYMENTS THAT ARE NOT 08 COMMENSURATE WITH] the services rendered taking into account the higher rates 09 generally charged by specialists in a profession; or 10 (2) accept a payment of anything of value, except for actual and 11 necessarily incurred travel expenses, for an appearance or speech by the legislator or 12 legislative employee; this paragraph does not apply to the salary paid to a legislator 13 or legislative employee for making an appearance or speech as part of the legislator's 14 or legislative employee's normal course of employment. 15 * Sec. 33. AS 24.60.100 is amended to read: 16 Sec. 24.60.100. Representation. A legislator or legislative employee who 17 represents another person for compensation before an agency, board, or commission 18 of the state shall disclose the name of the person represented, the subject matter of the 19 representation, and the body before which the representation is to take place to the 20 committee. The disclosure shall be made by the deadlines set out in AS 24.60.105. 21 The committee shall maintain a public record of a [THE] disclosure under this section 22 and forward the disclosure to the respective house for inclusion in the journal. A 23 legislator or legislative employee may not represent another person for compensation 24 before an agency, committee, or other entity of the legislative branch. 25 * Sec. 34. AS 24.60 is amended by adding a new section to read: 26 Sec. 24.60.105. Deadlines for filing disclosures. (a) When a legislator or 27 legislative employee is required to file a disclosure under this chapter and a date by 28 which the disclosure must be filed is not otherwise set by statute, the deadlines set out 29 in this section shall apply. For disclosure of a matter or an interest that began or was 30 acquired during the interim between regular legislative sessions, whether or not the 31 regular session is extended or there is a special session, or during the last 30 days of
01 a regular session, the legislator or legislative employee shall disclose the matter by 02 March 15. For disclosure of a matter or an interest that began or was acquired during 03 a regular legislative session, but not during the last 30 days of the regular session, the 04 disclosure must be made within 30 days after the commencement of the interest or 05 representation. 06 (b) Disclosures under the following statutes are subject to the deadlines set out 07 in this section: 08 (1) service on the board of an organization as set out in 09 AS 24.60.030(f); 10 (2) an interest in a state contract or lease under AS 24.60.040 and the 11 renegotiation of the terms of a state contract or lease that materially affect the 12 obligations of either party; 13 (3) participation in a state program or receipt of a state loan under 14 AS 24.60.050 and the renegotiation of the terms of the program or loan if the 15 renegotiation materially affects the obligations of either party; 16 (4) formation or maintenance of a close economic association under 17 AS 24.60.070; 18 (5) representation of a client under AS 24.60.100. 19 * Sec. 35. AS 24.60.130(f) is amended to read: 20 (f) The committee may contract for professional services and may employ staff 21 as it considers necessary. A committee employee, including a person who provides 22 personal services under a contract with the committee, may not be a legislator, an 23 elected or appointed official of a state or local governmental entity, an officer of a 24 political party, a candidate for public office, or a registered lobbyist. The legislative 25 council shall provide office space, equipment, and additional staff support for the 26 committee. The committee shall submit a budget for each fiscal year to the finance 27 committees of the legislature and shall annually submit an estimated budget to the 28 governor for information purposes in preparation of the state operating budget. Public 29 members of the committee serve without compensation for their services, but are 30 entitled to per diem and travel expenses authorized for boards and commissions 31 under AS 39.20.180.
01 * Sec. 36. AS 24.60.130(h) is amended to read: 02 (h) A member is disqualified from participating as a member in any 03 proceeding before the committee involving a complaint against the member or an 04 employee whose work is supervised by the member or an advisory opinion 05 requested by the member. If a regular legislative member of the committee is 06 disqualified under this subsection from participating in a proceeding involving a 07 complaint, an alternate shall be appointed under (o) of this section [THE 08 LEGISLATURE IS IN SESSION WHEN A LEGISLATIVE MEMBER IS 09 DISQUALIFIED UNDER THIS SUBSECTION, THE PRESIDING OFFICER OF 10 THAT MEMBER'S HOUSE SHALL, WITH THE CONCURRENCE BY ROLL 11 CALL VOTE OF TWO-THIRDS OF THE FULL MEMBERSHIP OF THAT HOUSE, 12 APPOINT ANOTHER MEMBER FROM THAT HOUSE TO ACT AS A MEMBER 13 OF THE COMMITTEE IN THE PROCEEDING. IF THE LEGISLATURE IS NOT 14 IN SESSION WHEN A LEGISLATIVE MEMBER IS DISQUALIFIED, THE 15 PRESIDING OFFICER OF THE HOUSE OF WHICH THE DISQUALIFIED 16 LEGISLATOR IS A MEMBER SHALL APPOINT ANOTHER MEMBER FROM 17 THAT HOUSE, WITH A RECORDED CONCURRENCE OF A MAJORITY VOTE 18 OF THE SUBCOMMITTEE OF THAT HOUSE, TO ACT AS A MEMBER OF THE 19 COMMITTEE IN THE PROCEEDING]. 20 * Sec. 37. AS 24.60.130 is amended by adding a new subsection to read: 21 (o) When appointing members of the legislature to serve on the committee, the 22 speaker of the house or the president of the senate, as appropriate, shall appoint an 23 alternate member for each regular member. An alternate must have the same 24 qualifications as the regular member for whom the alternate stands as alternate and is 25 subject to confirmation as required for the regular member. If a regular legislative 26 member of the committee or a subcommittee is disqualified under (h) of this section 27 from serving on the committee or the subcommittee concerning a proceeding under 28 AS 24.60.170, the chair of the committee or a subcommittee shall designate the regular 29 member's alternate to serve in place of the regular member in the proceeding unless 30 the alternate is also disqualified from serving. The designation shall be treated as 31 confidential to the same extent that the identity of the subject of a complaint is
01 required to be kept confidential. 02 * Sec. 38. AS 24.60.134(a) is amended to read: 03 (a) Except as provided in (c) of this section, in [IN] addition to complying 04 with the other requirements of this chapter, a public member of the committee, an 05 employee of the committee, or a person under contract to provide personal services to 06 the committee may not , during the person's term of office or employment or 07 during the life of the contract, participate in 08 (1) [PARTICIPATE IN] political management or in a political 09 campaign for a candidate for election to federal, state, or local office, regardless 10 of whether the campaign is partisan or nonpartisan, or for passage or defeat of 11 a ballot measure of any type [DURING THE PERSON'S TERM OF OFFICE, 12 EMPLOYMENT, OR CONTRACT]; 13 (2) [PARTICIPATE IN] the campaign of, attend campaign fund-raising 14 events for, or make a financial contribution to 15 (A) a candidate for the legislature; 16 (B) an incumbent legislator or legislative employee who is a 17 candidate for another public office; or 18 (C) a person running for another office against an incumbent 19 legislator or legislative employee; [OR] 20 (3) a fund-raising event held on behalf of a political party or attend 21 a political party fund-raising event; or 22 (4) [PARTICIPATE IN] lobbying activities that would require the 23 person to register as a lobbyist except as required to inform the legislature concerning 24 legislation requested by the committee or other matters related to the committee. 25 * Sec. 39. AS 24.60.134 is amended by adding a new subsection to read: 26 (c) A person under contract to provide personal services to the committee who 27 is part of a corporation or partnership that includes individuals who will not be 28 participating directly in the work performed by the entity for the committee may 29 request the committee to exclude members of the entity from some or all of the 30 provisions of this section. The committee may grant the request if it finds that doing 31 so will not lead to the appearance that the committee is subject to undue political
01 influence and if there is no appearance of impropriety. 02 * Sec. 40. AS 24.60.160 is amended to read: 03 Sec. 24.60.160. Advisory opinions. (a) On the request of a person to 04 whom this chapter applies or who has been newly elected to the legislature, the 05 [THE] committee shall issue an advisory opinion within 60 [30] days [ON THE 06 REQUEST OF A PERSON TO WHOM THE CHAPTER APPLIES OR A PERSON 07 ELECTED TO THE LEGISLATURE WHO AT THE TIME OF ELECTION IS NOT 08 A MEMBER OF THE LEGISLATURE] as to whether the facts and circumstances of 09 a particular case constitute a violation of ethical standards. If it finds that it is 10 advisable to do so, the committee may issue an opinion under this section on the 11 request of a person who reasonably expects to become subject to this chapter 12 within the next 45 days. The 60-day [30-DAY] period for issuing an opinion may 13 be extended by the committee if the person requesting the opinion consents. 14 (b) An [THE] opinion issued under this section is binding on the committee 15 in any subsequent proceedings concerning the facts and circumstances of the particular 16 case unless material facts were omitted or misstated in the request for the advisory 17 opinion. Except as provided in this chapter , an advisory opinion is confidential but 18 shall be made public if a written request by the person who requested the opinion is 19 filed with the committee. 20 * Sec. 41. AS 24.60.170(a) is amended to read: 21 (a) The committee shall consider a complaint alleging a violation of this 22 chapter if the alleged violation occurred within two [FIVE] years before [OF] the date 23 that the complaint is filed with the committee and, when the subject of the complaint 24 is a former member of the legislature, the complaint is filed within one year after [OF] 25 the subject's departure from the legislature. The committee may not consider a 26 complaint filed against all members of the legislature, against all members of one 27 house of the legislature, or against a person employed by the legislative branch of 28 government after the person has terminated legislative service. However, the 29 committee may reinstitute proceedings concerning a complaint that was closed 30 because a former employee terminated legislative service or because a legislator 31 left the legislature if the former employee or legislator resumes legislative service,
