HCS CSSB 105(FIN) AM H: "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(FIN) am H 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 15.13.040 is amended by adding a new subsection to read: 09 (i) The permission of the owner of real or personal property to post political 10 signs, including bumper stickers, or to use space for an event or to store campaign- 11 related materials is not considered to be a contribution to a candidate under this chapter unless 12 the owner customarily charges a fee or receives payment for that activity. The fact that the 13 owner customarily charges a fee or receives payment for posting signs that are not political 14 signs is not determinative of whether the owner customarily does so for political signs.
01 * Sec. 2. AS 15.13.070 is amended by adding a new subsection to read: 02 (e) This section does not prohibit a candidate from using up to a total of 03 $1,000 from campaign contributions in a year to pay the cost of 04 (1) attendance by a candidate or guests of the candidate at an event or 05 other function sponsored by a political party or by a subordinate unit of a political 06 party; 07 (2) membership in a political party, subordinate unit of a political party, 08 or other entity within a political party, or subscription to a publication from a political 09 party; or 10 (3) co-sponsorship of an event or other function sponsored by a 11 political party or by a subordinate unit of a political party. 12 * Sec. 3. AS 15.13.072(d) is amended to read: 13 (d) A candidate or an individual who has filed with the commission the 14 document necessary to permit that individual to incur election-related expenses under 15 AS 15.13.100 for election or reelection to the state legislature may not solicit or accept 16 a contribution while the legislature is convened in a regular or special legislative 17 session unless the solicitation or acceptance occurs 18 (1) during the 90 days immediately preceding an election in which the 19 candidate or individual is a candidate ; and 20 (2) in a place other than the capital city . 21 * Sec. 4. AS 15.13.072 is amended by adding a new subsection to read: 22 (g) A candidate or an individual who has filed with the commission the 23 document necessary to permit that individual to incur election-related expenses under 24 AS 15.13.100 for election or reelection to the office of governor or lieutenant governor 25 may not solicit or accept a contribution in the capital city while the legislature is 26 convened in a regular or special legislative session. 27 * Sec. 5. AS 15.13.074(c) is amended to read: 28 (c) A person or group may not make a contribution 29 (1) to a candidate for governor or lieutenant governor or an individual 30 who files with the commission the document necessary to permit that individual to 31 incur certain election-related expenses as authorized by AS 15.13.100 for governor or
01 lieutenant governor [,] before the later of the following dates: 02 (A) the date the individual 03 (i) becomes a candidate; or 04 (ii) files with the commission the document necessary 05 to permit the individual to incur certain election-related expenses 06 as authorized by AS 15.13.100; or 07 (B) January 1 of the year of the election when the office is to 08 be filled at a general election; or 09 (C) the date of the proclamation when the office is to be 10 filled at a special election ; 11 (2) to a candidate for the state legislature or an individual who files 12 with the commission the document necessary to permit that individual to incur certain 13 election-related expenses as authorized by AS 15.13.100 for the state legislature while 14 the legislature is convened in a regular or special legislative session, unless the 15 contribution is made in a place other than the capital city during the 90 days 16 immediately preceding an election in which the candidate or individual is a candidate, 17 or before the later of the following dates: 18 (A) the date the individual 19 (i) becomes a candidate; or 20 (ii) files with the commission the document necessary 21 to permit the individual to incur certain election-related expenses as 22 authorized by AS 15.13.100; or 23 (B) January 1 of the year of the election; 24 (3) to a candidate or an individual who files with the commission the 25 document necessary to permit that individual to incur certain election-related expenses 26 as authorized by AS 15.13.100 for an office that is to be filled at a municipal election 27 before the later of the following dates: 28 (A) the date the individual 29 (i) becomes a candidate; or 30 (ii) files with the commission the document necessary 31 to permit that individual to incur certain election-related expenses as
01 authorized by AS 15.13.100; 02 (B) the date that is nine months before the date of the 03 municipal election; or 04 (4) to any candidate after the earlier of December 31 of the year of 05 the election or the 60th [LATER THAN THE 45TH] day 06 (A) after the date of a primary election if the candidate 07 (i) has been nominated at the primary election or is 08 running as a write-in candidate; and 09 (ii) is not opposed at the general election; 10 (B) after the date of the primary election if the candidate was not 11 nominated at the primary election; or 12 (C) after the date of the general election, or after the date of a 13 municipal or municipal runoff election, if the candidate was opposed at the 14 general, municipal, or municipal runoff election ; 15 (5) in the capital city to a candidate for governor or lieutenant 16 governor or the state legislature when the legislature is convened in a regular or 17 special legislative session . 18 * Sec. 6. AS 15.13.110(a) is amended to read: 19 (a) Each candidate and group shall make a full report in accordance with 20 AS 15.13.040 for the period ending three days before the due date of the report and 21 beginning on the last day covered by the most recent previous report. If the report is 22 a first report, it shall cover the period from the beginning of the campaign to the date 23 three days before the due date of the report. If the report is a report due February 15, 24 it shall cover the period beginning on the last day covered by the most recent previous 25 report or on the day that the campaign started, whichever is later, and ending on 26 December 31 of the prior year. The report shall be filed 27 (1) 30 days before the election; however, this report is not required if 28 the deadline for filing a nominating petition or declaration of candidacy is within 30 29 days of the election; 30 (2) one week before the election; 31 (3) 10 days after the election; and
01 (4) February 15 for expenditures made and contributions received that 02 were not reported during the previous year, including, if applicable, all amounts 03 expended from a public [LEGISLATIVE] office expense term account established 04 under AS 15.13.116(a)(8) [AS 15.13.116(a)(9)] and all amounts expended from a 05 municipal office account under AS 15.13.116(a)(9) [AS 15.13.116(a)(10)], or when 06 expenditures were not made or contributions were not received during the previous 07 year. 08 * Sec. 7. AS 15.13.112 is amended by adding a new subsection to read: 09 (c) A candidate may use up to a total of $1,000 in campaign contributions in 10 a year to pay the cost of 11 (1) attending, or paying the cost for guests of the candidate to attend, 12 an event or other function sponsored by a political party or subordinate unit of a 13 political party; 14 (2) membership in a political party, subordinate unit of a political party, 15 or other entity within a political party, or subscription to a publication from a political 16 party; and 17 (3) co-sponsorship of an event or other function sponsored by a 18 political party or by a subordinate unit of a political party. 19 * Sec. 8. AS 15.13.116(a) is amended to read: 20 (a) A candidate who, after the date of the general, special, municipal, or 21 municipal runoff election or after the date the candidate withdraws as a candidate, 22 whichever comes first, holds unused campaign contributions shall distribute the amount 23 held within 90 days. The distribution may only be made to 24 (1) pay bills incurred for expenditures reasonably related to the 25 campaign and the winding up of the affairs of the campaign , including a victory or 26 thank you party and thank you gifts to campaign employees and volunteers , and 27 to pay expenditures associated with post-election fund raising that may be needed to 28 raise funds to pay off campaign debts; 29 (2) [PAY FOR A VICTORY OR A THANK YOU PARTY COSTING 30 LESS THAN $500, OR TO GIVE A THANK YOU GIFT OF A VALUE OF LESS 31 THAN $50 TO A CAMPAIGN EMPLOYEE OR VOLUNTEER;
01 (3)] make donations, without condition, to 02 (A) a political party; 03 (B) the state's general fund; 04 (C) a municipality of the state; or 05 (D) the federal government; 06 (3) [(4)] make donations, without condition, to organizations qualified 07 as charitable organizations under 26 U.S.C. 501(c)(3), provided the organization is not 08 controlled by the candidate or a member of the candidate's immediate family; 09 (4) [(5)] repay loans from the candidate to the candidate's own 10 campaign under AS 15.13.078(b); 11 (5) [(6)] repay contributions to contributors, but only if repayment of 12 the contribution is made pro rata in approximate proportion to the contributions made 13 using one of the following, as the candidate determines: 14 (A) to all contributors; 15 (B) to contributors who have contributed most recently; or 16 (C) to contributors who have made larger contributions; 17 (6) [(7)] establish a fund for, and from that fund to pay, attorney fees 18 or costs incurred in the prosecution or defense of an administrative or civil judicial 19 action that directly concerns a challenge to the victory or defeat of the candidate in the 20 election; 21 (7) [(8)] transfer all or a portion of the unused campaign contributions 22 to an account for a future election campaign; a transfer under this paragraph is limited 23 to 24 (A) $50,000, if the transfer is made by a candidate for governor 25 or lieutenant governor; 26 (B) $10,000, if the transfer is made by a candidate for the state 27 senate; 28 (C) $5,000, if the transfer is made by a candidate for the state 29 house of representatives; and 30 (D) $5,000, if the transfer is made by a candidate for an office 31 not described in (A) - (C) of this paragraph;
01 (8) [(9)] transfer all or a portion of the unused campaign contributions 02 to a public [LEGISLATIVE] office expense term account or to a public office 03 expense term account reserve in accordance with (d) of this section ; a transfer 04 under this paragraph is subject to the following: 05 (A) the authority to transfer is limited to candidates who are 06 elected to the state legislature; 07 (B) the public [LEGISLATIVE] office expense term account 08 established under this paragraph may be used only for expenses associated with 09 the candidate's serving as a member of the legislature; 10 (C) all amounts expended from the public [LEGISLATIVE] 11 office expense term account shall be annually accounted for under 12 AS 15.13.110(a)(4); and 13 (D) a transfer under this paragraph is limited to $5,000 14 multiplied by the number of years in the term to which the candidate is elected; 15 and 16 (9) [(10)] transfer all or a portion of the unused campaign contributions 17 to a municipal office account; a transfer under this paragraph is subject to the 18 following: 19 (A) the authority to transfer is limited to candidates who are 20 elected to municipal office, including a municipal school board; 21 (B) the municipal office account established under this 22 paragraph may be used only for expenses associated with the candidate's 23 serving as mayor or as a member of the assembly, city council, or school 24 board; 25 (C) all amounts expended from the municipal office account 26 shall be annually accounted for under AS 15.13.110(a)(4); and 27 (D) a transfer under this paragraph is limited to $5,000. 28 * Sec. 9. AS 15.13.116(b) is amended to read: 29 (b) After a general, special, municipal, or municipal runoff election, a 30 candidate may retain the ownership of one computer and one printer and of personal 31 property, except money, that was acquired by and for use in the campaign. The
01 current fair market value of the property retained, exclusive of the computer and 02 printer, may not exceed $2,500. All other property shall be disposed of, or sold and 03 the sale proceeds disposed of, in accordance with (a) or (c) of this section. 04 Notwithstanding any other provision of this chapter, a candidate may (1) retain 05 a bulk mailing permit that was paid for with campaign funds, and (2) use 06 personal funds, campaign funds, or unused campaign contributions transferred 07 to a public office expense term account under (a)(8) of this section to pay the 08 continuing charges for the permit after the election. Money used to continue the 09 life of the permit is not considered to be a contribution under this chapter. In 10 addition to any other use permitted under this chapter, during the candidate's 11 term of office, the candidate may use the bulk mailing permit for mailings 12 associated with service in the office to which the candidate was elected. During 13 the candidate's term of office, if the candidate files a declaration of candidacy or 14 a letter of intent to become a candidate for the same or a different elective office, 15 the candidate may also use the bulk mailing permit in that election campaign. 16 * Sec. 10. AS 15.13.116 is amended by adding a new subsection to read: 17 (d) After a general or special election, a candidate for the state legislature who 18 has been elected to the state legislature in that election may, from the amount retained 19 in the public office expense term account reserve under this subsection, transfer to a 20 public office expense term account not more than $5,000 each calendar year for use 21 only for expenses associated with the candidate's serving as a member of the 22 legislature. A candidate for the senate may transfer up to $20,000 from unused 23 campaign contributions to a public office expense term account reserve. A candidate 24 for the house of representatives may transfer up to $10,000 from unused campaign 25 contributions to a public office expense term account reserve. The public office 26 expense term account reserve may only be used to make transfers to the public office 27 expense term account. At the end of the candidate's term of office, a balance in the 28 public office expense term account reserve must be disposed of as provided in (a) of 29 this section but may not be disposed of as provided in (a)(1), (4), or (6) - (9) of this 30 section. All amounts expended under this subsection shall be annually accounted for 31 under AS 15.13.110(a)(4).
