SSHB 179: "An Act eliminating the Alaska Public Offices Commission and all campaign contribution and expenditure limits; transferring the administration of lobbying, conflict of interest, and financial disclosure statutes from the Alaska Public Offices Commission to the division of elections; relating to reporting of campaign contributions and expenditures; defining 'full disclosure,' 'purposely,' 'recklessly,' and 'resident'; amending the definition of 'contribution,' 'group,' and 'political party'; changing the residency requirements for candidates for public offices; and providing for criminal penalties for violation of these provisions."
00SPONSOR SUBSTITUTE FOR HOUSE BILL NO. 179 01 "An Act eliminating the Alaska Public Offices Commission and all campaign 02 contribution and expenditure limits; transferring the administration of lobbying, 03 conflict of interest, and financial disclosure statutes from the Alaska Public Offices 04 Commission to the division of elections; relating to reporting of campaign 05 contributions and expenditures; defining 'full disclosure,' 'purposely,' 'recklessly,' and 06 'resident'; amending the definition of 'contribution,' 'group,' and 'political party'; 07 changing the residency requirements for candidates for public offices; and 08 providing for criminal penalties for violation of these provisions." 09 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 10 * Section 1. AS 15.13.010(b) is amended to read: 11 (b) Except as otherwise provided, this chapter applies to contributions, 12 expenditures , and communications made by a candidate, group, political party, 13 municipality , or individual for the purpose of influencing the outcome of a ballot 14 proposition or question as well as those made to influence the nomination or election
01 of a candidate. 02 * Sec. 2. AS 15.13.010(d) is amended to read: 03 (d) This chapter does not limit the authority of a person to make contributions 04 to influence the outcome of a voter proposition submitted to the public for a vote at 05 a municipal election. In this subsection, in addition to its meaning under AS 15.60.010 06 [AS 15.13.065(c)], "proposition" means a municipal reclassification, proposal to adopt 07 or amend a home rule charter, a unification proposal, a boundary change proposal, 08 [OR] the approval of an ordinance when approval by public vote is a requirement for 09 the ordinance , or an issue placed on a ballot to determine whether 10 (1) a debt shall be contracted; 11 (2) an advisory question shall be approved or rejected; or 12 (3) a municipality shall be incorporated . 13 * Sec. 3. AS 15.13 is amended by adding a new section to read: 14 Sec. 15.13.015. Registration and affidavit of candidate. A candidate for the 15 state legislature, for governor, or for lieutenant governor, including an individual 16 campaigning as a write-in candidate for the office of state legislator, governor, or 17 lieutenant governor, shall, with the person's declaration of candidacy or nominating 18 petition, submit an affidavit, signed under oath and notarized, to the division of 19 elections stating that the candidate 20 (1) meets the qualifications for the office specified in the Constitution 21 of the State of Alaska; 22 (2) is a resident of Alaska and intends to remain a resident of Alaska 23 indefinitely; 24 (3) has not claimed residency in another state during the preceding 25 calendar year; and 26 (4) is familiar with the provisions of this chapter and the penalties for 27 violating a provision of this chapter. 28 * Sec. 4. AS 15.13 is amended by adding a new section to read: 29 Sec. 15.13.025. Full disclosure reports. (a) A candidate, group, political 30 party, municipality, or individual accepting a contribution or making an expenditure 31 for the purpose of influencing the outcome of an election shall fully disclose all