01 whether as an employee or a legislator, within two years after the alleged 02 violation. The committee may also initiate complaints on its own motion, subject to 03 the same time limitations. The time limitations of this subsection do not bar 04 proceedings against a person who intentionally prevents discovery of a violation of this 05 chapter. 06 * Sec. 42. AS 24.60.170(b) is amended to read: 07 (b) A complaint may be initiated by any person. The complaint must be in 08 writing and signed under oath by the person making the complaint and must contain 09 a statement that the complainant has reason to believe that a violation of this 10 chapter has occurred and describe any facts known to the complainant to support 11 that belief . The committee shall upon request provide a form for a complaint to a 12 person wishing to file a complaint. Upon receiving a complaint, the committee shall 13 advise the complainant that the committee or the subject of the complaint may 14 ask the complainant to testify at any stage of the proceeding as to the 15 complainant's belief that the subject of the complaint has violated this chapter. 16 The committee shall respond to a complaint concerning the conduct of a 17 candidate for election to state office received during the campaign period in 18 accordance with (o) of this section. The committee shall treat a complaint 19 concerning the conduct of a candidate for election to state office that is pending 20 at the beginning of a campaign period in accordance with (p) of this section. The 21 committee shall immediately provide a copy of the complaint to the person who is the 22 subject of the complaint. 23 * Sec. 43. AS 24.60.170(c) is amended to read: 24 (c) When the committee receives a complaint under (a) of this section, it may 25 assign the complaint to a staff person. The staff person shall conduct a 26 preliminary examination of the complaint and advise the committee whether the 27 allegations of the complaint, if true, constitute a violation of this chapter and 28 whether there is credible information to indicate that a further investigation and 29 proceeding is warranted. The staff recommendation shall be based on the 30 information and evidence contained in the complaint as supplemented by the 31 complainant and by the subject of the complaint, if requested to do so by the staff
01 member. The committee shall consider the recommendation of the staff member, 02 if any, and shall determine whether the allegations of the complaint, if true, constitute 03 a violation of this chapter. If the committee determines that the allegations, if proven, 04 would not give rise to a violation, that the complaint is frivolous on its face, that 05 there is insufficient credible information that can be uncovered to warrant further 06 investigation by the committee, or that [IF] the committee's lack of jurisdiction is 07 apparent on the face of the complaint, the committee shall dismiss the complaint [,] 08 and shall notify the complainant and the subject of the complaint of the dismissal. 09 The committee may ask the complainant to provide clarification or additional 10 information before it makes a decision under this subsection and may request 11 information concerning the matter from the subject of the complaint. Neither the 12 complainant nor the subject of a complaint is obligated to provide the 13 information. A proceeding conducted under this subsection, documents that are 14 part of a proceeding, and a dismissal under this subsection are confidential as 15 provided in (l) of this section unless the subject of the complaint waives 16 confidentiality as provided in that subsection. 17 * Sec. 44. AS 24.60.170(f) is amended to read: 18 (f) If the committee determines after investigation that there is not probable 19 cause to believe that the subject of the complaint has violated this chapter, the 20 committee shall dismiss the complaint. The committee may also dismiss portions of 21 a complaint if it finds no probable cause to believe that the subject of the complaint 22 has violated this chapter as alleged in those portions. The committee shall issue a 23 decision explaining its dismissal. Committee deliberations and vote on the 24 dismissal order and decision are not open to the public or to the subject of the 25 complaint. A copy of the dismissal order and decision shall be sent to the 26 complainant and to the subject of the complaint. Notwithstanding (l) of this section, 27 a dismissal order and decision is open to inspection and copying by the public. 28 * Sec. 45. AS 24.60.170(g) is amended to read: 29 (g) If the committee investigation determines that a probable violation of this 30 chapter exists that may be corrected by action of the subject of the complaint and that 31 does not warrant sanctions other than correction, the committee may issue an opinion
01 recommending corrective action. This opinion shall be provided to the complainant 02 and to the subject of the complaint, and is open to inspection by the public. The 03 subject of the complaint may comply with the opinion or may request a hearing before 04 the committee under (j) of this section. After the hearing , the committee may amend 05 or affirm the opinion. If the subject of the complaint agrees to comply with the 06 opinion but later fails to complete the corrective action in a timely manner, the 07 committee may formally charge the person as provided in (h) of this section or 08 may refer the matter to the appropriate house of the legislature, in the case of a 09 legislator, or, in the case of a legislative employee, to the employee's appointing 10 authority. The appropriate house of the legislature or the appointing authority, 11 as appropriate, may take action to enforce the corrective action or may decline 12 to take action and refer the matter to the committee. In either case, the 13 committee may formally charge the person under (h) of this section. 14 * Sec. 46. AS 24.60.170(h) is amended to read: 15 (h) If the subject of a complaint fails to comply with an opinion and the 16 committee decides [ISSUED] under (g) of this section to charge the person , or if the 17 committee determines after investigation that there is probable cause to believe that the 18 subject of the complaint has committed a violation of this chapter that may require 19 sanctions instead of or in addition to corrective action, the committee shall formally 20 charge the person. The charge shall be served on the person charged, in a manner 21 consistent with the service of summons under the rules of civil procedure, and a copy 22 of the charge shall be sent to the complainant. The person charged may file a 23 responsive pleading to the committee admitting or denying some or all of the 24 allegations of the charge. 25 * Sec. 47. AS 24.60.170(i) is amended to read: 26 (i) A person charged under (h) [(b)] of this section may engage in discovery 27 in a manner consistent with the Alaska Rules of Civil Procedure. The committee may 28 adopt procedures that 29 (1) impose reasonable restrictions on the time for this discovery and on 30 the materials that may be discovered ; 31 (2) permit a person who is the subject of a complaint to engage in
01 discovery at an earlier stage of the proceedings; 02 (3) impose reasonable restrictions on the release of information that 03 the subject of a complaint acquires from the committee in the course of discovery, 04 or on information obtained by use of the committee's authority, in order to 05 protect the privacy of persons not under investigation to whom the information 06 pertains; however, the committee may not impose restrictions on the release of 07 information by the subject of the complaint unless the complainant has agreed to 08 be bound by similar restrictions and has not made public the information 09 contained in the complaint, information about the complaint, or the fact of filing 10 the complaint . 11 * Sec. 48. AS 24.60.170(l) is amended to read: 12 (l) Proceedings of the committee relating to complaints before it are 13 confidential until the committee determines that there is probable cause to believe that 14 a violation of this chapter has occurred. The complaint and all documents produced 15 or disclosed as a result of the committee investigation are confidential and not subject 16 to inspection by the public. If in the course of an investigation or probable cause 17 determination the committee finds evidence of probable criminal activity, the 18 committee shall transmit a statement and factual findings limited to that activity to the 19 appropriate law enforcement agency. If the committee finds evidence of a probable 20 violation of AS 15.13, the committee shall transmit a statement to that effect and 21 factual findings limited to the probable violation to the Alaska Public Offices 22 Commission. All meetings of the committee before the determination of probable 23 cause are closed to the public and to legislators who are not members of the 24 committee. However, the committee may permit the subject of the complaint to 25 attend a meeting other than the deliberations on probable cause . The 26 confidentiality provisions of this subsection may be waived by the subject of the 27 complaint , except that the subject of the complaint may not waive the 28 confidentiality duty the committee owes to others and may not require the 29 committee to deliberate in public . 30 * Sec. 49. AS 24.60.170 is amended by adding new subsections to read: 31 (o) The committee shall return a complaint concerning the conduct of a