01 * Sec. 11. AS 23.20.526(d) is amended to read: 02 (d) For the purposes of AS 23.20.525(a)(4) - (6) and (14), the term 03 "employment" does not apply to service performed 04 (1) by a duly ordained, commissioned, or licensed minister of a church 05 in the exercise of the person's ministry or by a member of a religious order in the 06 exercise of duties required by the order; 07 (2) in a facility conducted for the purpose of carrying out a program 08 of rehabilitation for individuals whose earning capacity is impaired by age or physical 09 or mental deficiency or injury or providing remunerative work for individuals who, 10 because of their impaired physical or mental capacity, cannot be readily absorbed in 11 the competitive labor market by an individual receiving the rehabilitation or 12 remunerative work; 13 (3) as part of an unemployment work-relief or work-training program 14 assisted or financed in whole or in part by any federal agency or any agency of a state 15 or political subdivision of the state, by an individual receiving work relief or work 16 training; 17 (4) for a state hospital by an inmate of a prison or correctional 18 institution; 19 (5) in the employ of a school, college, or university [,] if the service 20 is performed by a student who is enrolled and is regularly attending classes at the 21 school, college, or university; 22 (6) by an individual under the age of 22 who is enrolled at a nonprofit 23 or public educational institution that [WHICH] normally maintains a regular faculty 24 and curriculum and normally has a regularly organized body of students in attendance 25 at the place where its educational activities are carried on as a student in a full-time 26 program, taken for credit at the institution, that [WHICH] combines academic 27 instruction with work experience, if the service is an integral part of the program, and 28 the institution has so certified to the employer, except that this paragraph does not 29 apply to service performed in a program established for or on behalf of an employer 30 or group of employers; 31 (7) in the employ of a hospital, if the service is performed by a patient
01 of the hospital, as defined in AS 23.20.520; 02 (8) in the employ of the state or a political subdivision of the state if 03 the service is performed by an individual in the exercise of duties 04 (A) as a judicial officer, the governor, the lieutenant 05 governor, a person hired or appointed as the head or deputy head of a 06 department in the executive branch, a person hired or appointed as the 07 director of a division of a department in the executive branch, an assistant 08 to the governor, a chair or member of a state commission or board, state 09 investment officers and the state comptroller in the Department of 10 Revenue, the executive director of the Alaska Tourism Marketing Council, 11 an appointed or elected municipal officer ["PUBLIC OFFICIAL" 12 AS DEFINED IN AS 39.50.200(a)], any other elected official, the fiscal analyst 13 of the legislative finance division, the legislative auditor of the legislative audit 14 division, the executive director of the Legislative Affairs Agency, and the 15 directors of the divisions within the Legislative Affairs Agency; 16 (B) as a member of the Alaska Army National Guard or Alaska 17 Air National Guard or Alaska Naval Militia; or 18 (C) as an employee serving on only a temporary basis in case 19 of fire, storm, snow, earthquake, flood, or similar emergency; 20 (9) in the employ of 21 (A) a church or a convention or association of churches; or 22 (B) an organization that [WHICH] is operated primarily for 23 religious purposes and that [WHICH] is operated, supervised, controlled, or 24 principally supported by a church or a convention or association of churches. 25 * Sec. 12. AS 24.45.041(b) is amended to read: 26 (b) The registration form prescribed by the commission must include 27 (1) the lobbyist's full name and complete permanent residence and 28 business address and telephone number, as well as any temporary residential and 29 business address and telephone number in the state capital during a legislative session; 30 (2) the full name and complete address of each person by whom the 31 lobbyist is retained or employed;
01 (3) whether the person from whom the lobbyist receives compensation 02 employs the person solely as a lobbyist or whether the person is a regular employee 03 performing other services for the employer that [WHICH] include but are not limited 04 to the influencing of legislative or administrative action; 05 (4) the nature or form of the lobbyist's compensation for engaging in 06 lobbying, including salary, fees, or reimbursement for expenses received in 07 consideration for, or directly in support of or in connection with, the influencing of 08 legislative or administrative action; 09 (5) a general description of the subjects or matters on which the 10 registrant expects to lobby or to engage in the influencing of legislative or 11 administrative action; 12 (6) the full name and complete address of the person, if other than the 13 registrant, who has custody of the accounts, books, papers, bills, receipts, and other 14 documents required to be maintained under this chapter ; 15 (7) the identification of a legislator, legislative employee, or public 16 official to whom the lobbyist is married or who is the spousal equivalent of the 17 lobbyist; in this paragraph, "spousal equivalent" has the meaning given in 18 AS 39.50.030(g) . 19 * Sec. 13. AS 24.60.030(a) is amended to read: 20 (a) A legislator or legislative employee may not 21 (1) solicit, agree to accept, or accept a benefit other than official 22 compensation for the performance of public duties; this paragraph may not be 23 construed to prohibit lawful solicitation for and acceptance of campaign contributions 24 or the acceptance of a lawful gratuity under AS 24.60.080; 25 (2) use public funds, facilities, equipment, services, or another 26 government asset or resource for a nonlegislative [NONGOVERNMENTAL] purpose , 27 for involvement in or support of or opposition to partisan political activity, or for 28 the private benefit of either the legislator, legislative employee, or another person; this 29 paragraph does not prohibit 30 (A) limited use of state property and resources for personal 31 purposes if the use does not interfere with the performance of public duties and
01 either the cost or value related to the use is nominal or the legislator or 02 legislative employee reimburses the state for the cost of the use ; 03 (B) the use of mailing lists, computer data, or other information 04 lawfully obtained from a government agency and available to the general public 05 for nonlegislative [NONGOVERNMENTAL] purposes; [OR] 06 (C) telephone or facsimile use that does not carry a special 07 charge; 08 (D) the legislative council, notwithstanding AS 24.05.190, 09 from designating a public facility for use by legislators and legislative 10 employees for health or fitness purposes; when the council designates a 11 facility to be used by legislators and legislative employees for health or 12 fitness purposes, it shall adopt guidelines governing access to and use of 13 the facility; the guidelines may establish times in which use of the facility 14 is limited to specific groups; or 15 (E) a legislator from using the legislator's private office in 16 the capital city during a legislative session, and for the five days 17 immediately before and the five days immediately after a legislative 18 session, for nonlegislative purposes if the use does not interfere with the 19 performance of public duties and if there is no cost to the state for the use 20 of the space and equipment, other than utility costs and minimal wear and 21 tear, or the legislator promptly reimburses the state for the cost; an office 22 is considered a legislator's private office under this subparagraph if it is 23 the primary space in the capital city reserved for use by the legislator, 24 whether or not it is shared with others; 25 (3) knowingly seek, accept, use, allocate, grant, or award public funds 26 for a purpose other than that approved by law, or make a false statement in connection 27 with a claim, request, or application for compensation, reimbursement, or travel 28 allowances from public funds; 29 (4) require a legislative employee to perform services for the private 30 benefit of the legislator or employee at any time, or allow a legislative employee to 31 perform services for the private benefit of a legislator or employee on government
01 time; it is not a violation of this paragraph if the services were performed in an 02 unusual or infrequent situation and the person's services were reasonably necessary to 03 permit the legislator or legislative employee to perform official duties; 04 (5) use or authorize the use of state funds, facilities, equipment, 05 services, or another government asset or resource for the purpose of political fund 06 raising or campaigning; this paragraph does not prohibit 07 (A) limited use of state property and resources for personal 08 purposes if the use does not interfere with the performance of public duties and 09 either the cost or value related to the use is nominal or the legislator or 10 legislative employee reimburses the state for the cost of the use ; 11 (B) the use of mailing lists, computer data, or other information 12 lawfully obtained from a government agency and available to the general public 13 for nonlegislative [NONGOVERNMENTAL] purposes; [OR] 14 (C) telephone or facsimile use that does not carry a special 15 charge ; 16 (D) storing or maintaining, consistent with (b) of this 17 section, election campaign records in a legislator's office; or 18 (E) a legislator from using the legislator's private office in 19 the capital city during a legislative session, and for the five days 20 immediately before and the five days immediately after a legislative 21 session, for nonlegislative purposes if the use does not interfere with the 22 performance of public duties and if there is no cost to the state for the use 23 of the space and equipment, other than utility costs and minimal wear and 24 tear, or the legislator promptly reimburses the state for the cost; an office 25 is considered a legislator's private office under this subparagraph if it is 26 the primary space in the capital city reserved for use by the legislator, 27 whether or not it is shared with others . 28 * Sec. 14. AS 24.60.030(c) is repealed and reenacted to read: 29 (c) Unless approved by the committee, during a campaign period for an 30 election in which the legislator or legislative employee is a candidate, a legislator or 31 legislative employee may not use or permit another to use state funds, other than funds
01 to which the legislator is entitled under AS 24.10.110, to print or distribute a political 02 mass mailing to individuals eligible to vote for the candidate. In this subsection, 03 (1) a "campaign period" is the period that 04 (A) begins 90 days before the date of an election to the board 05 of an electric or telephone cooperative organized under AS 10.25, a municipal 06 election, or a primary election, or that begins on the date of the governor's 07 proclamation calling a special election; and 08 (B) ends the day after the cooperative election, municipal 09 election, or general or special election; 10 (2) a mass mailing is considered to be political if it is from or about 11 a legislator, legislative employee, or another person who is a candidate for election or 12 reelection to the legislature or another federal, state, or municipal office or to the board 13 of an electric or telephone cooperative. 14 * Sec. 15. AS 24.60.030(d) is amended to read: 15 (d) A legislator, legislative employee, or another person on behalf of the 16 legislator or legislative employee , or a campaign committee of the legislator or 17 legislative employee , may not distribute or post campaign literature, placards, posters, 18 fund-raising notices, or other communications intended to influence the election of 19 a candidate in an election in public areas in a facility ordinarily used to conduct state 20 government business. This prohibition applies whether or not the election has been 21 concluded. However, a legislator may post, in the legislator's private office, 22 communications related to an election that has been concluded. 23 * Sec. 16. AS 24.60.030(f) is amended to read: 24 (f) A legislative employee may not serve in a position that requires 25 confirmation by the legislature. A legislator or legislative employee may serve on a 26 board of an organization, including a governmental entity, that regularly has a 27 substantial interest in the legislative activities of the legislator or employee [,] if the 28 legislator or employee discloses the board membership to the committee. A legislator 29 or legislative employee who is required to make a disclosure under this subsection 30 shall file the disclosure with the committee by the deadlines set out in 31 AS 24.60.105 stating the name of each organization on whose board the person
01 serves. The committee shall maintain a public record of the disclosure and 02 forward the disclosure to the appropriate house for inclusion in the journal. This 03 subsection does not require a legislator or legislative employee who is appointed 04 to a board by the presiding officer to make a disclosure of the appointment to the 05 committee if the appointment has been published in the appropriate legislative 06 journal during the calendar year. 07 * Sec. 17. AS 24.60.030(g) is amended to read: 08 (g) Unless required by the Uniform Rules of the Alaska State Legislature, a 09 legislator [OR LEGISLATIVE EMPLOYEE] may not vote on a question 10 [PARTICIPATE IN LEGISLATIVE, ADMINISTRATIVE, OR POLITICAL ACTION] 11 if the legislator [OR LEGISLATIVE EMPLOYEE] has an equity or ownership interest 12 in a business, investment, real property, lease, or other enterprise if the interest is 13 substantial and the effect on that interest of the action to be voted on [THAT 14 INTEREST] is greater than the effect on a substantial class of persons to which the 15 legislator [OR LEGISLATIVE EMPLOYEE] belongs as a member of a profession, 16 occupation, industry, or region. 17 * Sec. 18. AS 24.60.030 is amended by adding a new subsection to read: 18 (h) An employee who engages in political campaign activities other than 19 incidental campaign activities during the employee's work day shall take leave for the 20 period of campaigning. Political campaign activities while on government time are 21 permissible if the activities are part of the normal legislative duties of the employee, 22 including answering telephone calls and handling incoming correspondence. 23 * Sec. 19. AS 24.60.031(a) is amended to read: 24 (a) A legislator or legislative employee may not 25 (1) on a day when either house of [WHILE] the legislature is in 26 regular or special session, solicit or accept a contribution or a promise or pledge to 27 make a contribution for a campaign for the state legislature; however, a legislator 28 or legislative employee may, except in the capital city, solicit or accept a 29 contribution, promise, or pledge for a campaign for the state legislature that 30 occurs during the 90 days immediately preceding an election [STATE 31 LEGISLATIVE CAMPAIGN];