01 contributions and expenditures to the division of elections. 02 (b) A candidate, group, political party, municipality, or individual subject to 03 the disclosure requirement of (a) of this section shall make a full disclosure report 04 semi-monthly from the beginning of the campaign throughout the election year. The 05 final report is due on January 15th following the election. Full disclosure reports for 06 transactions conducted from the first day of each month through the 15th day of each 07 month shall be submitted by the 20th day of that month. Full disclosure reports for 08 transactions conducted from the 16th day of each month through the end of the month 09 shall be submitted by the fifth day of the following month. Each full disclosure report 10 must include a list of 11 (1) all expenditures, including method of payment, payee, description 12 of expenditure, and amount of expenditure; 13 (2) all contributions, including the name of each contributor and the 14 amount contributed by each contributor. 15 (c) Full disclosure reports shall be submitted electronically to the division of 16 elections' campaign disclosure web page or by hard copy hand delivered to the nearest 17 regional supervisor's office of the division of elections or addressed to the nearest 18 regional supervisor's office of the division of elections and postmarked no later than 19 the applicable deadline set out in (b) of this section. 20 (d) The division of elections shall, upon receipt of a full disclosure report, 21 make 22 (1) all of the information available to the public on the division of 23 elections' web page; and 24 (2) copies available for a reasonable fee at the regional office of the 25 division of elections where the report was filed. 26 (e) If a candidate, group, political party, municipality, or individual required 27 to file a full disclosure report fails to file a full disclosure report, the division of 28 elections shall, within five business days after the deadline, notify the candidate, group, 29 political party, municipality, or individual of that failure and post a notice on the 30 division of elections' web site that the candidate, group, political party, municipality, 31 or individual has failed to file a report. The notice must be bordered in red, at least
01 four inches wide and four inches high, and contain the name of the candidate, group, 02 political party, municipality, or individual, as well as the phrase "has failed to file a 03 full disclosure report for this reporting period in a timely manner. This is a violation 04 of AS 15.13.025 and could result in a fine or imprisonment, or both." 05 * Sec. 5. AS 15.13 is amended by adding new sections to read: 06 Sec. 15.13.035. Penalties and enforcement. (a) A candidate, group, political 07 party, municipality, or individual who purposely fails to disclose a contribution or 08 expenditure as required in AS 15.13.025 or who provides false information on a full 09 disclosure report is guilty of a class A misdemeanor and upon conviction is punishable 10 by a fine of not less than $500 or more than $1,000. 11 (b) The director may remove from the ballot the name of a candidate who is 12 convicted of purposely failing to disclose a contribution or expenditure as required in 13 AS 15.13.025 or providing false information on a full disclosure report. A candidate 14 who has been convicted of purposely failing to disclose a contribution or expenditure 15 as required in AS 15.13.025 or providing false information on a full disclosure report 16 is disqualified from holding the office sought. 17 (c) In addition to other penalties imposed under this title, a candidate who 18 misrepresents or purposely omits a fact on an affidavit required under AS 15.13.015 19 is subject to a civil fine of not more than $5,000. The director may remove from the 20 ballot the name of a candidate who misrepresents or purposely omits a fact on an 21 affidavit required under AS 15.13.015. A candidate who has been convicted of perjury 22 for making a false statement on an affidavit required under AS 15.13.015 or who has 23 been found in a civil action to have misrepresented or purposely omitted a fact on an 24 affidavit required under AS 15.13.015 is disqualified from holding the office sought. 25 (d) The director shall immediately refer any suspected criminal violation of 26 this chapter to the district attorney for criminal prosecution. The district attorney may 27 file a complaint regarding a violation of this chapter up to 30 days before an election. 28 The district attorney may file a complaint regarding a violation of this chapter 29 occurring within 30 days of an election immediately following the election. The 30 district attorney may request appointment of a retired judge or justice, pro tempore, to 31 hear the case. The district attorney may request expedited consideration of any motion