01 candidate for state office received during a campaign period to the complainant unless 02 the subject of the complaint permits the committee to assume jurisdiction under this 03 subsection. If the committee receives a complaint concerning the conduct of a 04 candidate during the campaign period, the committee shall immediately notify the 05 subject of the complaint of the receipt of the complaint, of the suspension of the 06 committee's jurisdiction during the campaign period, and of the candidate's right to 07 waive the suspension of jurisdiction under this subsection. The candidate may, within 08 11 days after the committee mails or otherwise sends notice of the complaint to the 09 candidate, notify the committee that the candidate chooses to have the committee 10 proceed with the complaint under this section. If the candidate does not act within that 11 time or if the candidate notifies the committee that the candidate is not waiving the 12 suspension of committee jurisdiction, the committee shall return the complaint to the 13 complainant with notice of the suspension of jurisdiction under this subsection and of 14 the right of the complainant to file the complaint after the end of the campaign period. 15 (p) When the committee has a complaint concerning the conduct of a candidate 16 for state office pending before it at the beginning of a campaign period that has not 17 resulted in the issuance of formal charges under (h) of this section, the committee may 18 proceed with its consideration of the complaint only to the extent that the committee's 19 actions are confidential under this section. The committee may not, during a campaign 20 period, issue a dismissal order or decision under (f) of this section, issue an opinion 21 under (g) of this section, or formally charge a person under (h) of this section. If the 22 committee has formally charged a person under (h) of this section and the charge is 23 still pending when a campaign period begins, the committee shall suspend any public 24 hearings on the matter until after the campaign period ends. The parties to the hearing 25 may continue with discovery during the campaign period. If a hearing has been 26 completed before the beginning of a campaign period but the committee has not yet 27 issued its decision, the committee may not issue the decision until after the end of the 28 campaign period. Notwithstanding the suspension of public proceedings provided for 29 in this subsection, a candidate who is the subject of a complaint may notify the 30 committee in writing that the candidate chooses to have the committee proceed with 31 the complaint under this section.
01 (q) A campaign period under this section begins on the later of 45 days before 02 a primary election in which the legislator or legislative employee is a candidate for 03 state office or the day on which the individual files as a candidate for state office and 04 ends at the close of election day for the general or special election in which the 05 individual is a candidate or on the day that the candidate withdraws from the election, 06 if earlier. For a candidate who loses in the primary election, the campaign period ends 07 on the day that results of the primary election showing that another individual won the 08 election are certified. 09 * Sec. 50. AS 24.60.174(a) is amended to read: 10 (a) If the person found to have violated this chapter is or was a member of the 11 legislature, the committee's recommendations shall be forwarded by the chair of the 12 committee to the presiding officer of the appropriate house of the legislature. If the 13 committee recommends sanctions other than expulsion from the legislature, the 14 committee recommendation 15 (1) must include a suggested timetable for the compliance reports 16 required under (e) of this section, if any; and 17 (2) may include recommended fines that the legislature may impose 18 if the legislator who was found to have violated this chapter does not comply with 19 the sanctions imposed by the legislature in a timely manner. 20 * Sec. 51. AS 24.60.174 is amended by adding a new subsection to read: 21 (e) When a house of the legislature imposes a sanction other than expulsion 22 on a member or former member, it shall advise the committee at the time of imposing 23 the sanction of the terms it has imposed and of the timetable for compliance adopted 24 with the sanctions. A legislator or former legislator on whom sanctions other than 25 expulsion have been imposed shall report to the committee as required by the 26 timetable. If the committee determines that the legislator or former legislator has not 27 complied fully and in a timely manner with the sanctions imposed by the legislature, 28 the committee may recommend that the legislature impose a fine or additional 29 sanctions. 30 * Sec. 52. AS 24.60.176 is amended to read: 31 Sec. 24.60.176. Recommendations where violator is a legislative employee.
01 If the person found to have violated this chapter is or was a legislative employee, the 02 committee's recommendations shall be forwarded to the appropriate appointing 03 authority which shall, as soon as is reasonably possible, determine the sanctions, if 04 any, to be imposed. The appointing authority may not question the committee's 05 findings of fact. The appointing authority shall assume the validity of the committee's 06 findings [,] and determine and impose the appropriate sanctions. The appointing 07 authority has the power to impose a sanction recommended by the committee or 08 to impose a different sanction. The appointing authority shall enforce the 09 sanction and shall report to the committee at a time specified by the committee 10 concerning the employee's compliance with the sanction. 11 * Sec. 53. AS 24.60.176 is amended by adding a new subsection to read: 12 (b) In this section, "appointing authority" means 13 (1) the legislative council for employees of the Legislative Affairs 14 Agency and of the legislative council and for legislative employees not otherwise 15 covered under this subsection; 16 (2) the Legislative Budget and Audit Committee for the legislative 17 fiscal analyst and employees of the division of legislative finance, the legislative 18 auditor and employees of the division of legislative audit, and employees of the 19 Legislative Budget and Audit Committee; 20 (3) the appropriate finance committee for employees of the senate or 21 house finance committees; 22 (4) the appropriate rules committee for employees of 23 (A) standing committees of the legislature, other than the 24 finance committees; 25 (B) the senate secretary's office and the office of the chief clerk 26 of the house of representatives; and 27 (C) house records and senate records; 28 (5) the legislator who made the hiring decision for employees of 29 individual legislators; however, the legislator may request the appropriate rules 30 committee to act in the legislator's stead; 31 (6) the ombudsman for employees of the office of the ombudsman,
01 other than the ombudsman; 02 (7) the legislature for the ombudsman. 03 * Sec. 54. AS 24.60 is amended by adding a new section to read: 04 Sec. 24.60.178. Recommended sanctions. (a) When the committee finds that 05 a person has violated this chapter, the committee may recommend appropriate 06 sanctions, including sanctions set out in (b) of this section. 07 (b) The sanctions that the committee may recommend include 08 (1) imposition of a civil penalty of not more than $5,000 for each 09 offense or twice the amount improperly gained, whichever is greater; 10 (2) divestiture of specified assets or withdrawal from specified 11 associations; 12 (3) additional, detailed disclosure, either as a public disclosure or as a 13 confidential disclosure to the committee; 14 (4) in the case of a legislative employee, suspension of employment 15 with or without pay for a stated period of time or until stated conditions are met, or 16 termination from legislative employment; 17 (5) restitution of property or reimbursement of improperly received 18 benefits; 19 (6) public or private written reprimand; 20 (7) censure, including, in the case of a legislator, removal from a 21 leadership position or committee membership and a determination that the legislator 22 will not be appointed to serve in a leadership position or on a committee during the 23 remainder of that legislature; 24 (8) placing the person on probationary status; 25 (9) in the case of a legislator, expulsion from the house of the 26 legislature; 27 (10) any other appropriate measure. 28 (c) In addition to or in place of a sanction recommended under (b) of this 29 section, the committee may recommend that the subject of a complaint be required to 30 pay all or a portion of the costs related to the investigation and adjudication of a 31 complaint.