01 (2) accept money from an event held on a day when either house of 02 the legislature is in regular or special [DURING A LEGISLATIVE] session if a 03 substantial purpose of the event is [EITHER] to raise money on behalf of the member 04 or legislative employee for [CAMPAIGN PURPOSES OR TO RAISE MONEY FOR] 05 state legislative political purposes; however, this paragraph does not prohibit a 06 legislator or legislative employee from accepting money from an event held in a 07 place other than the capital city during the 90 days immediately preceding an 08 election; or 09 (3) in a campaign for the state legislature, expend money that was 10 raised on a day when either house of the legislature was in a [STATE] legislative 11 session [CAMPAIGN THAT WAS RAISED] by or on behalf of a legislator [DURING 12 A LEGISLATIVE SESSION] under a declaration of candidacy or a general letter of 13 intent to become a candidate for public office ; however, this paragraph does not 14 apply to money raised in a place other than the capital city during the 90 days 15 immediately preceding an election . 16 * Sec. 20. AS 24.60.039 is amended by adding a new subsection to read: 17 (b) If a person files a complaint with the committee under AS 24.60.170 18 alleging a violation of this section, the committee may refer the complainant to the 19 State Commission for Human Rights and may defer its consideration of the complaint 20 until after the complainant establishes to the satisfaction of the committee that the 21 commission has completed its proceedings in the matter. 22 * Sec. 21. AS 24.60.040(a) is amended to read: 23 (a) A legislator or legislative employee, or a member of the immediate family 24 of a legislator or legislative employee , may not be a party to or have an interest in a 25 state contract or lease unless the contract or lease is let [THROUGH COMPETITIVE 26 SEALED BIDDING] under AS 36.30 (State Procurement Code) or, for agencies that 27 are not subject to AS 36.30, under similar procedures, or the total annual amount 28 of the state contract or lease is $5,000 [$1,000] or less, or is a standardized contract 29 or lease that was developed under publicly established guidelines and is generally 30 available to the public at large, members of a profession, occupation, or group. A 31 person has an interest in a state contract or lease under this section if the person
01 receives direct or indirect financial benefits. A legislator or legislative employee who 02 participates in, or who knows or reasonably should know that a family member 03 is participating in, a state contract or lease that has an annual value of $5,000 or 04 more shall disclose the participation to the committee by the date required under 05 AS 24.60.105. The legislator or legislative employee shall also disclose the 06 renegotiation of a state contract or lease if the original had to be disclosed under 07 this section or if, as a result of renegotiation, disclosure is required under this 08 section. The disclosure must state the amount of the contract or lease and the 09 name of the state agency issuing the contract or lease and must identify the 10 procedures under which the contract or lease was issued. If the disclosure 11 concerns a contract or lease in which a family member of the discloser is 12 participating, the disclosure must identify the relationship between the participant 13 and the discloser. 14 * Sec. 22. AS 24.60.040 is amended by adding a new subsection to read: 15 (c) This section does not apply to a contract or lease issued under a state 16 program or loan that is subject to AS 24.60.050. A grant that results in a contract but 17 that is not subject to AS 24.60.050 is subject to this section. 18 * Sec. 23. AS 24.60.050(c) is amended to read: 19 (c) A legislator or legislative employee who participates in a program or 20 receives a loan that is not exempt from disclosure under (a) of this section shall file 21 a written report with the committee by the date required under AS 24.60.105 22 [FEBRUARY 15 OF EACH YEAR] stating the amounts of the loans outstanding or 23 benefits received during the preceding calendar year from nonqualifying programs. If 24 the committee requests additional information necessary to determine the propriety of 25 participating in the program or receiving the loan, it shall be promptly provided. The 26 committee shall promptly compile a list of the statements indicating the loans and 27 programs and amounts and send it to the presiding officer of each house who shall 28 have it published in the supplemental journals within three weeks after [OF] the filing 29 date. A legislator or legislative employee who believes that disclosure of 30 participation in a program would be an invasion of the participant's right to 31 privacy under the state constitution may request the committee to keep the
01 disclosure confidential. If the committee finds that publication would constitute 02 an invasion of privacy, the committee shall publish only the fact that a person has 03 participated in the program and the amount of benefit that the unnamed person 04 received. The committee shall maintain the disclosure of the name of the person 05 as confidential and may only use the disclosure in a proceeding under 06 AS 24.60.170. If the disclosure becomes part of the record of a proceeding under 07 AS 24.60.170, the disclosure may be made public as provided in that section. 08 * Sec. 24. AS 24.60.060 is amended by adding a new subsection to read: 09 (b) A legislator or legislative employee who is the subject of a complaint 10 under AS 24.60.170 violates this section if the legislator or legislative employee 11 violates a protective order issued under AS 24.60.170(i). 12 * Sec. 25. AS 24.60.070(b) is amended to read: 13 (b) A legislator or legislative employee required to make a disclosure 14 under this section shall make a disclosure by the date set under AS 24.60.105 of 15 the legislator's or legislative employee's close economic associations then in 16 existence. A disclosure under this section must be sufficiently detailed that a reader 17 of the disclosure can ascertain the nature of the association. 18 * Sec. 26. AS 24.60.070 is amended by adding a new subsection to read: 19 (d) When making a disclosure under (a) of this section concerning a 20 relationship with a lobbyist to whom the legislator or legislative employee is married 21 or who is the legislator's or legislative employee's spousal equivalent, the legislator or 22 legislative employee shall also disclose the name and address of each employer of the 23 lobbyist and the total monetary value received by the lobbyist from the lobbyist's 24 employer. The legislator or legislative employee shall report changes in the employer 25 of the spouse or spousal equivalent within 48 hours after the change. In this 26 subsection, "employer of the lobbyist" means the person from whom the lobbyist 27 received amounts or things of value for engaging in lobbying on behalf of the person. 28 * Sec. 27. AS 24.60.080(a) is amended to read: 29 (a) Except as otherwise provided in this section, a [A] legislator or 30 legislative employee may not solicit, accept, or receive, directly or indirectly, a gift 31 worth $250 [$100] or more, whether in the form of money, services, a loan, travel,
01 entertainment, hospitality, promise, or other form, or gifts from the same person worth 02 less than $250 [$100] that in a calendar year aggregate to $250 [$100] or more in 03 value . Except for food or beverage for immediate consumption, a legislator or 04 legislative employee [, AND] may not solicit, accept, or receive during a legislative 05 session a gift with any monetary value from a lobbyist or a person acting on behalf 06 of a lobbyist. 07 * Sec. 28. AS 24.60.080(c) is amended to read: 08 (c) Notwithstanding (a) of this section, it is not a violation of this section for 09 a legislator or legislative employee to accept 10 (1) hospitality, other than hospitality described in (4) of this subsection , 11 (A) with incidental transportation at the residence of a person; 12 however, a vacation home located outside the state is not considered a 13 residence for the purposes of this subparagraph; or 14 (B) at a social event or meal; 15 (2) discounts that are available 16 (A) generally to the public or to a large class of persons to 17 which the person belongs; or 18 (B) when on official state business, but only if receipt of the 19 discount benefits the state; 20 (3) food or foodstuffs indigenous to the state that are shared generally 21 as a cultural or social norm; 22 (4) travel and hospitality primarily for the purpose of obtaining 23 information on matters of legislative concern; 24 (5) gifts from the immediate family of the person; [OR] 25 (6) gifts that are not connected with the recipient's legislative status ; 26 (7) a discount for all or part of a legislative session, including time 27 immediately preceding or following the session, or other gift to welcome a 28 legislator or legislative employee who is employed on the personal staff of a 29 legislator or by a standing or special committee to the capital city or in 30 recognition of the beginning of a legislative session if the gift or discount is 31 available generally to all legislators and the personal staff of legislators and staff
01 of standing and special committees; this paragraph does not apply to legislative 02 employees who are employed by the Legislative Affairs Agency, the office of the 03 chief clerk, the office of the senate secretary, the legislative budget and audit 04 committee, or the office of the ombudsman; or 05 (8) a gift of legal services in a matter of legislative concern and a 06 gift of other services related to the provision of legal services in a matter of 07 legislative concern . 08 * Sec. 29. AS 24.60.080(d) is repealed and reenacted to read: 09 (d) A legislator or legislative employee who accepts a gift under (c)(4) of this 10 section that has a value of $250 or more shall disclose to the committee, within 30 11 days after receipt of the gift, the name and occupation of the donor and the 12 approximate value of the gift. A legislator or legislative employee who accepts a gift 13 under (c)(8) of this section that the recipient expects will have a value of $250 or more 14 in the calendar year shall disclose to the committee, within 30 days after receipt of the 15 gift, the name and occupation of the donor, a general description of the matter of 16 legislative concern with respect to which the gift is made, and the approximate value 17 of the gift. The committee shall maintain a public record of the disclosures it receives 18 relating to gifts under (c)(4) and (8) of this section and shall forward the disclosures 19 to the appropriate house for inclusion in the journal. The committee shall forward to 20 the Alaska Public Offices Commission copies of the disclosures concerning gifts under 21 (c)(4) and (8) of this section that it receives from legislators and legislative directors. 22 A legislator or legislative employee who accepts a gift under (c)(6) of this section that 23 has a value of $250 or more shall disclose to the committee annually on or before 24 March 15 the name and occupation of the donor and a description of the gift. The 25 committee shall maintain disclosures relating to gifts under (c)(6) of this section as 26 confidential records and may only use, or permit a committee employee or contractor 27 to use, a disclosure under (c)(6) of this section in the investigation of a possible 28 violation of this section or in a proceeding under AS 24.60.170. If the disclosure 29 under (c)(6) of this section becomes part of the record of a proceeding under 30 AS 24.60.170, the confidentiality provisions of that section apply to the disclosure. 31 * Sec. 30. AS 24.60.080(e) is amended to read:
01 (e) A political contribution [THAT IS REPORTED UNDER AS 15.13.040] is 02 not a gift under this section if it is reported under AS 15.13.040 or is exempt from 03 the reporting requirement under AS 15.13.040(g). The use of a bulk mailing 04 permit owned by a legislator's campaign committee or used in a legislator's 05 election campaign is not a gift to that legislator under this section . 06 * Sec. 31. AS 24.60.080(f) is amended to read: 07 (f) Notwithstanding (a) of this section, a legislator or legislative employee may 08 accept a gift of property worth $250 [$100] or more, other than money, from another 09 [A FOREIGN] government or from an official of another [A FOREIGN] government 10 if the person accepts the gift on behalf of the legislature. The person shall, within 60 11 days after [OF] receiving the gift, deliver the gift to the legislative council, which 12 shall determine the appropriate disposition of the gift. In this subsection, "another 13 government" means a foreign government or the government of the United States, 14 another state, a municipality, or another jurisdiction. 15 * Sec. 32. AS 24.60.080(g) is amended to read: 16 (g) In this section, "immediate family" or "family member" means 17 (1) the spouse of the person; 18 (2) the person's spousal equivalent; 19 (3) a child, including a stepchild and an adoptive child, of the 20 person or of the person's spousal equivalent; 21 (4) a parent, sibling, grandparent, aunt, or uncle of the person; and 22 (5) a parent, sibling, grandparent, aunt, or uncle of the person's 23 spouse or the person's spousal equivalent; and 24 (6) a stepparent, stepsister, stepbrother, step-grandparent, step- 25 aunt, or step-uncle of the person, the person's spouse, or the person's spousal equivalent 26 [HAS THE MEANING GIVEN IN AS 24.60.990(a)(5) AND INCLUDES THE 27 GRANDPARENTS, AUNTS, AND UNCLES OF A PERSON, ALSO INCLUDES A 28 PERSON DESCRIBED IN THIS SUBSECTION OR AS 24.60.990(a)(5) WHO IS RELATED 29 TO THE PERSON BY MARRIAGE]. 30 * Sec. 33. AS 24.60.080 is amended by adding new subsections to read: 31 (h) Notwithstanding (a) of this section, a legislator or legislative employee may
01 solicit, accept, or receive a gift on behalf of a recognized, nonpolitical charitable 02 organization. 03 (i) A legislator, a legislative committee other than the Select Committee on 04 Legislative Ethics, or a legislative agency may accept (1) a gift of volunteer services 05 for legislative purposes so long as the person making the gift of services is not 06 receiving compensation from another source for the services or (2) a gift of the 07 services of a trainee who is participating in an educational program approved by the 08 committee if the services are used for legislative purposes. The committee shall 09 approve training under a program of the University of Alaska and training under 29 10 U.S.C. 1501 - 1792b (Job Training Partnership Act). A legislative volunteer or 11 educational trainee shall be considered to be a legislative employee for purposes of 12 compliance with AS 24.60.030 - 24.60.039, 24.60.060, 24.60.080, 24.60.085, 24.60.158 13 - 24.60.170, 24.60.176, and 24.60.178. If a person believes that a legislative volunteer 14 or educational trainee has violated the provisions of one of those sections, the person 15 may file a complaint under AS 24.60.170. The provisions of AS 24.60.170 apply to 16 the proceeding. 17 (j) A legislator or legislative employee who knows or reasonably should know 18 that a family member has received a gift because of the family member's connection 19 with the legislator or legislative employee shall report the receipt of the gift by the 20 family member to the committee if the gift would have to be reported under this 21 section if it had been received by the legislator or legislative employee or if receipt of 22 the gift by a legislator or legislative employee would be prohibited under this section. 23 (k) In this section, the value of a gift shall be determined by the fair market 24 value of the gift to the extent that the fair market value can be determined. 25 * Sec. 34. AS 24.60.085(a) is amended to read: 26 (a) A legislator or legislative employee may not 27 (1) seek or accept compensation for personal services that is 28 significantly greater than the value of [INVOLVES PAYMENTS THAT ARE NOT 29 COMMENSURATE WITH] the services rendered taking into account the higher rates 30 generally charged by specialists in a profession; or 31 (2) accept a payment of anything of value, except for actual and