01 filed in the case. 02 (e) The attorney general or a qualified Alaska voter may bring a civil action 03 to enforce compliance with this chapter. The attorney general may bring a civil action 04 relating to violations under this chapter seeking damages. 05 Sec. 15.13.037. Regulations. The director may not adopt regulations to 06 implement this chapter. 07 * Sec. 6. AS 15.13.050(a) is amended to read: 08 (a) Before making an expenditure in support of or in opposition to a candidate 09 or before making an expenditure in support of or in opposition to a ballot proposition 10 or question, each person other than an individual shall register, on forms provided by 11 the division of elections [COMMISSION], with the division of elections 12 [COMMISSION]. 13 * Sec. 7. AS 15.13.060(a) is amended to read: 14 (a) Each political party shall appoint a treasurer, and each candidate and 15 group shall appoint a campaign treasurer , who is responsible for receiving, holding, 16 and disbursing all contributions and expenditures, and for filing all reports and 17 statements required by law. A candidate may be a campaign treasurer. 18 * Sec. 8. AS 15.13.060(b) is amended to read: 19 (b) Each group or political party shall file the name and address of its 20 [CAMPAIGN] treasurer with the division of elections [COMMISSION] at the time 21 it registers with the division of elections [COMMISSION] under AS 15.13.050. 22 * Sec. 9. AS 15.13.060(c) is amended to read: 23 (c) Each candidate for state office shall file the name and address of the 24 campaign treasurer with the division of elections [COMMISSION, OR SUBMIT, IN 25 WRITING, THE NAME AND ADDRESS OF THE CAMPAIGN TREASURER TO 26 THE DIRECTOR FOR FILING WITH THE COMMISSION], no later than 15 days 27 after the date of filing the declaration of candidacy or the nominating petition. [EACH 28 CANDIDATE FOR MUNICIPAL OFFICE SHALL FILE THE NAME AND 29 ADDRESS OF THE CAMPAIGN TREASURER WITH THE COMMISSION NO 30 LATER THAN SEVEN DAYS AFTER THE DATE OF FILING THE 31 DECLARATION OF CANDIDACY OR THE NOMINATING PETITION.] If the
01 candidate does not designate a campaign treasurer, the candidate is the campaign 02 treasurer. 03 * Sec. 10. AS 15.13.060(d) is amended to read: 04 (d) In the case of the death, resignation , or removal of a campaign treasurer, 05 the candidate shall appoint a successor as soon as practicable and file the successor's 06 name and address with the division of elections [COMMISSION] within 48 hours of 07 the appointment. [THE CANDIDATE IS DISQUALIFIED IF FOUND TO HAVE 08 BEEN IN WILFUL VIOLATION OF THIS SUBSECTION.] 09 * Sec. 11. AS 15.13.400(1) is amended to read: 10 (1) "candidate" 11 [(A)] means an individual who qualifies for state office under 12 AS 15.13.015 and files for election to the state legislature, for governor, for 13 lieutenant governor, [FOR MUNICIPAL OFFICE,] for retention in judicial 14 office, or for constitutional convention delegate, or who campaigns as a write- 15 in candidate for any of these offices; [AND 16 (B) WHEN USED IN A PROVISION OF THIS CHAPTER 17 THAT LIMITS OR PROHIBITS THE DONATION, SOLICITATION, OR 18 ACCEPTANCE OF CAMPAIGN CONTRIBUTIONS, OR LIMITS OR 19 PROHIBITS AN EXPENDITURE, INCLUDES 20 (i) A CANDIDATE'S CAMPAIGN TREASURER AND 21 A DEPUTY CAMPAIGN TREASURER; 22 (ii) A MEMBER OF THE CANDIDATE'S 23 IMMEDIATE FAMILY; 24 (iii) A PERSON ACTING AS AGENT FOR THE 25 CANDIDATE; 26 (iv) THE CANDIDATE'S CAMPAIGN COMMITTEE; 27 AND 28 (v) A GROUP THAT MAKES EXPENDITURES OR 29 RECEIVES CONTRIBUTIONS WITH THE AUTHORIZATION OR 30 CONSENT, EXPRESS OR IMPLIED, OR UNDER THE CONTROL, 31 DIRECT OR INDIRECT, OF THE CANDIDATE;]