01 * Sec. 55. AS 24.60.200 is amended to read: 02 Sec. 24.60.200. Financial disclosure by legislators , public members of the 03 committee, and legislative directors. A legislator , a public member of the 04 committee, and a legislative director shall file a disclosure statement, under oath and 05 on penalty of perjury, with the Alaska Public Offices Commission giving the following 06 information about the income received by the discloser, the discloser's spouse or 07 spousal equivalent, the discloser's [THEM, THEIR SPOUSES, THEIR] dependent 08 children, and the discloser's [THEIR] nondependent children who are living with the 09 discloser [THEM]: 10 (1) the information that a public official is required to report under 11 AS 39.50.030, other than information about gifts [EXCEPT THAT SOURCES OF 12 INCOME OTHER THAN GIFTS OF $1,000 OR LESS, AND LOANS OF $1,000 OR 13 LESS NEED NOT BE REPORTED]; 14 (2) as to income in excess of $1,000 received as compensation for 15 personal services, the name and address of the source of the income, and a statement 16 describing the nature of the services performed; if the source of income is known or 17 reasonably should be known to have a substantial interest in legislative, administrative, 18 or political action and the recipient of the income is a legislator or a legislative 19 director, the amount of income received from the source shall be disclosed; 20 (3) as to each loan or loan guarantee over $1,000 from a source with 21 a substantial interest in legislative, administrative, or political action, the name and 22 address of the person making the loan or guarantee, the amount of the loan, the terms 23 and conditions under which the loan or guarantee was given, the amount outstanding 24 at the time of filing, and whether or not a written loan agreement exists [; 25 (4) THE SOURCE OF A GIFT, OTHER THAN AN INHERITANCE, 26 RECEIVED DURING THE PRECEDING CALENDAR YEAR BY THE PERSON, 27 THE PERSON'S SPOUSE OR DEPENDENT CHILD, OR A NONDEPENDENT 28 CHILD OF THE PERSON WHO IS LIVING WITH THE PERSON, IF THE 29 AMOUNT OF THE GIFT EXCEEDS $100 AND IS RECEIVED FROM A PERSON 30 WHO IS NOT A MEMBER OF THE RECIPIENT'S FAMILY]. 31 * Sec. 56. AS 24.60.210 is amended to read:
01 Sec. 24.60.210. Deadlines for filing of disclosure statements. A legislator 02 and a legislative director shall file an annual report with the Alaska Public Offices 03 Commission, covering the previous calendar year, containing the disclosures required 04 by AS 24.60.200, on or before March [APRIL] 15 of each year. 05 * Sec. 57. AS 24.60.250 is amended to read: 06 Sec. 24.60.250. Effect of failure to file by legislative candidate or legislative 07 director . In addition to the sanctions described in AS 24.60.260, if the Alaska Public 08 Offices Commission finds that a candidate for the legislature who is an incumbent 09 legislator [OR A LEGISLATIVE DIRECTOR] has failed or refused to file a report 10 under AS 24.60.200 by a deadline established in AS 24.60.210, it shall notify the 11 lieutenant governor. The candidate shall forfeit nomination to office and may not be 12 seated in office. The lieutenant governor may not certify the person's nomination for 13 office or election to office , and nomination to the office shall be certified as provided 14 in AS 39.50.060(b). In addition to the sanctions described in AS 24.60.260, if the 15 Alaska Public Offices Commission finds that a legislative director has failed or 16 refused to file a report under AS 24.60.200 by a deadline established in 17 AS 24.60.210, it shall notify the Alaska Legislative Council or the Legislative 18 Budget and Audit Committee, as appropriate. For the ombudsman, the Alaska 19 Legislative Council shall be notified. 20 * Sec. 58. AS 24.60.260(a) is amended to read: 21 (a) A person required to make a disclosure under this chapter may not 22 knowingly make a false or deliberately misleading or incomplete disclosure to the 23 committee or to the Alaska Public Offices Commission . A person who files [, OR 24 FILE] a disclosure after a deadline set by this chapter or by a regulation adopted by 25 the committee or by the Alaska Public Offices Commission has violated this chapter 26 and may be subject to imposition of a fine as provided in (c) of this section or 27 AS 24.60.240 . 28 * Sec. 59. AS 24.60.260 is amended by adding a new subsection to read: 29 (c) The committee may impose a fine on a person who files a disclosure after 30 a deadline set by this chapter. The amount of the fine imposed under this subsection 31 may not exceed $2 for each day to a maximum of $100 for each disclosure for a late
01 disclosure. However, if the committee finds that a late filing was inadvertent, the 02 maximum fine the committee may impose under this subsection is $25. 03 * Sec. 60. AS 24.60.990(a)(5) is amended to read: 04 (5) "immediate family" means 05 (A) the spouse or spousal equivalent of the person; or 06 (B) a parent, child [, PARENTS, CHILDREN], including a 07 stepchild and an adoptive child, and sibling [SIBLINGS] of a person if the 08 parent, child, or sibling resides with the person, is financially dependent 09 on the person, or shares a substantial financial interest with the person ; 10 * Sec. 61. AS 24.60.990(a) is amended by adding new paragraphs to read: 11 (15) "spousal equivalent" means a person who is cohabiting with 12 another person in a relationship that is like a marriage but that is not a legal marriage; 13 (16) "state office" includes the office of governor, lieutenant governor, 14 member of the legislature, or similar state office. 15 * Sec. 62. AS 39.25.070 is amended to read: 16 Sec. 39.25.070. Powers and duties of personnel board. In addition to the 17 other duties imposed by this chapter, the personnel board shall 18 (1) approve or disapprove amendments to the personnel rules in 19 accordance with AS 39.25.140; 20 (2) consider and act upon recommendations for the extension of the 21 partially exempt service and the classified service as provided in AS 39.25.130; 22 (3) hear and determine appeals by employees in the classified service 23 as provided in AS 39.25.170; 24 (4) establish its own rules of procedure; two members constitute a 25 quorum for the transaction of business and two affirmative votes are required for final 26 action on matters acted upon by the board; 27 (5) elect a chair [CHAIRMAN] from its membership; 28 (6) have the power to administer oaths, subpoena witnesses, and compel 29 the production of books and papers pertinent to a hearing authorized by this chapter; 30 (7) employ staff members, who shall be in the classified service; 31 (8) carry out its powers and duties under AS 39.52 [RETAIN
01 INDEPENDENT COUNSEL IN ACCORDANCE WITH AS 39.52.310(c); 02 (9) APPOINT, AND REVIEW THE FINDINGS, CONCLUSIONS, 03 AND RECOMMENDATIONS OF, HEARING OFFICERS IN ACCORDANCE WITH 04 AS 39.52.350(c), 39.52.360, AND 39.52.370; 05 (10) ISSUE FINDINGS, CONCLUSIONS, AND DECISIONS 06 REGARDING VIOLATIONS OF THE CODE OF ETHICS IN AS 39.52.110 - 07 39.52.190; AND 08 (11) IMPOSE THE PENALTIES DESCRIBED IN AS 39.52.410, 09 39.52.440, AND 39.52.450]. 10 * Sec. 63. AS 39.25.160(e) is amended to read: 11 (e) An employee in the classified , [OR] partially exempt , or exempt service 12 who seeks nomination or becomes a candidate for state or national elective political 13 office shall immediately resign any position held in the state service. The employee's 14 position becomes vacant on the date the employee files a declaration of candidacy for 15 state or national elective office. This subsection applies to employees in the exempt 16 service, except those listed below, notwithstanding AS 39.25.110. This subsection 17 does not apply to 18 (1) a justice, judges, magistrates, and employees of the judicial 19 branch, including employees of the judicial council; 20 (2) the governor or the lieutenant governor; 21 (3) a member of the legislature; 22 (4) an employee seeking election as a delegate to a constitutional 23 convention; 24 (5) officers and employees of the University of Alaska; 25 (6) certificated teachers and noncertificated employees employed 26 by a regional educational attendance area established and organized under 27 AS 14.08.031 - 14.08.041 to teach in, administer, or operate schools under the 28 control of a regional educational attendance area school board; 29 (7) certificated teachers employed by the Department of Education 30 as correspondence teachers, teachers in skill centers operated by the Department 31 of Education, or teachers at Mt. Edgecumbe School;