01 necessarily incurred travel expenses, for an appearance or speech by the legislator or 02 legislative employee; this paragraph does not apply to the salary paid to a legislator 03 or legislative employee for making an appearance or speech as part of the legislator's 04 or legislative employee's normal course of employment. 05 * Sec. 35. AS 24.60.100 is amended to read: 06 Sec. 24.60.100. Representation. A legislator or legislative employee who 07 represents another person for compensation before an agency, board, or commission 08 of the state shall disclose the name of the person represented, the subject matter of the 09 representation, and the body before which the representation is to take place to the 10 committee. The disclosure shall be made by the deadlines set out in AS 24.60.105. 11 The committee shall maintain a public record of a [THE] disclosure under this section 12 and forward the disclosure to the respective house for inclusion in the journal. A 13 legislator or legislative employee may not represent another person for compensation 14 before an agency, committee, or other entity of the legislative branch. 15 * Sec. 36. AS 24.60 is amended by adding a new section to read: 16 Sec. 24.60.105. Deadlines for filing disclosures. (a) When a legislator or 17 legislative employee is required to file a disclosure under this chapter and a date by 18 which the disclosure must be filed is not otherwise set by statute, the deadlines set out 19 in this section shall apply. For disclosure of a matter or an interest that began or was 20 acquired during the interim between regular legislative sessions, whether or not the 21 regular session is extended or there is a special session, or during the last 30 days of 22 a regular session, the legislator or legislative employee shall disclose the matter by 23 March 15. For disclosure of a matter or an interest that began or was acquired during 24 a regular legislative session, but not during the last 30 days of the regular session, the 25 disclosure must be made within 30 days after the commencement of the interest or 26 representation. 27 (b) Disclosures under the following statutes are subject to the deadlines set out 28 in this section: 29 (1) service on the board of an organization as set out in 30 AS 24.60.030(f); 31 (2) an interest in a state contract or lease under AS 24.60.040 and the
01 renegotiation of the terms of a state contract or lease that materially affect the 02 obligations of either party; 03 (3) participation in a state program or receipt of a state loan under 04 AS 24.60.050 and the renegotiation of the terms of the program or loan if the 05 renegotiation materially affects the obligations of either party; 06 (4) formation or maintenance of a close economic association under 07 AS 24.60.070; 08 (5) representation of a client under AS 24.60.100. 09 * Sec. 37. AS 24.60.130(f) is amended to read: 10 (f) The committee may contract for professional services and may employ staff 11 as it considers necessary. A committee employee, including a person who provides 12 personal services under a contract with the committee, may not be a legislator, an 13 elected or appointed official of a state or local governmental entity, an officer of a 14 political party, a candidate for public office, or a registered lobbyist. The legislative 15 council shall provide office space, equipment, and additional staff support for the 16 committee. The committee shall submit a budget for each fiscal year to the finance 17 committees of the legislature and shall annually submit an estimated budget to the 18 governor for information purposes in preparation of the state operating budget. Public 19 members of the committee serve without compensation for their services, but are 20 entitled to per diem and travel expenses authorized for boards and commissions 21 under AS 39.20.180. 22 * Sec. 38. AS 24.60.130(g) is amended to read: 23 (g) Each legislative member serves for the duration of the legislature during 24 which the member is appointed. Each public member serves for a term that 25 commences on the date the member is ratified and ends on the first day of the third 26 regular session that follows the ratification. A public member whose term has expired 27 continues in office until a successor has been appointed and ratified or until the 30th 28 calendar day of the first legislative session that follows the successor's appointment, 29 whichever is earlier. A member of the committee may be removed from 30 membership on the committee for failure to carry out the person's duties as a 31 member of the committee. A legislator may be removed with the concurrence by
01 roll call vote of two-thirds of the full membership of the house of the legislature 02 to which the member belongs. A public member may be removed with the 03 concurrence by roll call vote of two-thirds of the full membership of each house 04 of the legislature. 05 * Sec. 39. AS 24.60.130(h) is amended to read: 06 (h) A member is disqualified from participating as a member in any 07 proceeding before the committee involving a complaint against the member or an 08 employee whose work is supervised by the member or an advisory opinion 09 requested by the member. If a regular legislative member of the committee is 10 disqualified under this subsection from participating in a proceeding involving a 11 complaint, the member's alternate shall be designated under (o) of this section 12 [THE LEGISLATURE IS IN SESSION WHEN A LEGISLATIVE MEMBER IS 13 DISQUALIFIED UNDER THIS SUBSECTION, THE PRESIDING OFFICER OF 14 THAT MEMBER'S HOUSE SHALL, WITH THE CONCURRENCE BY ROLL 15 CALL VOTE OF TWO-THIRDS OF THE FULL MEMBERSHIP OF THAT HOUSE, 16 APPOINT ANOTHER MEMBER FROM THAT HOUSE TO ACT AS A MEMBER 17 OF THE COMMITTEE IN THE PROCEEDING. IF THE LEGISLATURE IS NOT 18 IN SESSION WHEN A LEGISLATIVE MEMBER IS DISQUALIFIED, THE 19 PRESIDING OFFICER OF THE HOUSE OF WHICH THE DISQUALIFIED 20 LEGISLATOR IS A MEMBER SHALL APPOINT ANOTHER MEMBER FROM 21 THAT HOUSE, WITH A RECORDED CONCURRENCE OF A MAJORITY VOTE 22 OF THE SUBCOMMITTEE OF THAT HOUSE, TO ACT AS A MEMBER OF THE 23 COMMITTEE IN THE PROCEEDING]. 24 * Sec. 40. AS 24.60.130 is amended by adding a new subsection to read: 25 (o) When appointing members of the legislature to serve on the committee, the 26 speaker of the house or the president of the senate, as appropriate, shall appoint an 27 alternate member for each regular member. An alternate must have the same 28 qualifications as the regular member for whom the alternate stands as alternate and is 29 subject to confirmation as required for the regular member. If a regular legislative 30 member of the committee or a subcommittee is disqualified under (h) of this section 31 from serving on the committee or the subcommittee concerning a proceeding under
01 AS 24.60.170, the chair of the committee or a subcommittee shall designate the regular 02 member's alternate to serve in place of the regular member in the proceeding unless 03 the alternate is also disqualified from serving. The designation shall be treated as 04 confidential to the same extent that the identity of the subject of a complaint is 05 required to be kept confidential. 06 * Sec. 41. AS 24.60.134(a) is amended to read: 07 (a) Except as provided in (c) of this section, in [IN] addition to complying 08 with the other requirements of this chapter, a public member of the committee, an 09 employee of the committee, or a person under contract to provide personal services to 10 the committee may not , during the person's term of office or employment or 11 during the life of the contract, participate in 12 (1) [PARTICIPATE IN] political management or in a political 13 campaign for a candidate for election to federal, state, or local office, regardless 14 of whether the campaign is partisan or nonpartisan, or for passage or defeat of 15 a ballot measure of any type [DURING THE PERSON'S TERM OF OFFICE, 16 EMPLOYMENT, OR CONTRACT]; 17 (2) [PARTICIPATE IN] the campaign of, attend campaign fund-raising 18 events for, or make a financial contribution to 19 (A) a candidate for the legislature; 20 (B) an incumbent legislator or legislative employee who is a 21 candidate for another public office; or 22 (C) a person running for another office against an incumbent 23 legislator or legislative employee; [OR] 24 (3) a fund-raising event held on behalf of a political party or attend 25 a political party fund-raising event; or 26 (4) [PARTICIPATE IN] lobbying activities that would require the 27 person to register as a lobbyist except as required to inform the legislature concerning 28 legislation requested by the committee or other matters related to the committee. 29 * Sec. 42. AS 24.60.134 is amended by adding a new subsection to read: 30 (c) A person under contract to provide personal services to the committee who 31 is part of a corporation or partnership that includes individuals who will not be
01 participating directly in the work performed by the entity for the committee may 02 request the committee to exclude members of the entity from some or all of the 03 provisions of this section. The committee may grant the request if it finds that doing 04 so will not lead to the appearance that the committee is subject to undue political 05 influence and if there is no appearance of impropriety. 06 * Sec. 43. AS 24.60.160 is amended to read: 07 Sec. 24.60.160. Advisory opinions. (a) On the request of a person to 08 whom this chapter applies or who has been newly elected to the legislature, the 09 [THE] committee shall issue an advisory opinion within 60 [30] days [ON THE 10 REQUEST OF A PERSON TO WHOM THE CHAPTER APPLIES OR A PERSON 11 ELECTED TO THE LEGISLATURE WHO AT THE TIME OF ELECTION IS NOT 12 A MEMBER OF THE LEGISLATURE] as to whether the facts and circumstances of 13 a particular case constitute a violation of ethical standards. If it finds that it is 14 advisable to do so, the committee may issue an opinion under this section on the 15 request of a person who reasonably expects to become subject to this chapter 16 within the next 45 days. The 60-day [30-DAY] period for issuing an opinion may 17 be extended by the committee if the person requesting the opinion consents. 18 (b) An [THE] opinion issued under this section is binding on the committee 19 in any subsequent proceedings concerning the facts and circumstances of the particular 20 case unless material facts were omitted or misstated in the request for the advisory 21 opinion. Except as provided in this chapter , an advisory opinion is confidential but 22 shall be made public if a written request by the person who requested the opinion is 23 filed with the committee. 24 * Sec. 44. AS 24.60.170(a) is amended to read: 25 (a) The committee shall consider a complaint alleging a violation of this 26 chapter if the alleged violation occurred within two [FIVE] years before [OF] the date 27 that the complaint is filed with the committee and, when the subject of the complaint 28 is a former member of the legislature, the complaint is filed within one year after [OF] 29 the subject's departure from the legislature. The committee may not consider a 30 complaint filed against all members of the legislature, against all members of one 31 house of the legislature, or against a person employed by the legislative branch of
01 government after the person has terminated legislative service. However, the 02 committee may reinstitute proceedings concerning a complaint that was closed 03 because a former employee terminated legislative service or because a legislator 04 left the legislature if the former employee or legislator resumes legislative service, 05 whether as an employee or a legislator, within two years after the alleged 06 violation. [THE COMMITTEE MAY ALSO INITIATE COMPLAINTS ON ITS 07 OWN MOTION, SUBJECT TO THE SAME TIME LIMITATIONS.] The time 08 limitations of this subsection do not bar proceedings against a person who intentionally 09 prevents discovery of a violation of this chapter. 10 * Sec. 45. AS 24.60.170(b) is amended to read: 11 (b) A complaint may be initiated by any person. The complaint must be in 12 writing and signed under oath by the person making the complaint and must contain 13 a statement that the complainant has reason to believe that a violation of this 14 chapter has occurred and describe any facts known to the complainant to support 15 that belief . The committee shall upon request provide a form for a complaint to a 16 person wishing to file a complaint. Upon receiving a complaint, the committee shall 17 advise the complainant that the committee or the subject of the complaint may 18 ask the complainant to testify at any stage of the proceeding as to the 19 complainant's belief that the subject of the complaint has violated this chapter. 20 The committee shall respond to a complaint concerning the conduct of a 21 candidate for election to state office received during the campaign period in 22 accordance with (o) of this section. The committee shall treat a complaint 23 concerning the conduct of a candidate for election to state office that is pending 24 at the beginning of a campaign period in accordance with (p) of this section. The 25 committee shall immediately provide a copy of the complaint to the person who is the 26 subject of the complaint. 27 * Sec. 46. AS 24.60.170(c) is amended to read: 28 (c) When the committee receives a complaint under (a) of this section, it may 29 assign the complaint to a staff person. The staff person shall conduct a 30 preliminary examination of the complaint and advise the committee whether the 31 allegations of the complaint, if true, constitute a violation of this chapter and
01 whether there is credible information to indicate that a further investigation and 02 proceeding is warranted. The staff recommendation shall be based on the 03 information and evidence contained in the complaint as supplemented by the 04 complainant and by the subject of the complaint, if requested to do so by the staff 05 member. The committee shall consider the recommendation of the staff member, 06 if any, and shall determine whether the allegations of the complaint, if true, constitute 07 a violation of this chapter. If the committee determines that the allegations, if proven, 08 would not give rise to a violation, that the complaint is frivolous on its face, that 09 there is insufficient credible information that can be uncovered to warrant further 10 investigation by the committee, or that [IF] the committee's lack of jurisdiction is 11 apparent on the face of the complaint, the committee shall dismiss the complaint [,] 12 and shall notify the complainant and the subject of the complaint of the dismissal. 13 The committee may ask the complainant to provide clarification or additional 14 information before it makes a decision under this subsection and may request 15 information concerning the matter from the subject of the complaint. Neither the 16 complainant nor the subject of a complaint is obligated to provide the 17 information. A proceeding conducted under this subsection, documents that are 18 part of a proceeding, and a dismissal under this subsection are confidential as 19 provided in (l) of this section unless the subject of the complaint waives 20 confidentiality as provided in that subsection. 21 * Sec. 47. AS 24.60.170(f) is amended to read: 22 (f) If the committee determines after investigation that there is not probable 23 cause to believe that the subject of the complaint has violated this chapter, the 24 committee shall dismiss the complaint. The committee may also dismiss portions of 25 a complaint if it finds no probable cause to believe that the subject of the complaint 26 has violated this chapter as alleged in those portions. The committee shall issue a 27 decision explaining its dismissal. Committee deliberations and vote on the 28 dismissal order and decision are not open to the public or to the subject of the 29 complaint. A copy of the dismissal order and decision shall be sent to the 30 complainant and to the subject of the complaint. Notwithstanding (l) of this section, 31 a dismissal order and decision is open to inspection and copying by the public.