01 * Sec. 12. AS 15.13.400(3) is amended to read: 02 (3) "contribution" 03 (A) means a purchase, payment, promise or obligation to pay, 04 loan or loan guarantee, deposit or gift of money, goods, or services for which 05 charge is ordinarily made and that is made for the purpose of influencing the 06 nomination or election of a candidate, and in AS 15.13.010(b) for the purpose 07 of influencing a ballot proposition or question, including the payment by a 08 person other than a candidate or political party, or compensation for the 09 personal services of another person, that are rendered to the candidate or 10 political party; 11 (B) does not include 12 (i) services provided without compensation by 13 individuals volunteering a portion or all of their time on behalf of a 14 candidate or ballot proposition or question ; 15 (ii) services provided without compensation by an 16 individual volunteering part-time or full-time on behalf of a 17 candidate, a group registered under AS 15.13.050, a political party, 18 or a ballot proposition [, BUT IT DOES INCLUDE 19 PROFESSIONAL SERVICES VOLUNTEERED BY INDIVIDUALS 20 FOR WHICH THEY ORDINARILY WOULD BE PAID A FEE OR 21 WAGE; 22 (ii) SERVICES PROVIDED BY AN ACCOUNTANT 23 OR OTHER PERSON TO PREPARE REPORTS AND STATEMENTS 24 REQUIRED BY THIS CHAPTER]; or 25 (iii) ordinary hospitality in a home; 26 * Sec. 13. AS 15.13.400(5) is amended to read: 27 (5) "group" means 28 (A) [EVERY STATE AND REGIONAL EXECUTIVE 29 COMMITTEE OF A POLITICAL PARTY; AND 30 (B)] any combination of two or more individuals acting jointly 31 who organize for the principal purpose of influencing the outcome of one or
01 more elections and who take action the major purpose of which is to influence 02 the outcome of an election , except a political party is not considered a 03 group ; [A GROUP THAT MAKES EXPENDITURES OR RECEIVES 04 CONTRIBUTIONS WITH THE AUTHORIZATION OR CONSENT, 05 EXPRESS OR IMPLIED, OR UNDER THE CONTROL, DIRECT OR 06 INDIRECT, OF A CANDIDATE SHALL BE CONSIDERED TO BE 07 CONTROLLED BY THAT CANDIDATE; A GROUP WHOSE MAJOR 08 PURPOSE IS TO FURTHER THE NOMINATION, ELECTION, OR 09 CANDIDACY OF ONLY ONE INDIVIDUAL, OR INTENDS TO EXPEND 10 MORE THAN 50 PERCENT OF ITS MONEY ON A SINGLE CANDIDATE, 11 SHALL BE CONSIDERED TO BE CONTROLLED BY THAT CANDIDATE 12 AND ITS ACTIONS DONE WITH THE CANDIDATE'S KNOWLEDGE 13 AND CONSENT UNLESS, WITHIN 10 DAYS FROM THE DATE THE 14 CANDIDATE LEARNS OF THE EXISTENCE OF THE GROUP THE 15 CANDIDATE FILES WITH THE COMMISSION, ON A FORM PROVIDED 16 BY THE COMMISSION, AN AFFIDAVIT THAT THE GROUP IS 17 OPERATING WITHOUT THE CANDIDATE'S CONTROL; A GROUP 18 ORGANIZED FOR MORE THAN ONE YEAR PRECEDING AN ELECTION 19 AND ENDORSING CANDIDATES FOR MORE THAN ONE OFFICE OR 20 MORE THAN ONE POLITICAL PARTY IS PRESUMED NOT TO BE 21 CONTROLLED BY A CANDIDATE; HOWEVER, A GROUP THAT 22 CONTRIBUTES MORE THAN 50 PERCENT OF ITS MONEY TO OR ON 23 BEHALF OF ONE CANDIDATE SHALL BE CONSIDERED TO SUPPORT 24 ONLY ONE CANDIDATE FOR PURPOSES OF AS 15.13.070, WHETHER 25 OR NOT CONTROL OF THE GROUP HAS BEEN DISCLAIMED BY THE 26 CANDIDATE;] 27 * Sec. 14. AS 15.13.400(10) is amended to read: 28 (10) "political party" means 29 (A) an organized group of voters that represents a political 30 program and that either nominated a candidate for governor who received at 31 least three percent of the total votes cast for governor at the [ANY ONE OF
01 THE LAST FIVE] preceding general election [ELECTIONS] or has registered 02 voters in the state equal in number to at least three percent of the total 03 votes cast for governor at the preceding general election ; and 04 (B) every state and regional executive committee of [A 05 SUBORDINATE UNIT OF THE ORGANIZED GROUP OF VOTERS 06 QUALIFYING AS] a political party [UNDER (A) OF THIS PARAGRAPH IF, 07 CONSISTENT WITH THE RULES OR BYLAWS OF THE POLITICAL 08 PARTY, THE UNIT CONDUCTS OR SUPPORTS CAMPAIGN 09 OPERATIONS IN A MUNICIPALITY, NEIGHBORHOOD, ELECTION 10 DISTRICT, OR PRECINCT]; 11 * Sec. 15. AS 15.13.400 is amended by adding new paragraphs to read: 12 (12) "full disclosure" means complete and abundantly detailed 13 revelation of all assets and all income; 14 (13) "purposely" has the meaning given for "knowingly" in 15 AS 11.81.900(a); 16 (14) "recklessly" means acting in a manner that is careless, inattentive, 17 or negligent; 18 (15) "resident" means a person who 19 (A) occupies a dwelling within the state; 20 (B) intends to remain in the state for a period of time; and 21 (C) manifests the genuineness of that intent by establishing an 22 ongoing physical presence in the state together with indicia that presence in the 23 state is something other than merely transitory in nature. 24 * Sec. 16. AS 15.25.030(b) is amended to read: 25 (b) A person filing a declaration of candidacy under this section, other than 26 a person subject to AS 24.60 who is filing a declaration for a state legislative office, 27 shall simultaneously file with the division of elections [DIRECTOR] a statement of 28 income sources and business interests that complies with the requirements of AS 39.50. 29 A person who is subject to AS 24.60 and is filing a declaration of candidacy for state 30 legislative office shall simultaneously file with the division of elections [DIRECTOR] 31 a disclosure statement that complies with the requirements of AS 24.60.200.