01 (8) members of boards and commissions and authorities if the 02 member is not entitled to compensation other than per diem and travel for service 03 on the board, commission, or authority; 04 (9) emergency fire-fighting personnel employed by the Department 05 of Natural Resources for a fire emergency or for fire prevention and related 06 activities conducted under AS 41.15.030; 07 (10) youth employed by the Department of Natural Resources 08 under the Youth Employment and Student Intern programs; 09 (11) students employed by the state institutions in which the 10 students are enrolled; 11 (12) persons engaged in employment or pre-employment training 12 programs operated by the Department of Military and Veterans' Affairs; 13 (13) a participant in the Alaska temporary assistance program 14 under AS 47.27 who holds a temporary position with the state in order to obtain 15 job training or experience . 16 * Sec. 64. AS 39.25.160 is amended by adding a new subsection to read: 17 (j) A state employee, whether in the classified, partially exempt, or exempt 18 service, may not campaign on behalf of a political candidate on government time. 19 This subsection does not prohibit the employees of the division of elections from 20 carrying out duties related to elections or the members and employees of the 21 commission on judicial conduct from carrying out duties relating to the evaluation of 22 justices and judges. This subsection does not apply to the governor and lieutenant 23 governor and members of the legislature. 24 * Sec. 65. AS 39.50.020 is amended to read: 25 Sec. 39.50.020. Report of financial and business interests. (a) A public 26 official other than the governor or the lieutenant governor [JUDICIAL OFFICER, 27 COMMISSIONER, CHAIR OR MEMBER OF A STATE COMMISSION OR BOARD 28 SPECIFIED IN AS 39.50.200(b), A PERSON HIRED OR APPOINTED AS HEAD 29 OR DEPUTY HEAD OF, OR DIRECTOR OF A DIVISION WITHIN, A 30 DEPARTMENT IN THE EXECUTIVE BRANCH, A PERSON APPOINTED 31 AS ASSISTANT TO THE GOVERNOR, A STATE INVESTMENT OFFICER AND
01 THE STATE COMPTROLLER IN THE DEPARTMENT OF REVENUE, AND A 02 MUNICIPAL OFFICER] shall file a statement giving income sources and business 03 interests, under oath and on penalty of perjury, within 30 days after taking office as 04 a public official. Candidates for state elective office other than a candidate who is 05 subject to AS 24.60 shall file the [SUCH A] statement with the director of elections 06 at the time of filing a declaration of candidacy or a nominating petition [,] or 07 [WITHIN 30 DAYS OF] becoming a candidate by any other means. Candidates for 08 elective municipal office shall file the [SUCH A] statement at the time of filing a 09 nominating petition, declaration of candidacy, or other required filing for the elective 10 municipal office. Refusal or failure to file within the time prescribed shall require that 11 the candidate's filing fees, if any, and filing for office be refused or that a previously 12 accepted filing fee be returned and the candidate's name removed from the filing 13 records. A statement shall also be filed by public officials no later than March 14 [APRIL] 15 or 15 days after the person files a federal income tax return in each 15 following year, whichever comes first. Persons who are members of boards or 16 commissions not named in AS 39.50.200(b) are not required to file financial 17 statements. 18 (b) A public official other than an elected or appointed municipal officer 19 [THE GOVERNOR, LIEUTENANT GOVERNOR, JUDICIAL OFFICERS, EACH 20 COMMISSIONER, HEAD OR DEPUTY HEAD OF, OR DIRECTOR OF A 21 DIVISION WITHIN, A DEPARTMENT IN THE EXECUTIVE BRANCH, 22 ASSISTANT TO THE GOVERNOR, STATE INVESTMENT OFFICERS AND THE 23 STATE COMPTROLLER IN THE DEPARTMENT OF REVENUE, OR CHAIR OR 24 MEMBER OF A COMMISSION OR BOARD REQUIRED TO REPORT UNDER 25 THIS CHAPTER,] shall file the statement with the Alaska Public Offices Commission. 26 Candidates for the office of governor and lieutenant governor and, if the candidate is 27 not subject to AS 24.60, the legislature shall file the statement under AS 15.25.030 or 28 15.25.180. Municipal officers, and candidates for elective municipal office, shall file 29 with the municipal clerk or other municipal official designated to receive their filing 30 for office. All statements required to be filed under this chapter are public records. 31 * Sec. 66. AS 39.50.030(a) is amended to read:
01 (a) Each statement must [SHALL] be an accurate representation of the 02 financial affairs of the public official or candidate and must [SHALL] contain the 03 same information for each member of the person's family, as specified in (b) and (d) 04 of this section, to the extent that it is ascertainable by the public official or candidate. 05 [AN ASSET OR LIABILITY UNDER $500, HOUSEHOLD GOODS, AND 06 PERSONAL EFFECTS NEED NOT BE IDENTIFIED.] 07 * Sec. 67. AS 39.50.030(b) is amended to read: 08 (b) Each statement filed by a public official or candidate under this chapter 09 must [SHALL] include the following: 10 (1) the source of all income over $1,000 [$100] during the preceding 11 calendar year, including taxable and nontaxable capital gains, received by the person, 12 the person's spouse or dependent child, or a nondependent child of the person who is 13 living with that person , except that a source of income that is a gift must be 14 included if the value of the gift exceeds $250 ; 15 (2) the identity, by name and address, of each business in which the 16 person, the person's spouse or dependent child, or a nondependent child of the person 17 who is living with that person was a stockholder, owner, officer, director, partner, 18 proprietor, or employee during the preceding calendar year; 19 (3) the identity and nature of each interest owned in any business 20 during the preceding calendar year by the person, the person's spouse or dependent 21 child, or a nondependent child of the person who is living with that person; 22 (4) the identity and nature of each interest in real property, including 23 an option to buy, owned at any time during the preceding calendar year by the person, 24 the person's spouse or dependent child, or a nondependent child of the person who is 25 living with that person; 26 (5) the identity of each trust or other fiduciary relation in which the 27 person, the person's spouse or dependent child, or a nondependent child of the person 28 who is living with that person held a beneficial interest exceeding $1,000 during the 29 preceding calendar year, a description and identification of the property contained in 30 each trust or relation, and the nature and extent of the beneficial interest in it; 31 (6) any loan or loan guarantee of more than $1,000 made to the
01 person, the person's spouse or dependent child, or a nondependent child of the person 02 who is living with that person, and the identity of the maker of the loan or loan 03 guarantor and the identity of each creditor to whom the person, the person's spouse or 04 dependent child, or a nondependent child of the person who lives with that person 05 owed more than $1,000; this paragraph requires disclosure of a loan, loan 06 guarantee, or indebtedness only if the loan or guarantee was made, or the 07 indebtedness incurred, during the preceding calendar year, or if the amount still 08 owing on the loan, loan guarantee, or indebtedness was more than $1,000 at any 09 time during the preceding calendar year [$500 OR MORE]; 10 (7) a list of all contracts and offers to contract with the state or an 11 instrumentality of the state during the preceding calendar year held, bid, or offered by 12 the person, the person's spouse or dependent child, a nondependent child of the person 13 who is living with that person, a partnership or professional corporation of which 14 the person is a member [THE PERSON'S MOTHER OR FATHER], or a corporation 15 in which the person or the person's spouse or children, or a combination of them, hold 16 a controlling interest; and 17 (8) a list of all mineral, timber, oil, or any other natural resource lease 18 held, or lease offer made, during the preceding calendar year by the person, the 19 person's spouse or dependent child, a nondependent child of the person who is living 20 with that person, [THE PERSON'S MOTHER OR FATHER,] a partnership or 21 professional corporation of which the person is a member, or a corporation in which 22 the person or the person's spouse or children, or a combination of them, holds a 23 controlling interest. 24 * Sec. 68. AS 39.50.030 is amended by adding new subsections to read: 25 (d) In addition to the requirements of (b) of this section, each statement filed 26 under this chapter by a public official in the executive branch of state government 27 other than the chair or a member of a state commission or board must include a 28 disclosure of the formation or maintenance of a close economic association involving 29 a substantial financial matter as required by this subsection. The disclosure must be 30 sufficiently detailed so that a reader can ascertain the nature of the association. A 31 public official shall disclose a close economic association with