01 * Sec. 48. AS 24.60.170(g) is amended to read: 02 (g) If the committee investigation determines that a probable violation of this 03 chapter exists that may be corrected by action of the subject of the complaint and that 04 does not warrant sanctions other than correction, the committee may issue an opinion 05 recommending corrective action. This opinion shall be provided to the complainant 06 and to the subject of the complaint, and is open to inspection by the public. Within 07 20 days after receiving the opinion, the subject of the complaint may request a 08 confidential meeting with the committee at which meeting the committee shall 09 explain the reasons for its recommendations. The committee may divulge 10 confidential information to the subject of the complaint. The information remains 11 confidential. The subject of the complaint may comply with the opinion or may 12 request a hearing before the committee under (j) of this section. After the hearing , the 13 committee may amend or affirm the opinion. If the subject of the complaint agrees 14 to comply with the opinion but later fails to complete the corrective action in a 15 timely manner, the committee may formally charge the person as provided in (h) 16 of this section or may refer the matter to the appropriate house of the legislature, 17 in the case of a legislator, or, in the case of a legislative employee, to the 18 employee's appointing authority. The appropriate house of the legislature or the 19 appointing authority, as appropriate, may take action to enforce the corrective 20 action or may decline to take action and refer the matter to the committee. In 21 either case, the committee may formally charge the person under (h) of this 22 section. 23 * Sec. 49. AS 24.60.170(h) is amended to read: 24 (h) If the subject of a complaint fails to comply with an opinion and the 25 committee decides [ISSUED] under (g) of this section to charge the person , or if the 26 committee determines after investigation that there is probable cause to believe that the 27 subject of the complaint has committed a violation of this chapter that may require 28 sanctions instead of or in addition to corrective action, the committee shall formally 29 charge the person. The charge shall be served on the person charged, in a manner 30 consistent with the service of summons under the rules of civil procedure, and a copy 31 of the charge shall be sent to the complainant. The person charged may file a
01 responsive pleading to the committee admitting or denying some or all of the 02 allegations of the charge. 03 * Sec. 50. AS 24.60.170(i) is amended to read: 04 (i) A person charged under (h) [(b)] of this section may engage in discovery 05 in a manner consistent with the Alaska Rules of Civil Procedure. The committee may 06 adopt procedures that 07 (1) impose reasonable restrictions on the time for this discovery and on 08 the materials that may be discovered ; 09 (2) permit a person who is the subject of a complaint to engage in 10 discovery at an earlier stage of the proceedings; 11 (3) impose reasonable restrictions on the release of information that 12 the subject of a complaint acquires from the committee in the course of discovery, 13 or on information obtained by use of the committee's authority, in order to 14 protect the privacy of persons not under investigation to whom the information 15 pertains; however, the committee may not impose restrictions on the release of 16 information by the subject of the complaint unless the complainant has agreed to 17 be bound by similar restrictions and has not made public the information 18 contained in the complaint, information about the complaint, or the fact of filing 19 the complaint . 20 * Sec. 51. AS 24.60.170(l) is amended to read: 21 (l) Proceedings of the committee relating to complaints before it are 22 confidential until the committee determines that there is probable cause to believe that 23 a violation of this chapter has occurred. The complaint and all documents produced 24 or disclosed as a result of the committee investigation are confidential and not subject 25 to inspection by the public. If in the course of an investigation or probable cause 26 determination the committee finds evidence of probable criminal activity, the 27 committee shall transmit a statement and factual findings limited to that activity to the 28 appropriate law enforcement agency. If the committee finds evidence of a probable 29 violation of AS 15.13, the committee shall transmit a statement to that effect and 30 factual findings limited to the probable violation to the Alaska Public Offices 31 Commission. All meetings of the committee before the determination of probable
01 cause are closed to the public and to legislators who are not members of the 02 committee. However, the committee may permit the subject of the complaint to 03 attend a meeting other than the deliberations on probable cause . The 04 confidentiality provisions of this subsection may be waived by the subject of the 05 complaint. 06 * Sec. 52. AS 24.60.170 is amended by adding new subsections to read: 07 (o) The committee shall return a complaint concerning the conduct of a 08 candidate for state office received during a campaign period to the complainant unless 09 the subject of the complaint permits the committee to assume jurisdiction under this 10 subsection. If the committee receives a complaint concerning the conduct of a 11 candidate during the campaign period, the committee shall immediately notify the 12 subject of the complaint of the receipt of the complaint, of the suspension of the 13 committee's jurisdiction during the campaign period, and of the candidate's right to 14 waive the suspension of jurisdiction under this subsection. The candidate may, within 15 11 days after the committee mails or otherwise sends notice of the complaint to the 16 candidate, notify the committee that the candidate chooses to have the committee 17 proceed with the complaint under this section. If the candidate does not act within that 18 time or if the candidate notifies the committee that the candidate is not waiving the 19 suspension of committee jurisdiction, the committee shall return the complaint to the 20 complainant with notice of the suspension of jurisdiction under this subsection and of 21 the right of the complainant to file the complaint after the end of the campaign period. 22 (p) When the committee has a complaint concerning the conduct of a candidate 23 for state office pending before it at the beginning of a campaign period that has not 24 resulted in the issuance of formal charges under (h) of this section, the committee may 25 proceed with its consideration of the complaint only to the extent that the committee's 26 actions are confidential under this section. The committee may not, during a campaign 27 period, issue a dismissal order or decision under (f) of this section, issue an opinion 28 under (g) of this section, or formally charge a person under (h) of this section. If the 29 committee has formally charged a person under (h) of this section and the charge is 30 still pending when a campaign period begins, the committee shall suspend any public 31 hearings on the matter until after the campaign period ends. The parties to the hearing
01 may continue with discovery during the campaign period. If a hearing has been 02 completed before the beginning of a campaign period but the committee has not yet 03 issued its decision, the committee may not issue the decision until after the end of the 04 campaign period. Notwithstanding the suspension of public proceedings provided for 05 in this subsection, a candidate who is the subject of a complaint may notify the 06 committee in writing that the candidate chooses to have the committee proceed with 07 the complaint under this section. 08 (q) A campaign period under this section begins on the later of 45 days before 09 a primary election in which the legislator or legislative employee is a candidate for 10 state office or the day on which the individual files as a candidate for state office and 11 ends at the close of election day for the general or special election in which the 12 individual is a candidate or on the day that the candidate withdraws from the election, 13 if earlier. For a candidate who loses in the primary election, the campaign period ends 14 on the day that results of the primary election showing that another individual won the 15 election are certified. 16 * Sec. 53. AS 24.60.174(a) is amended to read: 17 (a) If the person found to have violated this chapter is or was a member of the 18 legislature, the committee's recommendations shall be forwarded by the chair of the 19 committee to the presiding officer of the appropriate house of the legislature. If the 20 committee recommends sanctions other than expulsion from the legislature, the 21 committee recommendation 22 (1) must include a suggested timetable for the compliance reports 23 required under (e) of this section, if any; and 24 (2) may include recommended fines that the legislature may impose 25 if the legislator who was found to have violated this chapter does not comply with 26 the sanctions imposed by the legislature in a timely manner. 27 * Sec. 54. AS 24.60.174 is amended by adding a new subsection to read: 28 (e) When a house of the legislature imposes a sanction other than expulsion 29 on a member or former member, it shall advise the committee at the time of imposing 30 the sanction of the terms it has imposed and of the timetable for compliance adopted 31 with the sanctions. A legislator or former legislator on whom sanctions other than
01 expulsion have been imposed shall report to the committee as required by the 02 timetable. If the committee determines that the legislator or former legislator has not 03 complied fully and in a timely manner with the sanctions imposed by the legislature, 04 the committee may recommend that the legislature impose a fine or additional 05 sanctions. 06 * Sec. 55. AS 24.60.176 is amended to read: 07 Sec. 24.60.176. Recommendations where violator is a legislative employee. 08 If the person found to have violated this chapter is or was a legislative employee, the 09 committee's recommendations shall be forwarded to the appropriate appointing 10 authority which shall, as soon as is reasonably possible, determine the sanctions, if 11 any, to be imposed. The appointing authority may not question the committee's 12 findings of fact. The appointing authority shall assume the validity of the committee's 13 findings [,] and determine and impose the appropriate sanctions. The appointing 14 authority has the power to impose a sanction recommended by the committee or 15 to impose a different sanction. The appointing authority shall enforce the 16 sanction and shall report to the committee at a time specified by the committee 17 concerning the employee's compliance with the sanction. 18 * Sec. 56. AS 24.60.176 is amended by adding a new subsection to read: 19 (b) In this section, "appointing authority" means 20 (1) the legislative council for employees of the Legislative Affairs 21 Agency and of the legislative council and for legislative employees not otherwise 22 covered under this subsection; 23 (2) the Legislative Budget and Audit Committee for the legislative 24 fiscal analyst and employees of the division of legislative finance, the legislative 25 auditor and employees of the division of legislative audit, and employees of the 26 Legislative Budget and Audit Committee; 27 (3) the appropriate finance committee for employees of the senate or 28 house finance committees; 29 (4) the appropriate rules committee for employees of 30 (A) standing committees of the legislature, other than the 31 finance committees;
01 (B) the senate secretary's office and the office of the chief clerk 02 of the house of representatives; and 03 (C) house records and senate records; 04 (5) the legislator who made the hiring decision for employees of 05 individual legislators; however, the legislator may request the appropriate rules 06 committee to act in the legislator's stead; 07 (6) the ombudsman for employees of the office of the ombudsman, 08 other than the ombudsman; 09 (7) the legislature for the ombudsman. 10 * Sec. 57. AS 24.60 is amended by adding a new section to read: 11 Sec. 24.60.178. Recommended sanctions. (a) When the committee finds that 12 a person has violated this chapter, the committee may recommend appropriate 13 sanctions, including sanctions set out in (b) of this section. 14 (b) The sanctions that the committee may recommend include 15 (1) imposition of a civil penalty of not more than $5,000 for each 16 offense or twice the amount improperly gained, whichever is greater; 17 (2) divestiture of specified assets or withdrawal from specified 18 associations; 19 (3) additional, detailed disclosure, either as a public disclosure or as a 20 confidential disclosure to the committee; 21 (4) in the case of a legislative employee, suspension of employment 22 with or without pay for a stated period of time or until stated conditions are met, or 23 termination from legislative employment; 24 (5) restitution of property or reimbursement of improperly received 25 benefits; 26 (6) public or private written reprimand; 27 (7) censure, including, in the case of a legislator, removal from a 28 leadership position or committee membership and a determination that the legislator 29 will not be appointed to serve in a leadership position or on a committee during the 30 remainder of that legislature; 31 (8) placing the person on probationary status;
01 (9) in the case of a legislator, expulsion from the house of the 02 legislature; 03 (10) any other appropriate measure. 04 (c) In addition to or in place of a sanction recommended under (b) of this 05 section, the committee may recommend that the subject of a complaint be required to 06 pay all or a portion of the costs related to the investigation and adjudication of a 07 complaint. 08 * Sec. 58. AS 24.60.200 is amended to read: 09 Sec. 24.60.200. Financial disclosure by legislators , public members of the 10 committee, and legislative directors. A legislator , a public member of the 11 committee, and a legislative director shall file a disclosure statement, under oath and 12 on penalty of perjury, with the Alaska Public Offices Commission giving the following 13 information about the income received by the discloser, the discloser's spouse or 14 spousal equivalent, the discloser's [THEM, THEIR SPOUSES, THEIR] dependent 15 children, and the discloser's [THEIR] nondependent children who are living with the 16 discloser [THEM]: 17 (1) the information that a public official is required to report under 18 AS 39.50.030, other than information about gifts [EXCEPT THAT SOURCES OF 19 INCOME OTHER THAN GIFTS OF $1,000 OR LESS, AND LOANS OF $1,000 OR 20 LESS NEED NOT BE REPORTED]; 21 (2) as to income in excess of $1,000 received as compensation for 22 personal services, the name and address of the source of the income, and a statement 23 describing the nature of the services performed; if the source of income is known or 24 reasonably should be known to have a substantial interest in legislative, administrative, 25 or political action and the recipient of the income is a legislator or a legislative 26 director, the amount of income received from the source shall be disclosed; 27 (3) as to each loan or loan guarantee over $1,000 from a source with 28 a substantial interest in legislative, administrative, or political action, the name and 29 address of the person making the loan or guarantee, the amount of the loan, the terms 30 and conditions under which the loan or guarantee was given, the amount outstanding 31 at the time of filing, and whether or not a written loan agreement exists [;