01 * Sec. 17. AS 15.25.030(c) is amended to read: 02 (c) An incumbent public official, other than a legislator, who has a current 03 statement of income sources and business interests under AS 39.50 on file with the 04 division of elections [ALASKA PUBLIC OFFICES COMMISSION], or an incumbent 05 legislator who has a current disclosure statement under AS 24.60.200 on file with the 06 division of elections [ALASKA PUBLIC OFFICES COMMISSION], is not required 07 to file a statement of income sources and business interests or a disclosure statement 08 with the declaration of candidacy under (b) of this section. 09 * Sec. 18. AS 15.25.180(b) is amended to read: 10 (b) A person filing a nominating petition under this section, other than a 11 person subject to AS 24.60 who is filing a petition for a state legislative office, shall 12 simultaneously file with the division of elections [DIRECTOR] a statement of income 13 sources and business interests that complies with the requirements of AS 39.50. A 14 person who is subject to AS 24.60 and is filing a nominating petition for state 15 legislative office shall simultaneously file with the division of elections [DIRECTOR] 16 a disclosure statement that complies with the requirements of AS 24.60.200. 17 * Sec. 19. AS 15.25.180(c) is amended to read: 18 (c) An incumbent public official, other than a legislator, who has a current 19 statement of income sources and business interests under AS 39.50 on file with the 20 division of elections [ALASKA PUBLIC OFFICES COMMISSION], or an incumbent 21 legislator who has a current disclosure statement under AS 24.60.200 on file with the 22 division of elections [ALASKA PUBLIC OFFICES COMMISSION], is not required 23 to file a statement of income sources and business interests or a disclosure statement 24 with the nominating petition under (b) of this section. 25 * Sec. 20. AS 15.56.014(a) is amended to read: 26 (a) A person commits the crime of campaign misconduct in the second degree 27 if the person 28 (1) knowingly circulates or has written, printed , or circulated a letter, 29 circular, or publication relating to an election, to a candidate at an election, or to an 30 election proposition or question without the name and address of the author appearing 31 on its face;
01 (2) [EXCEPT AS PROVIDED BY AS 15.13.090(b),] knowingly prints 02 or publishes an advertisement, billboard, placard, poster, handbill, paid-for television 03 or radio announcement, or other communication intended to influence the election of 04 a candidate or outcome of a ballot proposition or question without the words "paid for 05 by" followed by the name and address of the candidate, group, or individual paying 06 for the advertising or communication and, if a candidate or group, with the name of 07 the campaign chair; 08 (3) knowingly writes or prints and circulates, or has written, printed , 09 and circulated, a letter, circular, bill, placard, poster, or advertisement in a newspaper, 10 on radio , or on television 11 (A) containing false factual information relating to a candidate 12 for an election; 13 (B) that the person knows to be false; and 14 (C) that would provoke a reasonable person under the 15 circumstances to a breach of the peace or that a reasonable person would 16 construe as damaging to the candidate's reputation for honesty, integrity, or the 17 candidate's qualifications to serve if elected to office. 18 * Sec. 21. AS 24.45.021 is amended to read: 19 Sec. 24.45.021. Administration. (a) This chapter shall be administered by 20 the division of elections [ALASKA PUBLIC OFFICES COMMISSION CREATED 21 UNDER AS 15.13.020(a)]. 