01 (1) a legislator; 02 (2) a public official who is not an elected or appointed municipal 03 officer; 04 (3) a lobbyist; or 05 (4) a public officer if the person required to make the disclosure is the 06 governor or the lieutenant governor. 07 (e) If a public official required to disclose a close economic association under 08 (d) of this section forms a close economic association after the date on which the 09 public official files the financial disclosure statement required by (a) of this section, 10 disclosure of the association must be made to the commission within 60 days after the 11 formation of the association. 12 (f) When making a disclosure under (d) of this section concerning a 13 relationship with a lobbyist to whom the public official is married or who is the public 14 official's spousal equivalent, the public official shall also disclose the name and 15 address of each employer of the lobbyist and the total monetary value received from 16 the lobbyist's employer. The public official shall report changes in the employers of 17 the spouse or spousal equivalent within 48 hours after the change. In this subsection, 18 "employer of the lobbyist" means the person from whom the lobbyist received money, 19 or goods or services having a monetary value, for engaging in lobbying on behalf of 20 the person. 21 (g) In this section, 22 (1) "close economic association" means a financial relationship that 23 exists between a public official required to disclose a close economic association under 24 (d) of this section and some other person or entity, including a relationship where the 25 public official serves as a consultant or advisor to, is a member or representative of, 26 or has a financial interest in an association, partnership, business, or corporation; 27 (2) "lobbyist" has the meaning given in AS 24.60.990(a); 28 (3) "public officer" has the meaning given in AS 39.52.960; 29 (4) "spousal equivalent" means a person who is cohabiting with another 30 person in a relationship that is like a marriage but that is not a legal marriage. 31 * Sec. 69. AS 39.50.070 is amended to read:
01 Sec. 39.50.070. Failure to report by certain public officials 02 [DEPARTMENT, DIVISION, OR DEPUTY DEPARTMENT HEADS]. A public 03 official [PERSON HIRED OR APPOINTED AS THE HEAD OR DEPUTY HEAD 04 OF, OR DIRECTOR OF A DIVISION WITHIN, A DEPARTMENT] in the executive 05 branch of state government, other than the governor or lieutenant governor or a 06 chair or member of a state board or commission, who refuses or fails to file a 07 report of financial interests required under this chapter when due may not hold office, 08 and the person's name may not be submitted to the legislature for confirmation , until 09 the person complies. The person may not be confirmed, hired, or appointed, and the 10 person forfeits and may not be paid any salary, per diem, or travel expenses , until the 11 person complies. If, after installation in office or beginning employment in the 12 position [AS THE HEAD OR DEPUTY HEAD OF, OR DIRECTOR OF A 13 DIVISION WITHIN, A DEPARTMENT], the person refuses or fails to file the 14 required statement when due, the person is guilty of a misdemeanor and upon 15 conviction is punishable by a fine of not less than $100 nor more than $1,000 and 16 shall be removed from office if compliance is not made within 30 days after the due 17 date of the report. 18 * Sec. 70. AS 39.50.200(a)(8) is amended to read: 19 (8) "public official" means 20 (A) a judicial officer ; 21 (B) [,] the governor or [,] the lieutenant governor ; 22 (C) [,] a person hired or appointed in [AS THE HEAD OR 23 DEPUTY HEAD OF, OR DIRECTOR OF A DIVISION,] a department in the 24 executive branch as 25 (i) the head or deputy head of the department; 26 (ii) the director or deputy director of a division; 27 (iii) a special assistant to the head of the department; 28 (iv) a person serving as the legislative liaison for the 29 department; 30 (D) a person hired as [,] an employee in the office of 31 [ASSISTANT TO] the governor or the office of the lieutenant governor
01 other than 02 (i) a clerical, security, messenger, or maintenance 03 employee, or other employee in the office of the governor or the 04 office of the lieutenant governor whom the personnel board 05 designates because the employee is not employed in an executive or 06 professional capacity or as an administrator and does not exercise 07 discretion over policy matters; 08 (ii) an employee of the State Commission for Human 09 Rights, including the director; 10 (iii) an employee of the office of equal employment 11 opportunity; however, the director of the office is a public official; 12 (iv) an employee of the division of elections; however, 13 the director of the division is a public official; 14 (v) an employee of the Alaska Human Resource 15 Investment Council, including the director; 16 (vi) an employee of the Alaska Human Relations 17 Commission, including the director; 18 (E) the [,] chair or a member of a state commission or board ; 19 (F) [,] state investment officers and the state comptroller in the 20 Department of Revenue ; 21 (G) [,] the executive director of the Alaska Tourism Marketing 22 Council ; 23 (H) the chief procurement officer appointed under 24 AS 36.30.010; and 25 (I) [, AND] each appointed or elected municipal officer; 26 * Sec. 71. AS 39.52.010(a) is amended to read: 27 (a) It is declared that 28 (1) [THAT] high moral and ethical standards among public officers in 29 the executive branch are essential to assure the trust, respect, and confidence of the 30 people of this state; [TO THE CONDUCT OF FREE GOVERNMENT; AND] 31 (2) [THAT THE LEGISLATURE BELIEVES THAT] a code of ethics
01 for the guidance of public officers will 02 (A) discourage those officers from acting upon personal or 03 financial interests in the performance of their public responsibilities ; 04 (B) [, WILL] improve standards of public service ; and 05 (C) [, AND WILL] promote and strengthen the faith and 06 confidence of the people of this state in their public officers ; 07 (3) [. IT IS FURTHER DECLARED THAT] holding public office or 08 employment is a public trust and that as one safeguard of that trust, the people require 09 public officers to adhere to a code of ethics ; 10 (4) a fair and open government requires that executive branch 11 public officers conduct the public's business in a manner that preserves the 12 integrity of the governmental process and avoids conflicts of interest; 13 (5) in order for the rules governing conduct to be respected both 14 during and after leaving public service, the code of ethics must be administered 15 fairly without bias or favoritism; 16 (6) no code of conduct, however comprehensive, can anticipate all 17 situations in which violations may occur nor can it prescribe behaviors that are 18 appropriate to every situation; in addition, laws and regulations regarding ethical 19 responsibilities cannot legislate morality, eradicate corruption, or eliminate bad 20 judgment; and 21 (7) compliance with a code of ethics is an individual responsibility; 22 thus all who serve the state have a solemn responsibility to avoid improper 23 conduct and prevent improper behavior by colleagues and subordinates . 24 * Sec. 72. AS 39.52.120(b) is amended to read: 25 (b) A public officer may not 26 (1) seek other employment or contracts through the use or attempted 27 use of official position; 28 (2) accept, receive, or solicit compensation for the performance of 29 official duties or responsibilities from a person other than the state; 30 (3) use state time, property, equipment, or other facilities to benefit 31 personal or financial interests;