01 (4) THE SOURCE OF A GIFT, OTHER THAN AN INHERITANCE, 02 RECEIVED DURING THE PRECEDING CALENDAR YEAR BY THE PERSON, 03 THE PERSON'S SPOUSE OR DEPENDENT CHILD, OR A NONDEPENDENT 04 CHILD OF THE PERSON WHO IS LIVING WITH THE PERSON, IF THE 05 AMOUNT OF THE GIFT EXCEEDS $100 AND IS RECEIVED FROM A PERSON 06 WHO IS NOT A MEMBER OF THE RECIPIENT'S FAMILY]. 07 * Sec. 59. AS 24.60.210 is amended to read: 08 Sec. 24.60.210. Deadlines for filing of disclosure statements. A person 09 required to file a disclosure statement under AS 24.60.200 [LEGISLATOR AND 10 A LEGISLATIVE DIRECTOR] shall file an annual report with the Alaska Public 11 Offices Commission, covering the previous calendar year, containing the disclosures 12 required by AS 24.60.200, on or before March [APRIL] 15 of each year. 13 * Sec. 60. AS 24.60.240 is amended to read: 14 Sec. 24.60.240. Civil penalty for late filing. A person required to file a 15 disclosure statement under AS 24.60.200 [LEGISLATOR OR A LEGISLATIVE 16 DIRECTOR] who fails to file a properly completed report under AS 24.60.200 is 17 subject to a civil penalty of not more than $10 a day for each day the delinquency 18 continues as the Alaska Public Offices Commission determines, subject to appeal to 19 the superior court. An affidavit stating facts in mitigation may be submitted to the 20 Alaska Public Offices Commission by the person against whom the civil penalty is 21 assessed. However, the imposition of the penalties prescribed in this section does not 22 excuse the person from filing reports required by AS 24.60.200. 23 * Sec. 61. AS 24.60.250 is repealed and reenacted to read: 24 Sec. 24.60.250. Effect of failure to file. (a) In addition to the sanctions 25 described in AS 24.60.260, if the Alaska Public Offices Commission finds that a 26 candidate for the legislature who is an incumbent legislator has failed to file a report 27 under AS 24.60.200 by March 15, the commission shall notify the candidate that the 28 report is late. If the candidate fails to file the report within 30 days after it is due, 29 (1) the commission shall notify the lieutenant governor; 30 (2) the candidate shall forfeit nomination to office and may not be 31 seated in office;
01 (3) the lieutenant governor may not certify the person's nomination for 02 office or election to office; and 03 (4) nomination to the office shall be certified as provided in 04 AS 39.50.060(b). 05 (b) In addition to the sanctions described in AS 24.60.260, if the Alaska Public 06 Offices Commission finds that a member of the committee has failed or refused to file 07 a report under AS 24.60.200 by a deadline established in AS 24.60.210, it shall notify 08 the presiding officer of the appropriate legislative body. In the case of a public 09 member of the committee, the commission shall notify both presiding officers. 10 (c) In addition to the sanctions described in AS 24.60.260, if the Alaska Public 11 Offices Commission finds that a legislative director has failed or refused to file a 12 report under AS 24.60.200 by a deadline established in AS 24.60.210, it shall notify 13 the Alaska Legislative Council or the Legislative Budget and Audit Committee, as 14 appropriate. For the ombudsman, the Alaska Legislative Council shall be notified. 15 * Sec. 62. AS 24.60.260(a) is amended to read: 16 (a) A person required to make a disclosure under this chapter may not 17 knowingly make a false or deliberately misleading or incomplete disclosure to the 18 committee or to the Alaska Public Offices Commission . A person who files [, OR 19 FILE] a disclosure after a deadline set by this chapter or by a regulation adopted by 20 the committee or by the Alaska Public Offices Commission has violated this chapter 21 and may be subject to imposition of a fine as provided in (c) of this section or 22 AS 24.60.240 . 23 * Sec. 63. AS 24.60.260 is amended by adding a new subsection to read: 24 (c) The committee may impose a fine on a person who files a disclosure after 25 a deadline set by this chapter. The amount of the fine imposed under this subsection 26 may not exceed $2 for each day to a maximum of $100 for each disclosure for a late 27 disclosure. However, if the committee finds that a late filing was inadvertent, the 28 maximum fine the committee may impose under this subsection is $25. 29 * Sec. 64. AS 24.60.990(a)(5) is amended to read: 30 (5) "immediate family" means 31 (A) the spouse or spousal equivalent of the person; or
01 (B) a parent, child [, PARENTS, CHILDREN], including a 02 stepchild and an adoptive child, and sibling [SIBLINGS] of a person if the 03 parent, child, or sibling resides with the person, is financially dependent 04 on the person, or shares a substantial financial interest with the person ; 05 * Sec. 65. AS 24.60.990(a) is amended by adding new paragraphs to read: 06 (15) "spousal equivalent" means a person who is cohabiting with 07 another person in a relationship that is like a marriage but that is not a legal marriage; 08 (16) "state office" includes the office of governor, lieutenant governor, 09 member of the legislature, or similar state office. 10 * Sec. 66. AS 39.25.070 is amended to read: 11 Sec. 39.25.070. Powers and duties of personnel board. In addition to the 12 other duties imposed by this chapter, the personnel board shall 13 (1) approve or disapprove amendments to the personnel rules in 14 accordance with AS 39.25.140; 15 (2) consider and act upon recommendations for the extension of the 16 partially exempt service and the classified service as provided in AS 39.25.130; 17 (3) hear and determine appeals by employees in the classified service 18 as provided in AS 39.25.170; 19 (4) establish its own rules of procedure; two members constitute a 20 quorum for the transaction of business and two affirmative votes are required for final 21 action on matters acted upon by the board; 22 (5) elect a chair [CHAIRMAN] from its membership; 23 (6) have the power to administer oaths, subpoena witnesses, and compel 24 the production of books and papers pertinent to a hearing authorized by this chapter; 25 (7) employ staff members, who shall be in the classified service; 26 (8) carry out its powers and duties under AS 39.52 [RETAIN 27 INDEPENDENT COUNSEL IN ACCORDANCE WITH AS 39.52.310(c); 28 (9) APPOINT, AND REVIEW THE FINDINGS, CONCLUSIONS, 29 AND RECOMMENDATIONS OF, HEARING OFFICERS IN ACCORDANCE WITH 30 AS 39.52.350(c), 39.52.360, AND 39.52.370; 31 (10) ISSUE FINDINGS, CONCLUSIONS, AND DECISIONS
01 REGARDING VIOLATIONS OF THE CODE OF ETHICS IN AS 39.52.110 - 02 39.52.190; AND 03 (11) IMPOSE THE PENALTIES DESCRIBED IN AS 39.52.410, 04 39.52.440, AND 39.52.450]. 05 * Sec. 67. AS 39.25.160(e) is amended to read: 06 (e) An employee in the classified , [OR] partially exempt , or exempt service 07 who seeks nomination or becomes a candidate for state or national elective political 08 office shall immediately resign any position held in the state service. The employee's 09 position becomes vacant on the date the employee files a declaration of candidacy for 10 state or national elective office. This subsection applies to employees in the exempt 11 service, except those listed below, notwithstanding AS 39.25.110. This subsection 12 does not apply to 13 (1) a justice, judges, magistrates, and employees of the judicial 14 branch, including employees of the judicial council; 15 (2) the governor or the lieutenant governor; 16 (3) a member of the legislature; 17 (4) an employee seeking election as a delegate to a constitutional 18 convention; 19 (5) officers and employees of the University of Alaska; 20 (6) certificated teachers and noncertificated employees employed 21 by a regional educational attendance area established and organized under 22 AS 14.08.031 - 14.08.041 to teach in, administer, or operate schools under the 23 control of a regional educational attendance area school board; 24 (7) certificated teachers employed by the Department of Education 25 as correspondence teachers, teachers in skill centers operated by the Department 26 of Education, or teachers at Mt. Edgecumbe School; 27 (8) members of boards and commissions and authorities if the 28 member is not entitled to compensation other than per diem and travel for service 29 on the board, commission, or authority; 30 (9) emergency fire-fighting personnel employed by the Department 31 of Natural Resources for a fire emergency or for fire prevention and related
01 activities conducted under AS 41.15.030; 02 (10) youth employed by the Department of Natural Resources 03 under the Youth Employment and Student Intern programs; 04 (11) students employed by the state institutions in which the 05 students are enrolled; 06 (12) persons engaged in employment or pre-employment training 07 programs operated by the Department of Military and Veterans' Affairs; 08 (13) a participant in the Alaska temporary assistance program 09 under AS 47.27 who holds a temporary position with the state in order to obtain 10 job training or experience . 11 * Sec. 68. AS 39.25.160 is amended by adding a new subsection to read: 12 (j) A state employee, whether in the classified, partially exempt, or exempt 13 service, may not campaign on behalf of a political candidate on government time. 14 This subsection does not prohibit the employees of the division of elections from 15 carrying out duties related to elections or the members and employees of the 16 commission on judicial conduct from carrying out duties relating to the evaluation of 17 justices and judges. This subsection does not apply to the governor and lieutenant 18 governor and members of the legislature. 19 * Sec. 69. AS 39.50.020 is amended to read: 20 Sec. 39.50.020. Report of financial and business interests. (a) A public 21 official other than the governor or the lieutenant governor [JUDICIAL OFFICER, 22 COMMISSIONER, CHAIR OR MEMBER OF A STATE COMMISSION OR BOARD 23 SPECIFIED IN AS 39.50.200(b), A PERSON HIRED OR APPOINTED AS HEAD 24 OR DEPUTY HEAD OF, OR DIRECTOR OF A DIVISION WITHIN, A 25 DEPARTMENT IN THE EXECUTIVE BRANCH, A PERSON APPOINTED 26 AS ASSISTANT TO THE GOVERNOR, A STATE INVESTMENT OFFICER AND 27 THE STATE COMPTROLLER IN THE DEPARTMENT OF REVENUE, AND A 28 MUNICIPAL OFFICER] shall file a statement giving income sources and business 29 interests, under oath and on penalty of perjury, within 30 days after taking office as 30 a public official. Candidates for state elective office other than a candidate who is 31 subject to AS 24.60 shall file the [SUCH A] statement with the director of elections
01 at the time of filing a declaration of candidacy or a nominating petition [,] or 02 [WITHIN 30 DAYS OF] becoming a candidate by any other means. Candidates for 03 elective municipal office shall file the [SUCH A] statement at the time of filing a 04 nominating petition, declaration of candidacy, or other required filing for the elective 05 municipal office. Refusal or failure to file within 30 days after the time prescribed 06 shall require that the candidate's filing fees, if any, and filing for office be refused or 07 that a previously accepted filing fee be returned and the candidate's name removed 08 from the filing records. A statement shall also be filed by public officials no later than 09 March [APRIL] 15 [OR 15 DAYS AFTER THE PERSON FILES A FEDERAL 10 INCOME TAX RETURN] in each following year [, WHICHEVER COMES FIRST]. 11 Persons who are members of boards or commissions not named in AS 39.50.200(b) 12 are not required to file financial statements. 13 (b) A public official other than an elected or appointed municipal officer 14 [THE GOVERNOR, LIEUTENANT GOVERNOR, JUDICIAL OFFICERS, EACH 15 COMMISSIONER, HEAD OR DEPUTY HEAD OF, OR DIRECTOR OF A 16 DIVISION WITHIN, A DEPARTMENT IN THE EXECUTIVE BRANCH, 17 ASSISTANT TO THE GOVERNOR, STATE INVESTMENT OFFICERS AND THE 18 STATE COMPTROLLER IN THE DEPARTMENT OF REVENUE, OR CHAIR OR 19 MEMBER OF A COMMISSION OR BOARD REQUIRED TO REPORT UNDER 20 THIS CHAPTER,] shall file the statement with the Alaska Public Offices Commission. 21 Candidates for the office of governor and lieutenant governor and, if the candidate is 22 not subject to AS 24.60, the legislature shall file the statement under AS 15.25.030 or 23 15.25.180. Municipal officers, and candidates for elective municipal office, shall file 24 with the municipal clerk or other municipal official designated to receive their filing 25 for office. All statements required to be filed under this chapter are public records. 26 * Sec. 70. AS 39.50.030(a) is amended to read: 27 (a) Each statement must [SHALL] be an accurate representation of the 28 financial affairs of the public official or candidate and must [SHALL] contain the 29 same information for each member of the person's family, as specified in (b) and (d) 30 of this section, to the extent that it is ascertainable by the public official or candidate. 31 [AN ASSET OR LIABILITY UNDER $500, HOUSEHOLD GOODS, AND
01 PERSONAL EFFECTS NEED NOT BE IDENTIFIED.] 02 * Sec. 71. AS 39.50.030(b) is amended to read: 03 (b) Except as provided in (g) of this section, each [EACH] statement filed 04 by a public official or candidate under this chapter must [SHALL] include the 05 following: 06 (1) the source of all income over $1,000 [$100] during the preceding 07 calendar year, including taxable and nontaxable capital gains, received by the person, 08 the person's spouse or spousal equivalent, or the person's [DEPENDENT] child, 09 except that a source of income that is a gift must be included if the value of the 10 gift exceeds $250 [OR A NONDEPENDENT CHILD OF THE PERSON WHO IS 11 LIVING WITH THAT PERSON]; 12 (2) the identity, by name and address, of each business in which the 13 person, the person's spouse or spousal equivalent, or the person's [DEPENDENT] 14 child [, OR A NONDEPENDENT CHILD OF THE PERSON WHO IS LIVING 15 WITH THAT PERSON] was a stockholder, owner, officer, director, partner, proprietor, 16 or employee during the preceding calendar year; 17 (3) the identity and nature of each interest owned in any business 18 during the preceding calendar year by the person, the person's spouse or spousal 19 equivalent, or the person's [DEPENDENT] child [, OR A NONDEPENDENT 20 CHILD OF THE PERSON WHO IS LIVING WITH THAT PERSON]; 21 (4) the identity and nature of each interest in real property, including 22 an option to buy, owned at any time during the preceding calendar year by the person, 23 the person's spouse or spousal equivalent, or the person's [DEPENDENT] child [, 24 OR A NONDEPENDENT CHILD OF THE PERSON WHO IS LIVING WITH THAT 25 PERSON]; 26 (5) the identity of each trust or other fiduciary relation in which the 27 person, the person's spouse or spousal equivalent, or the person's [DEPENDENT] 28 child [, OR A NONDEPENDENT CHILD OF THE PERSON WHO IS LIVING 29 WITH THAT PERSON] held a beneficial interest exceeding $1,000 during the 30 preceding calendar year, a description and identification of the property contained in 31 each trust or relation, and the nature and extent of the beneficial interest in it;