22 (b) The division [COMMISSION] shall adopt regulations under AS 44.62 23 (Administrative Procedure Act) to implement the provisions of this chapter. 24 * Sec. 22. AS 24.45.031 is amended to read: 25 Sec. 24.45.031. Powers and duties. (a) In addition to its other duties under 26 this chapter, the division [COMMISSION] shall 27 (1) prescribe the forms for registration, reports, statements, notices, and 28 other documents required by this chapter; 29 (2) prepare and publish instructions setting out the methods of 30 accounting, bookkeeping, and preservation of records required to facilitate compliance 31 with and enforcement of this chapter and explaining the duties of persons subject to
01 the provisions of this chapter; the instructions shall be updated periodically; 02 (3) provide assistance to persons in complying with the provisions of 03 this chapter; 04 (4) prepare and publish a biennial report of its activities, findings, and 05 recommendations under this chapter, which shall be made available to the governor, 06 legislature, and to the public by February 1 of each odd-numbered calendar year; the 07 division [COMMISSION] shall notify the legislature that the report is available; 08 (5) report suspected violations of this chapter to the attorney general. 09 (b) The division [COMMISSION] may 10 (1) hold hearings and conduct investigations into compliance with the 11 provisions of this chapter; 12 (2) in conjunction with (1) of this subsection, issue subpoenas, compel 13 the attendance and testimony of witnesses, administer oaths and affirmations, and 14 require the production of books, papers, records, documents, or other items material 15 to the division's [COMMISSION'S] duties or powers under this chapter; 16 (3) prepare, publish, and make available to the public, periodic, but at 17 least biannually, summaries of the statements and reports received; these summaries 18 shall list separately individual lobbyists and employers of lobbyists. 19 * Sec. 23. AS 24.45.041(a) is amended to read: 20 (a) Before engaging in lobbying, a lobbyist shall file a registration statement 21 on a form prescribed by the division [COMMISSION]. 22 * Sec. 24. AS 24.45.041(b) is amended to read: 23 (b) The registration form prescribed by the division [COMMISSION] must 24 include 25 (1) the lobbyist's full name and complete permanent residence and 26 business address and telephone number, as well as any temporary residential and 27 business address and telephone number in the state capital during a legislative session; 28 (2) the full name and complete address of each person by whom the 29 lobbyist is retained or employed; 30 (3) whether the person from whom the lobbyist receives compensation 31 employs the person solely as a lobbyist or whether the person is a regular employee
01 performing other services for the employer that include but are not limited to the 02 influencing of legislative or administrative action; 03 (4) the nature or form of the lobbyist's compensation for engaging in 04 lobbying, including salary, fees, or reimbursement for expenses received in 05 consideration for, or directly in support of or in connection with, the influencing of 06 legislative or administrative action; 07 (5) a general description of the subjects or matters on which the 08 registrant expects to lobby or to engage in the influencing of legislative or 09 administrative action; 10 (6) the full name and complete address of the person, if other than the 11 registrant, who has custody of the accounts, books, papers, bills, receipts, and other 12 documents required to be maintained under this chapter; 13 (7) the identification of a legislator, legislative employee, or public 14 official to whom the lobbyist is married or who is the spousal equivalent of the 15 lobbyist; in this paragraph, "spousal equivalent" has the meaning given in 16 AS 39.50.030(g). 17 * Sec. 25. AS 24.45.041(d) is amended to read: 18 (d) If a change occurs in any of the information contained in a registration 19 statement filed under (a) of this section, or in any accompanying document, an 20 appropriate amendment shall be filed with the division [COMMISSION] within 10 21 days after the change. 