01 (4) take or withhold official action in order to affect a matter in which 02 the public officer has a personal or financial interest; or 03 (5) attempt to benefit a personal or financial interest through coercion 04 of a subordinate or require another public officer to perform services for the 05 private benefit of the public officer at any time; 06 (6) use or authorize the use of state funds, facilities, equipment, 07 services, or another government asset or resource for partisan political purposes; 08 this paragraph does not prohibit use of the governor's residence for meetings to 09 discuss political strategy and does not prohibit use of the communications 10 equipment in the governor's residence so long as there is no special charge to the 11 state for the use; in this paragraph, "for partisan political purposes" 12 (A) means having the intent to differentially benefit or harm 13 a 14 (i) candidate or potential candidate for elective office; 15 or 16 (ii) political party or group; 17 (B) but does not include having the intent to benefit the 18 public interest at large through the normal performance of official duties . 19 * Sec. 73. AS 39.52.120 is amended by adding new subsections to read: 20 (d) Except for travel to the capital city, the governor or the lieutenant governor 21 may not travel at state expense to a place in which the official plans to hold a 22 campaign fund raising event if the travel occurs less than 48 hours before the event 23 is scheduled to begin. This subsection does not prohibit the governor or the lieutenant 24 governor from holding a campaign fund raising event in a place to which the official 25 traveled at state expense if the 26 (1) travel to the place is completed at least 48 hours before the event 27 was scheduled to begin; or 28 (2) official made a trip at state expense to a place, returned from that 29 place, and then, within 48 hours, made a second trip to the place and the cost of the 30 second trip was not paid for at state expense. 31 (e) In (d) of this section, an event is considered to be a campaign fund raising
01 event only if the governor or lieutenant governor, or another person acting on behalf 02 of the governor or lieutenant governor with the express or implied permission of the 03 governor or lieutenant governor, 04 (1) asks for contributions for the governor's or lieutenant governor's 05 campaign at the event; 06 (2) announces that the governor or lieutenant governor will accept 07 contributions for the campaign at the event; or 08 (3) otherwise uses the event in a manner that clearly demonstrates that 09 a primary purpose of the event is to raise contributions for the governor's or lieutenant 10 governor's campaign; the fact that the governor or lieutenant governor received 11 campaign contributions at an event is insufficient, without other evidence, to satisfy 12 the proof required by this paragraph. 13 (f) In this section, when determining whether a public officer is considered to 14 be performing a task on government time, the attorney general and personnel board 15 shall consider the public officer's work schedule as set by the public officer's 16 immediate supervisor, if any. A public officer other than the governor and lieutenant 17 governor who, during the work days, engages in political campaign activities other 18 than minor, inconsequential, and unavoidable campaign activities shall take approved 19 leave for the period of campaigning. 20 * Sec. 74. AS 39.52.130(b) is amended to read: 21 (b) Notice of the receipt by a public officer of a gift with a value in excess of 22 $150 [$50], including the name of the giver and a description of the gift and its 23 approximate value, must be provided to the designated supervisor within 30 days after 24 the date of its receipt 25 (1) if the public officer may take or withhold official action that affects 26 the giver ; or 27 (2) if the gift is connected to the public officer's governmental 28 status . 29 * Sec. 75. AS 39.52.130 is amended by adding new subsections to read: 30 (e) A public officer who, on behalf of the state, accepts a gift from another 31 government or from an official of another government shall, within 60 days after its
01 receipt, notify the Office of the Governor in writing. The Office of the Governor shall 02 determine the appropriate disposition of the gift. In this subsection, "another 03 government" means a foreign government or the government of the United States, 04 another state, a municipality, or another jurisdiction. 05 (f) A public officer 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 public 07 office held by the public officer shall report the receipt of the gift by the family 08 member to the public officer's designated supervisor if the gift would have to be 09 reported under this section if it had been received by the public officer or if receipt of 10 the gift by a public officer would be prohibited under this section. 11 * Sec. 76. AS 39.52.170 is amended by adding a new subsection to read: 12 (c) The head of a principal executive department of the state may not accept 13 employment for compensation outside the agency that the executive head serves. 14 * Sec. 77. AS 39.52.180 is amended by adding a new subsection to read: 15 (d) A former governor, lieutenant governor, or head of a principal department 16 in the executive branch may not engage in activity as a lobbyist under AS 24.45 for 17 a period of one year after leaving service as the governor, lieutenant governor, or 18 department head, as appropriate. This subsection does not prohibit service as a 19 volunteer lobbyist described in AS 24.45.161(a)(1) or a representational lobbyist as 20 defined under regulations of the Alaska Public Offices Commission. 21 * Sec. 78. AS 39.52.210(a) is amended to read: 22 (a) A public employee who is involved in a matter that may result in a 23 violation of AS 39.52.110 - 39.52.190 shall 24 (1) refrain from taking any official action relating to the matter until 25 a determination is made under this section; and 26 (2) immediately disclose the matter in writing to the designated 27 supervisor and the attorney general . 28 * Sec. 79. AS 39.52.210(b) is amended to read: 29 (b) A public employee's designated supervisor shall make a written 30 determination whether an employee's involvement violates AS 39.52.110 - 39.52.190 31 and shall provide a copy of the written determination to the public employee and
01 to the attorney general . If the supervisor determines that a violation could exist or 02 will occur, the supervisor shall, 03 (1) reassign duties to cure the employee's potential violation, if feasible; 04 or 05 (2) direct the divestiture or removal by the employee of the personal 06 or financial interests that give rise to the potential violation. 07 * Sec. 80. AS 39.52.220(a) is amended to read: 08 (a) A member of a board or commission who is involved in a matter that may 09 result in a violation of AS 39.52.110 - 39.52.190 shall disclose the matter on the public 10 record and in writing to the designated supervisor and to the attorney general . The 11 supervisor shall determine whether the member's involvement violates AS 39.52.110 - 12 39.52.190 and shall provide a copy of the written determination to the board or 13 commission member and to the attorney general . If a member of the board or 14 commission objects to the ruling of the supervisor, or if the supervisor discloses an 15 involvement requiring a determination, the members present at a meeting, excluding 16 the involved member, shall vote on the matter. If the supervisor or a majority of the 17 members voting determine that a violation will exist if the member continues to 18 participate, the member shall refrain from voting, deliberating, or participating in the 19 matter. 20 * Sec. 81. AS 39.52.230 is amended to read: 21 Sec. 39.52.230. Reporting of potential violations. A person may report to 22 a public officer's designated supervisor, under oath and in writing, a potential violation 23 of AS 39.52.110 - 39.52.190 by the public officer. The supervisor shall provide a 24 copy of the report to the officer who is the subject of the report and to the attorney 25 general , and shall review the report to determine whether a violation may exist. The 26 supervisor shall act in accordance with AS 39.52.210 or 39.52.220 if the supervisor 27 determines that the matter may result in a violation of AS 39.52.110 - 39.52.190. 28 * Sec. 82. AS 39.52.260 is amended by adding a new subsection to read: 29 (d) The attorney general shall submit to the personnel board a copy of the 30 quarterly reports received from designated supervisors under (a) of this section together 31 with a report on the attorney general's review conducted under (b) of this section.