01 (6) any loan or loan guarantee of more than $1,000 made to the 02 person, the person's spouse or spousal equivalent, or the person's [DEPENDENT] 03 child [, OR A NONDEPENDENT CHILD OF THE PERSON WHO IS LIVING 04 WITH THAT PERSON], and the identity of the maker of the loan or loan guarantor 05 and the identity of each creditor to whom the person, the person's spouse or spousal 06 equivalent, or the person's [DEPENDENT] child [, OR A NONDEPENDENT 07 CHILD OF THE PERSON WHO LIVES WITH THAT PERSON] owed more than 08 $1,000; this paragraph requires disclosure of a loan, loan guarantee, or 09 indebtedness only if the loan or guarantee was made, or the indebtedness 10 incurred, during the preceding calendar year, or if the amount still owing on the 11 loan, loan guarantee, or indebtedness was more than $1,000 at any time during 12 the preceding calendar year [$500 OR MORE]; 13 (7) a list of all contracts and offers to contract with the state or an 14 instrumentality of the state during the preceding calendar year held, bid, or offered by 15 the person, the person's spouse or spousal equivalent, or the person's 16 [DEPENDENT] child, a partnership or professional corporation of which the 17 person is a member [A NONDEPENDENT CHILD OF THE PERSON WHO IS 18 LIVING WITH THAT PERSON, THE PERSON'S MOTHER OR FATHER], or a 19 corporation in which the person or the person's spouse , spousal equivalent, or 20 children, or a combination of them, hold a controlling interest; and 21 (8) a list of all mineral, timber, oil, or any other natural resource lease 22 held, or lease offer made, during the preceding calendar year by the person, the 23 person's spouse or spousal equivalent, or the person's [DEPENDENT] child, [A 24 NONDEPENDENT CHILD OF THE PERSON WHO IS LIVING WITH THAT 25 PERSON, THE PERSON'S MOTHER OR FATHER,] a partnership or professional 26 corporation of which the person is a member, or a corporation in which the person or 27 the person's spouse or spousal equivalent or children, or a combination of them, 28 holds a controlling interest. 29 * Sec. 72. AS 39.50.030 is amended by adding new subsections to read: 30 (d) In addition to the requirements of (b) of this section, each statement filed 31 under this chapter by a public official in the executive branch of state government
01 other than the chair or a member of a state commission or board must include a 02 disclosure of the formation or maintenance of a close economic association involving 03 a substantial financial matter as required by this subsection. The disclosure must be 04 sufficiently detailed so that a reader can ascertain the nature of the association. A 05 public official shall disclose a close economic association with 06 (1) a legislator; 07 (2) a public official who is not an elected or appointed municipal 08 officer; 09 (3) a lobbyist; or 10 (4) a public officer if the person required to make the disclosure is the 11 governor or the lieutenant governor. 12 (e) If a public official required to disclose a close economic association under 13 (d) of this section forms a close economic association after the date on which the 14 public official files the financial disclosure statement required by (a) of this section, 15 disclosure of the association must be made to the commission within 60 days after the 16 formation of the association. 17 (f) When making a disclosure under (d) of this section concerning a 18 relationship with a lobbyist to whom the public official is married or who is the public 19 official's spousal equivalent, the public official shall also disclose the name and 20 address of each employer of the lobbyist and the total monetary value received from 21 the lobbyist's employer. The public official shall report changes in the employers of 22 the spouse or spousal equivalent within 48 hours after the change. In this subsection, 23 "employer of the lobbyist" means the person from whom the lobbyist received money, 24 or goods or services having a monetary value, for engaging in lobbying on behalf of 25 the person. 26 (g) The requirements in this section for disclosures related to a person's 27 spousal equivalent do not apply to an elected or appointed municipal officer. 28 (h) In this section, 29 (1) "child" means a person's dependent child or a person's 30 nondependent child who is living with the person; 31 (2) "close economic association" means a financial relationship that
01 exists between a public official required to disclose a close economic association under 02 (d) of this section and some other person or entity, including a relationship where the 03 public official serves as a consultant or advisor to, is a member or representative of, 04 or has a financial interest in an association, partnership, business, or corporation; 05 (3) "lobbyist" has the meaning given in AS 24.60.990(a); 06 (4) "public officer" has the meaning given in AS 39.52.960. 07 * Sec. 73. AS 39.50.060(b) is amended to read: 08 (b) Any person failing or refusing to comply with the requirements of this 09 chapter, in addition to the penalties prescribed, shall forfeit nomination to office and 10 may not be seated or installed in office if the person has not complied. Nominated, 11 hired, or appointed officials, commissioners, chairs, [CHAIRMEN] or members of 12 commissions or boards specified in AS 39.50.200(b) may not be confirmed by the 13 legislature if compliance has not been made. In the case of elected officials, the 14 lieutenant governor, or other certifying authority, may not certify a person's nomination 15 for office or the person's election to office if compliance was not made within the time 16 required. The nomination to office or election to office shall be certified to the highest 17 vote getter for that nomination for that office or election to that office who has 18 complied within the times required and who shall be declared nominated or elected. 19 For purposes of this subsection, a person is considered to have complied within 20 the time required if the person complies within 30 days after the due date 21 established by this chapter. 22 * Sec. 74. AS 39.50.070 is amended to read: 23 Sec. 39.50.070. Failure to report by certain public officials 24 [DEPARTMENT, DIVISION, OR DEPUTY DEPARTMENT HEADS]. A public 25 official [PERSON HIRED OR APPOINTED AS THE HEAD OR DEPUTY HEAD 26 OF, OR DIRECTOR OF A DIVISION WITHIN, A DEPARTMENT] in the executive 27 branch of state government, other than the governor or lieutenant governor or a 28 chair or member of a state board or commission, who refuses or fails to file a 29 report of financial interests required under this chapter when due may not hold office, 30 and the person's name may not be submitted to the legislature for confirmation , until 31 the person complies. The person may not be confirmed, hired, or appointed, and the
01 person forfeits and may not be paid any salary, per diem, or travel expenses , until the 02 person complies. If, after installation in office or beginning employment in the 03 position [AS THE HEAD OR DEPUTY HEAD OF, OR DIRECTOR OF A 04 DIVISION WITHIN, A DEPARTMENT], the person refuses or fails to file the 05 required statement when due, the person is guilty of a misdemeanor and upon 06 conviction is punishable by a fine of not less than $100 nor more than $1,000 and 07 shall be removed from office if compliance is not made within 30 days after the due 08 date of the report. 09 * Sec. 75. AS 39.50.090(a) is amended to read: 10 (a) A public official may not use the official position or office for the primary 11 purpose of obtaining personal financial gain or financial gain for a spouse, child, 12 mother, father, or business with which the official is associated or in which the official 13 owns stock. A public official other than an elected or appointed municipal official 14 may not use the official's position or office for the primary purpose of obtaining 15 financial gain for the official's spousal equivalent. 16 * Sec. 76. AS 39.50.200(a)(1) is amended to read: 17 (1) "assistant to the governor or the lieutenant governor " includes any 18 executive, legislative, special, administrative , or press assistant to the governor or 19 lieutenant governor , and any person similarly employed in a policy-making position ; 20 * Sec. 77. AS 39.50.200(a)(8) is amended to read: 21 (8) "public official" means 22 (A) a judicial officer ; 23 (B) [,] the governor or [,] the lieutenant governor ; 24 (C) [,] a person hired or appointed in [AS THE HEAD OR 25 DEPUTY HEAD OF, OR DIRECTOR OF A DIVISION,] a department in the 26 executive branch as 27 (i) the head or deputy head of the department; 28 (ii) the director or deputy director of a division; 29 (iii) a special assistant to the head of the department; 30 (iv) a person serving as the legislative liaison for the 31 department;
01 (D) [,] an assistant to the governor or the lieutenant governor; 02 (E) the [,] chair or a member of a state commission or board ; 03 (F) [,] state investment officers and the state comptroller in the 04 Department of Revenue ; 05 (G) [,] the executive director of the Alaska Tourism Marketing 06 Council ; 07 (H) the chief procurement officer appointed under 08 AS 36.30.010; 09 (I) the executive director of the Alaska Human Resource 10 Investment Council; and 11 (J) [, AND] each appointed or elected municipal officer; 12 * Sec. 78. AS 39.50.200(a)(9) is amended to read: 13 (9) "source of income" means the entity for which service is performed 14 or which is otherwise the origin of payment; if the person whose income is being 15 reported is employed by another, the employer is the source of income; but if the 16 person is self-employed by means of a sole proprietorship, partnership, professional 17 corporation, or a corporation in which the person, the person's spouse or spousal 18 equivalent, or the person's children, or a combination of them, hold a controlling 19 interest, the "source" is the client or customer of the proprietorship, partnership , or 20 corporation, but , if the entity which is the origin of payment is not the same as the 21 client or customer for whom the service is performed, both are considered the source. 22 * Sec. 79. AS 39.50.200(a) is amended by adding a new paragraph to read: 23 (10) "spousal equivalent" means a person who is cohabiting with 24 another person in a relationship that is like a marriage but that is not a legal marriage. 25 * Sec. 80. AS 39.52.010(a) is amended to read: 26 (a) It is declared that 27 (1) [THAT] high moral and ethical standards among public officers in 28 the executive branch are essential to assure the trust, respect, and confidence of the 29 people of this state; [TO THE CONDUCT OF FREE GOVERNMENT; AND] 30 (2) [THAT THE LEGISLATURE BELIEVES THAT] a code of ethics 31 for the guidance of public officers will
01 (A) discourage those officers from acting upon personal or 02 financial interests in the performance of their public responsibilities ; 03 (B) [, WILL] improve standards of public service ; and 04 (C) [, AND WILL] promote and strengthen the faith and 05 confidence of the people of this state in their public officers ; 06 (3) [. IT IS FURTHER DECLARED THAT] holding public office or 07 employment is a public trust and that as one safeguard of that trust, the people require 08 public officers to adhere to a code of ethics ; 09 (4) a fair and open government requires that executive branch 10 public officers conduct the public's business in a manner that preserves the 11 integrity of the governmental process and avoids conflicts of interest; 12 (5) in order for the rules governing conduct to be respected both 13 during and after leaving public service, the code of ethics must be administered 14 fairly without bias or favoritism; 15 (6) no code of conduct, however comprehensive, can anticipate all 16 situations in which violations may occur nor can it prescribe behaviors that are 17 appropriate to every situation; in addition, laws and regulations regarding ethical 18 responsibilities cannot legislate morality, eradicate corruption, or eliminate bad 19 judgment; and 20 (7) compliance with a code of ethics is an individual responsibility; 21 thus all who serve the state have a solemn responsibility to avoid improper 22 conduct and prevent improper behavior by colleagues and subordinates . 23 * Sec. 81. AS 39.52.120(b) is amended to read: 24 (b) A public officer may not 25 (1) seek other employment or contracts through the use or attempted 26 use of official position; 27 (2) accept, receive, or solicit compensation for the performance of 28 official duties or responsibilities from a person other than the state; 29 (3) use state time, property, equipment, or other facilities to benefit 30 personal or financial interests; 31 (4) take or withhold official action in order to affect a matter in which
01 the public officer has a personal or financial interest; or 02 (5) attempt to benefit a personal or financial interest through coercion 03 of a subordinate or require another public officer to perform services for the 04 private benefit of the public officer at any time; 05 (6) use or authorize the use of state funds, facilities, equipment, 06 services, or another government asset or resource for partisan political purposes; 07 this paragraph does not prohibit use of the governor's residence for meetings to 08 discuss political strategy and does not prohibit use of the communications 09 equipment in the governor's residence so long as there is no special charge to the 10 state for the use; in this paragraph, "for partisan political purposes" 11 (A) means having the intent to differentially benefit or harm 12 a 13 (i) candidate or potential candidate for elective office; 14 or 15 (ii) political party or group; 16 (B) but does not include having the intent to benefit the 17 public interest at large through the normal performance of official duties . 18 * Sec. 82. AS 39.52.120 is amended by adding a new subsection to read: 19 (d) In this section, when determining whether a public officer is considered to 20 be performing a task on government time, the attorney general and personnel board 21 shall consider the public officer's work schedule as set by the public officer's 22 immediate supervisor, if any. A public officer other than the governor and lieutenant 23 governor who, during the work days, engages in political campaign activities other 24 than minor, inconsequential, and unavoidable campaign activities shall take approved 25 leave for the period of campaigning. 26 * Sec. 83. AS 39.52.130(b) is amended to read: 27 (b) Notice of the receipt by a public officer of a gift with a value in excess of 28 $150 [$50], including the name of the giver and a description of the gift and its 29 approximate value, must be provided to the designated supervisor within 30 days after 30 the date of its receipt 31 (1) if the public officer may take or withhold official action that affects
01 the giver ; or 02 (2) if the gift is connected to the public officer's governmental 03 status . 04 * Sec. 84. AS 39.52.130 is amended by adding new subsections to read: 05 (e) A public officer who, on behalf of the state, accepts a gift from another 06 government or from an official of another government shall, within 60 days after its 07 receipt, notify the Office of the Governor in writing. The Office of the Governor shall 08 determine the appropriate disposition of the gift. In this subsection, "another 09 government" means a foreign government or the government of the United States, 10 another state, a municipality, or another jurisdiction. 11 (f) A public officer who knows or reasonably ought to know that a family 12 member has received a gift because of the family member's connection with the public 13 office held by the public officer shall report the receipt of the gift by the family 14 member to the public officer's designated supervisor if the gift would have to be 15 reported under this section if it had been received by the public officer or if receipt of 16 the gift by a public officer would be prohibited under this section. 17 * Sec. 85. AS 39.52.170 is amended by adding a new subsection to read: 18 (c) The head of a principal executive department of the state may not accept 19 employment for compensation outside the agency that the executive head serves. 20 * Sec. 86. AS 39.52.180 is amended by adding a new subsection to read: 21 (d) A former governor, lieutenant governor, or head of a principal department 22 in the executive branch may not engage in activity as a lobbyist under AS 24.45 for 23 a period of one year after leaving service as the governor, lieutenant governor, or 24 department head, as appropriate. This subsection does not prohibit service as a 25 volunteer lobbyist described in AS 24.45.161(a)(1) or a representational lobbyist as 26 defined under regulations of the Alaska Public Offices Commission. 27 * Sec. 87. AS 39.52.210(a) is amended to read: 28 (a) A public employee who is involved in a matter that may result in a 29 violation of AS 39.52.110 - 39.52.190 shall 30 (1) refrain from taking any official action relating to the matter until 31 a determination is made under this section; and