01 * Sec. 83. AS 39.52 is amended by adding a new section to article 3 to read: 02 Sec. 39.52.270. Disclosure statements. (a) A public officer required to file 03 a disclosure statement under this chapter shall meet the requirements of this subsection 04 in making the disclosure. When the public officer files a disclosure statement under 05 this chapter, the public officer signing the disclosure shall certify that, to the best of 06 the public officer's knowledge, the statement is true, correct, and complete. The 07 disclosure must state that, in addition to any other penalty or punishment that may 08 apply, a person who submits a false statement that the person does not believe to be 09 true is punishable under AS 11.56.200 - 11.56.240. 10 (b) A designated supervisor who receives a disclosure statement under 11 AS 39.52.110 - 39.52.220 shall review it. If the designated supervisor believes that 12 there is a possibility that the activity or situation reported in a disclosure statement 13 filed under AS 39.52.110 - 39.52.190 may result in a violation of this chapter, the 14 designated supervisor shall take appropriate steps under AS 39.52.210 - 39.52.240. 15 Failure of the designated supervisor to proceed under AS 39.52.210 - 39.52.240 does 16 not relieve the public officer of the public officer's obligations under those statutes. 17 (c) In this section, "disclosure statement" means a report or written notice filed 18 under AS 39.52.110 - 39.52.220. 19 * Sec. 84. AS 39.52.310(a) is amended to read: 20 (a) The attorney general may initiate a complaint, or elect to treat as a 21 complaint , any matter disclosed under AS 39.52.210, 39.52.220, 39.52.250, or 22 39.52.260. The attorney general may not, during a campaign period, initiate a 23 complaint concerning the conduct of the governor or lieutenant governor who is 24 a candidate for election to state office. 25 * Sec. 85. AS 39.52.310(c) is amended to read: 26 (c) If a complaint alleges a violation of AS 39.52.110 - 39.52.190 by the 27 governor, lieutenant governor, or the attorney general, the matter shall be referred to 28 the personnel board. The personnel board shall return a complaint concerning the 29 conduct of the governor or lieutenant governor who is a candidate for election to 30 state office as provided in (j) of this section if the complaint is initiated during a 31 campaign period. The personnel board shall retain independent counsel who shall act
01 in the place of the attorney general under (d) - (i) of this section, AS 39.52.320 - 02 39.52.350, and 39.52.360(c) and (d). Notwithstanding AS 36.30.015(d), the 03 personnel board may contract for or hire independent counsel under this 04 subsection without notifying or securing the approval of the Department of Law. 05 * Sec. 86. AS 39.52.310 is amended by adding new subsections to read: 06 (j) The personnel board shall return a complaint concerning the conduct of the 07 governor or lieutenant governor who is a candidate for state office received during a 08 campaign period to the complainant unless the governor or lieutenant governor, as 09 appropriate, permits the personnel board to assume jurisdiction under this subsection. 10 If the personnel board receives a complaint concerning the conduct of the governor or 11 lieutenant governor who is a candidate during the campaign period, the personnel 12 board shall immediately notify the subject of the complaint of the receipt of the 13 complaint, of the suspension of the personnel board's jurisdiction during the campaign 14 period, and of the candidate's right to waive the suspension of jurisdiction under this 15 subsection. The candidate may, within 11 days after the personnel board mails or 16 otherwise sends notice of the complaint to the candidate, notify the personnel board 17 that the candidate chooses to have the personnel board proceed with the complaint 18 under this section. If the candidate does not act within that time or if the candidate 19 notifies the personnel board that the candidate is not waiving the suspension of 20 jurisdiction, the personnel board shall return the complaint to the complainant with 21 notice of the suspension of jurisdiction under this subsection and of the right of the 22 complainant to file the complaint after the end of the campaign period. 23 (k) A campaign period under this section begins on the later of 45 days before 24 a primary election in which the governor or lieutenant governor is a candidate for state 25 office or the day on which the individual files as a candidate for state office and ends 26 at the close of election day for the general or special election in which the individual 27 is a candidate or on the day that the candidate withdraws from the election, if earlier. 28 For a candidate who loses in the primary election, the campaign period ends on the 29 day that results of the primary election showing that another individual won the 30 election are certified. 31 * Sec. 87. AS 39.52.320 is amended to read:
01 Sec. 39.52.320. Dismissal before formal proceedings. If, after investigation, 02 it appears that there is no probable cause to believe that a violation of this chapter has 03 occurred, the attorney general shall dismiss the complaint [AND PREPARE AND 04 FILE A CONFIDENTIAL SUMMARY WITH THE PERSONNEL BOARD]. The 05 attorney general shall communicate disposition of the matter promptly to the 06 complainant under AS 39.52.335(c) and to the subject of the complaint. 07 * Sec. 88. AS 39.52 is amended by adding a new section to read: 08 Sec. 39.52.335. Summary of disposition of complaints and review by 09 personnel board. (a) When the attorney general initiates or receives a complaint 10 under AS 39.52.310, the attorney general shall immediately forward a copy of the 11 complaint to the personnel board. 12 (b) Each month, the attorney general shall file a report with the personnel 13 board concerning the status of each pending complaint and the resolution of 14 complaints that have been closed since the previous report. 15 (c) If a complaint is dismissed under AS 39.52.320 or resolved under 16 AS 39.52.330, the attorney general shall promptly prepare a summary of the matter 17 and provide a copy of the summary to the personnel board and the complainant. The 18 summary is confidential unless the 19 (1) dismissal or resolution agreed to under AS 39.52.320 or 39.52.330 20 is public; or 21 (2) superior court makes the matter public under (h) of this section. 22 (d) Within 15 days after receipt of a summary under this section, a 23 complainant may file comments with the personnel board regarding the disposition of 24 the complaint. 25 (e) At its next regular meeting that begins more than 15 days after receipt of 26 a summary under this section, the personnel board shall review the summary and 27 comments, if any, filed by the complainant. The personnel board may compel the 28 attendance of the subject of the complaint or the complainant at the meeting and may 29 compel the production of documents. Attendance may be by teleconference. The 30 attorney general or the attorney general's designee shall be available to respond to 31 questions from the personnel board concerning the disposition of the complaint.
01 (f) After review of the summary, the personnel board may issue a report on 02 the disposition of the complaint. If the matter is confidential and the board determines 03 that publication of the name of the subject is in the public interest, the report may 04 include a recommendation that the matter be made public. 05 (g) If the summary is confidential under (c) of this section, 06 (1) comments filed by the complainant, if any, are confidential; 07 (2) the personnel board shall conduct the review of the summary in 08 executive session; and 09 (3) the personnel board report, if any, is confidential; the personnel 10 board shall make available to the public an expurgated copy of a confidential report 11 with sufficient deletions and editing to prevent disclosure of the identity of the persons 12 involved in the matter. 13 (h) If the disposition of a complaint is not made public and the personnel 14 board report under (f) of this section includes a recommendation that the matter be 15 made public, an interested party may file an action against the state in superior court 16 requesting that the court make public the complaint, the attorney general's disposition 17 of the complaint, and the personnel board report. The court may order the matter or 18 portions of the matter made public if the court determines that 19 (1) the dismissal or resolution of the complaint was clearly contrary to 20 the requirements of this chapter; 21 (2) one or more of the allegations in the information to be released is 22 supported by substantial evidence; 23 (3) the matter concerns the public interest; and 24 (4) release of the information will not infringe on any protected rights 25 or liberties of the subject. 26 * Sec. 89. AS 39.52.340(a) is amended to read: 27 (a) Except as provided in AS 39.52.335, before [BEFORE] the initiation of 28 formal proceedings under AS 39.52.350, the complaint and all other documents and 29 information regarding an investigation conducted under this chapter [,] or obtained by 30 the attorney general during the investigation are [, IS] confidential and not subject 31 to inspection by the public. In the case of a complaint concerning the governor,
01 lieutenant governor, or attorney general, all meetings of the personnel board 02 concerning the complaint and investigation before the determination of probable 03 cause are closed to the public. If, in the course of an investigation or probable 04 cause determination, the attorney general finds evidence of probable criminal 05 activity, the attorney general shall transmit a statement and factual findings 06 limited to that activity to the appropriate law enforcement agency. If the attorney 07 general finds evidence of a probable violation of AS 15.13, the attorney general 08 shall transmit a statement to that effect and factual findings limited to the 09 probable violation to the Alaska Public Offices Commission . The attorney general 10 and all persons contacted during the course of an investigation shall maintain 11 confidentiality regarding the existence of the investigation. [A PERSON WHO 12 VIOLATES THIS SECTION IS GUILTY OF A CLASS A MISDEMEANOR.] 13 * Sec. 90. AS 39.52.960(11) is amended to read: 14 (11) "immediate family member" means 15 (A) the spouse of the person; 16 (B) another person cohabiting with the person in a conjugal 17 relationship that is not a legal marriage; 18 (C) a child, including a stepchild and an adoptive child, of 19 the person; 20 (D) a parent, sibling, grandparent, aunt, or uncle of the 21 person; and 22 (E) a parent or sibling of the person's spouse [A PUBLIC 23 OFFICER'S SPOUSE, A RELATION BY BLOOD WITHIN AND 24 INCLUDING THE SECOND DEGREE OF KINDRED, AND A REGULAR 25 MEMBER OF THE OFFICER'S HOUSEHOLD]; 26 * Sec. 91. PROVISIONS MADE SPECIFICALLY APPLICABLE TO INCUMBENT 27 LEGISLATORS. Notwithstanding any other provision of AS 15.13, the provisions of 28 AS 15.13.116(d), added by sec. 5 of this Act, apply to authorize a legislator holding office 29 in the legislature during the First Regular Session of the Twentieth Alaska State Legislature 30 who, under sec. 32, ch. 48, SLA 1996, retains unused campaign contributions in the 31 candidate's election campaign account, to transfer to a public office expense term account as
01 permitted under AS 15.13.116(d), enacted by sec. 5 of this Act. All amounts expended under 02 this section shall be annually accounted for under AS 15.13.110(a)(4). 03 * Sec. 92. Sections 4, 5, and 91 of this Act are retroactive to December 31, 1996. 04 * Sec. 93. Sections 1, 2, 4, 5, 91, and 92 of this Act take effect immediately under 05 AS 01.10.070(c). 06 * Sec. 94. Sections 3 and 6 - 90 of this Act take effect January 1, 1999.