01 (2) immediately disclose the matter in writing to the designated 02 supervisor and the attorney general . 03 * Sec. 88. AS 39.52.210(b) is amended to read: 04 (b) A public employee's designated supervisor shall make a written 05 determination whether an employee's involvement violates AS 39.52.110 - 39.52.190 06 and shall provide a copy of the written determination to the public employee and 07 to the attorney general . If the supervisor determines that a violation could exist or 08 will occur, the supervisor shall, 09 (1) reassign duties to cure the employee's potential violation, if feasible; 10 or 11 (2) direct the divestiture or removal by the employee of the personal 12 or financial interests that give rise to the potential violation. 13 * Sec. 89. AS 39.52.220(a) is amended to read: 14 (a) A member of a board or commission who is involved in a matter that may 15 result in a violation of AS 39.52.110 - 39.52.190 shall disclose the matter on the public 16 record and in writing to the designated supervisor and to the attorney general . The 17 supervisor shall determine whether the member's involvement violates AS 39.52.110 - 18 39.52.190 and shall provide a copy of the written determination to the board or 19 commission member and to the attorney general . If a member of the board or 20 commission objects to the ruling of the supervisor, or if the supervisor discloses an 21 involvement requiring a determination, the members present at a meeting, excluding 22 the involved member, shall vote on the matter. If the supervisor or a majority of the 23 members voting determine that a violation will exist if the member continues to 24 participate, the member shall refrain from voting, deliberating, or participating in the 25 matter. 26 * Sec. 90. AS 39.52.230 is amended to read: 27 Sec. 39.52.230. Reporting of potential violations. A person may report to 28 a public officer's designated supervisor, under oath and in writing, a potential violation 29 of AS 39.52.110 - 39.52.190 by the public officer. The supervisor shall provide a 30 copy of the report to the officer who is the subject of the report and to the attorney 31 general , and shall review the report to determine whether a violation may exist. The
01 supervisor shall act in accordance with AS 39.52.210 or 39.52.220 if the supervisor 02 determines that the matter may result in a violation of AS 39.52.110 - 39.52.190. 03 * Sec. 91. AS 39.52.260 is amended by adding a new subsection to read: 04 (d) The attorney general shall submit to the personnel board a copy of the 05 quarterly reports received from designated supervisors under (a) of this section together 06 with a report on the attorney general's review conducted under (b) of this section. 07 * Sec. 92. AS 39.52 is amended by adding a new section to article 3 to read: 08 Sec. 39.52.270. Disclosure statements. (a) A public officer required to file 09 a disclosure statement under this chapter shall meet the requirements of this subsection 10 in making the disclosure. When the public officer files a disclosure statement under 11 this chapter, the public officer signing the disclosure shall certify that, to the best of 12 the public officer's knowledge, the statement is true, correct, and complete. The 13 disclosure must state that, in addition to any other penalty or punishment that may 14 apply, a person who submits a false statement that the person does not believe to be 15 true is punishable under AS 11.56.200 - 11.56.240. 16 (b) A designated supervisor who receives a disclosure statement under 17 AS 39.52.110 - 39.52.220 shall review it. If the designated supervisor believes that 18 there is a possibility that the activity or situation reported in a disclosure statement 19 filed under AS 39.52.110 - 39.52.190 may result in a violation of this chapter, the 20 designated supervisor shall take appropriate steps under AS 39.52.210 - 39.52.240. 21 Failure of the designated supervisor to proceed under AS 39.52.210 - 39.52.240 does 22 not relieve the public officer of the public officer's obligations under those statutes. 23 (c) In this section, "disclosure statement" means a report or written notice filed 24 under AS 39.52.110 - 39.52.220. 25 * Sec. 93. AS 39.52.310(a) is amended to read: 26 (a) The attorney general may initiate a complaint, or elect to treat as a 27 complaint , any matter disclosed under AS 39.52.210, 39.52.220, 39.52.250, or 28 39.52.260. The attorney general may not, during a campaign period, initiate a 29 complaint concerning the conduct of the governor or lieutenant governor who is 30 a candidate for election to state office. 31 * Sec. 94. AS 39.52.310(c) is amended to read:
01 (c) If a complaint alleges a violation of AS 39.52.110 - 39.52.190 by the 02 governor, lieutenant governor, or the attorney general, the matter shall be referred to 03 the personnel board. The personnel board shall return a complaint concerning the 04 conduct of the governor or lieutenant governor who is a candidate for election to 05 state office as provided in (j) of this section if the complaint is initiated during a 06 campaign period. The personnel board shall retain independent counsel who shall act 07 in the place of the attorney general under (d) - (i) of this section, AS 39.52.320 - 08 39.52.350, and 39.52.360(c) and (d). Notwithstanding AS 36.30.015(d), the 09 personnel board may contract for or hire independent counsel under this 10 subsection without notifying or securing the approval of the Department of Law. 11 * Sec. 95. AS 39.52.310 is amended by adding new subsections to read: 12 (j) The personnel board shall return a complaint concerning the conduct of the 13 governor or lieutenant governor who is a candidate for state office received during a 14 campaign period to the complainant unless the governor or lieutenant governor, as 15 appropriate, permits the personnel board to assume jurisdiction under this subsection. 16 If the personnel board receives a complaint concerning the conduct of the governor or 17 lieutenant governor who is a candidate during the campaign period, the personnel 18 board shall immediately notify the subject of the complaint of the receipt of the 19 complaint, of the suspension of the personnel board's jurisdiction during the campaign 20 period, and of the candidate's right to waive the suspension of jurisdiction under this 21 subsection. The candidate may, within 11 days after the personnel board mails or 22 otherwise sends notice of the complaint to the candidate, notify the personnel board 23 that the candidate chooses to have the personnel board proceed with the complaint 24 under this section. If the candidate does not act within that time or if the candidate 25 notifies the personnel board that the candidate is not waiving the suspension of 26 jurisdiction, the personnel board shall return the complaint to the complainant with 27 notice of the suspension of jurisdiction under this subsection and of the right of the 28 complainant to file the complaint after the end of the campaign period. 29 (k) A campaign period under this section begins on the later of 45 days before 30 a primary election in which the governor or lieutenant governor is a candidate for state 31 office or the day on which the individual files as a candidate for state office and ends
01 at the close of election day for the general or special election in which the individual 02 is a candidate or on the day that the candidate withdraws from the election, if earlier. 03 For a candidate who loses in the primary election, the campaign period ends on the 04 day that results of the primary election showing that another individual won the 05 election are certified. 06 * Sec. 96. AS 39.52.320 is amended to read: 07 Sec. 39.52.320. Dismissal before formal proceedings. If, after investigation, 08 it appears that there is no probable cause to believe that a violation of this chapter has 09 occurred, the attorney general shall dismiss the complaint [AND PREPARE AND 10 FILE A CONFIDENTIAL SUMMARY WITH THE PERSONNEL BOARD]. The 11 attorney general shall communicate disposition of the matter promptly to the 12 complainant under AS 39.52.335(c) and to the subject of the complaint. 13 * Sec. 97. AS 39.52 is amended by adding a new section to read: 14 Sec. 39.52.335. Summary of disposition of complaints and review by 15 personnel board. (a) When the attorney general initiates or receives a complaint 16 under AS 39.52.310, the attorney general shall immediately forward a copy of the 17 complaint to the personnel board. 18 (b) Each month, the attorney general shall file a report with the personnel 19 board concerning the status of each pending complaint and the resolution of 20 complaints that have been closed since the previous report. 21 (c) If a complaint is dismissed under AS 39.52.320 or resolved under 22 AS 39.52.330, the attorney general shall promptly prepare a summary of the matter 23 and provide a copy of the summary to the personnel board and the complainant. The 24 summary is confidential unless the 25 (1) dismissal or resolution agreed to under AS 39.52.320 or 39.52.330 26 is public; or 27 (2) superior court makes the matter public under (h) of this section. 28 (d) Within 15 days after receipt of a summary under this section, a 29 complainant may file comments with the personnel board regarding the disposition of 30 the complaint. 31 (e) At its next regular meeting that begins more than 15 days after receipt of
01 a summary under this section, the personnel board shall review the summary and 02 comments, if any, filed by the complainant. The personnel board may compel the 03 attendance of the subject of the complaint or the complainant at the meeting and may 04 compel the production of documents. Attendance may be by teleconference. The 05 attorney general or the attorney general's designee shall be available to respond to 06 questions from the personnel board concerning the disposition of the complaint. 07 (f) After review of the summary, the personnel board may issue a report on 08 the disposition of the complaint. If the matter is confidential and the board determines 09 that publication of the name of the subject is in the public interest, the report may 10 include a recommendation that the matter be made public. 11 (g) If the summary is confidential under (c) of this section, 12 (1) comments filed by the complainant, if any, are confidential; 13 (2) the personnel board shall conduct the review of the summary in 14 executive session; and 15 (3) the personnel board report, if any, is confidential; the personnel 16 board shall make available to the public an expurgated copy of a confidential report 17 with sufficient deletions and editing to prevent disclosure of the identity of the persons 18 involved in the matter. 19 (h) If the disposition of a complaint is not made public and the personnel 20 board report under (f) of this section includes a recommendation that the matter be 21 made public, an interested party may file an action against the state in superior court 22 requesting that the court make public the complaint, the attorney general's disposition 23 of the complaint, and the personnel board report. The court may order the matter or 24 portions of the matter made public if the court determines that 25 (1) the dismissal or resolution of the complaint was clearly contrary to 26 the requirements of this chapter; 27 (2) one or more of the allegations in the information to be released is 28 supported by substantial evidence; 29 (3) the matter concerns the public interest; and 30 (4) release of the information will not infringe on any protected rights 31 or liberties of the subject.
01 * Sec. 98. AS 39.52.340(a) is amended to read: 02 (a) Except as provided in AS 39.52.335, before [BEFORE] the initiation of 03 formal proceedings under AS 39.52.350, the complaint and all other documents and 04 information regarding an investigation conducted under this chapter [,] or obtained by 05 the attorney general during the investigation are [, IS] confidential and not subject 06 to inspection by the public. In the case of a complaint concerning the governor, 07 lieutenant governor, or attorney general, all meetings of the personnel board 08 concerning the complaint and investigation before the determination of probable 09 cause are closed to the public. If, in the course of an investigation or probable 10 cause determination, the attorney general finds evidence of probable criminal 11 activity, the attorney general shall transmit a statement and factual findings 12 limited to that activity to the appropriate law enforcement agency. If the attorney 13 general finds evidence of a probable violation of AS 15.13, the attorney general 14 shall transmit a statement to that effect and factual findings limited to the 15 probable violation to the Alaska Public Offices Commission . The attorney general 16 and all persons contacted during the course of an investigation shall maintain 17 confidentiality regarding the existence of the investigation. [A PERSON WHO 18 VIOLATES THIS SECTION IS GUILTY OF A CLASS A MISDEMEANOR.] 19 * Sec. 99. AS 39.52.960(2) is amended to read: 20 (2) "agency" means a department, office of the governor, or entity in 21 the executive branch, including but not limited to the University of Alaska, public or 22 quasi-public corporations, [AND] boards or commissions, and [BUT EXCLUDING] 23 the Alaska Railroad Corporation; 24 * Sec. 100. AS 39.52.960(4) is amended to read: 25 (4) "board or commission" means a board, commission, authority, or 26 board of directors of a public or quasi-public corporation, established by statute in the 27 executive branch, including [BUT EXCLUDING] the Alaska Railroad; 28 * Sec. 101. AS 39.52.960(11) is amended to read: 29 (11) "immediate family member" means 30 (A) the spouse of the person; 31 (B) another person cohabiting with the person in a conjugal
01 relationship that is not a legal marriage; 02 (C) a child, including a stepchild and an adoptive child, of 03 the person; 04 (D) a parent, sibling, grandparent, aunt, or uncle of the 05 person; and 06 (E) a parent or sibling of the person's spouse [A PUBLIC 07 OFFICER'S SPOUSE, A RELATION BY BLOOD WITHIN AND 08 INCLUDING THE SECOND DEGREE OF KINDRED, AND A REGULAR 09 MEMBER OF THE OFFICER'S HOUSEHOLD]; 10 * Sec. 102. AS 42.40.710 is amended to read: 11 Sec. 42.40.710. Corporation employees. Employees of the Alaska Railroad 12 are employees of the corporation and not of the state. However, employees of the 13 corporation shall be treated as employees of the state for purposes of AS 39.52. 14 The provisions of AS 39 , other than AS 39.52, do not apply to employees of the 15 corporation. [HOWEVER, NO LATER THAN JANUARY 1, 1987, THE 16 CORPORATION SHALL ADOPT A CODE OF ETHICS FOR ITS DIRECTORS 17 AND EMPLOYEES THAT IS SUBSTANTIALLY EQUIVALENT TO THAT 18 ADOPTED IN AS 39.] 19 * Sec. 103. AS 42.40.230 is repealed. 20 * Sec. 104. PROVISIONS MADE SPECIFICALLY APPLICABLE TO INCUMBENT 21 LEGISLATORS. Notwithstanding any other provision of AS 15.13, the provisions of 22 AS 15.13.116(d), added by sec. 10 of this Act, apply to authorize a legislator holding office 23 in the legislature during the First Regular Session of the Twentieth Alaska State Legislature 24 who, under sec. 32, ch. 48, SLA 1996, retains unused campaign contributions in the 25 candidate's election campaign account, to transfer to a public office expense term account 26 reserve as permitted under AS 15.13.116(d), enacted by sec. 10 of this Act. All amounts 27 expended under this section shall be annually accounted for under AS 15.13.110(a)(4). 28 * Sec. 105. The provisions of this Act are severable in accordance with AS 01.10.030. 29 * Sec. 106. Sections 8, 10, and 104 of this Act are retroactive to December 31, 1996. 30 * Sec. 107. Sections 1 - 10, 19, 61, 104 - 106 of this Act take effect immediately under 31 AS 01.10.070(c).
01 * Sec. 108. Sections 11 - 18, 20 - 60, and 62 - 103 of this Act take effect January 1, 1999.