22 * Sec. 26. AS 24.45.041(e) is amended to read: 23 (e) Within 45 days after the convening of each regular session of the 24 legislature, the division [COMMISSION] shall publish a directory of registered 25 lobbyists, containing the information prescribed in (b) of this section for each lobbyist 26 and the photograph, if any, furnished by a lobbyist under (c) of this section. From 27 time to time thereafter , the division [COMMISSION] shall publish those supplements 28 to the directory that in the division's [COMMISSION'S] judgment may be necessary. 29 The directory shall be made available to public officials and to the public at the 30 following locations: a public place adjacent to the legislative chambers in the state 31 capitol building, the office of the lieutenant governor, the legislative reference library
01 of the Legislative Affairs Agency, and the division's [COMMISSION'S] central office. 02 * Sec. 27. AS 24.45.041(f) is amended to read: 03 (f) Each lobbyist shall renew the registration annually by filing a new 04 registration statement together with a new authorization to act as a lobbyist before 05 engaging in lobbying. The lobbyist also shall file any reports or statements the 06 lobbyist has failed to file for a previous reporting period. The division 07 [COMMISSION] may not renew lobbying credentials until this provision is complied 08 with. 09 * Sec. 28. AS 24.45.041(g) is amended to read: 10 (g) An application for registration as a lobbyist under (a) of this section or for 11 renewal of a registration under (f) of this section is subject to a fee of $100. The 12 division [COMMISSION] may not accept an application for registration or renew a 13 registration until the fee is paid. This subsection does not apply to a volunteer lobbyist 14 under AS 24.45.161 or a representational lobbyist under regulations of the division 15 [COMMISSION]. 16 * Sec. 29. AS 24.45.051 is amended to read: 17 Sec. 24.45.051. Reports. Each lobbyist registered under AS 24.45.041 shall 18 file with the division [COMMISSION] a report concerning the lobbyist's activities 19 during each reporting period prescribed in AS 24.45.081, so long as the lobbyist 20 continues to engage in lobbying activities. The report shall be made on a form 21 prescribed by the division [COMMISSION] and filed in accordance with AS 24.45.071 22 and 24.45.081. The report also must include any changes in the information required 23 to be supplied under AS 24.45.041(b) and the following information for the reporting 24 period, as applicable: 25 (1) the source of income, as defined in AS 39.50.200(a) and the 26 monetary value of all payments, including but not limited to salary, fees, and 27 reimbursement of expenses, received in consideration for or directly or indirectly in 28 support of or in connection with influencing legislative or administrative action, and 29 the full name and complete address of each person from whom amounts or things of 30 value have been received and the total monetary value received from each person; 31 (2) the aggregate amount of disbursements or expenditures made or
01 incurred during the period in support of or in connection with influencing legislative 02 or administrative action by the lobbyist, or on behalf of the lobbyist by the lobbyist's 03 employer in the following categories: 04 (A) food and beverages; 05 (B) living accommodations; 06 (C) travel; 07 (3) the date and nature of any gift exceeding $100 in value made to a 08 public official and the full name and official position of that person; 09 (4) the name and official position of each public official, and the name 10 of each member of the immediate family of any of these officials, with whom the 11 lobbyist has engaged in an exchange of money, goods, services, or anything of more 12 than $100 in value and the nature and date of each of these exchanges and the 13 monetary values exchanged; 14 (5) the name and address of any business entity in which the lobbyist 15 knows or has reason to know that a public official is a proprietor, partner, director, 16 officer or manager, or has a controlling interest, and whom the lobbyist has engaged 17 in an exchange of money, goods, services, or anything of value and the nature and date 18 of each exchange and the monetary value exchanged if the total value of these 19 exchanges is $100 or more in a calendar year; and 20 (6) a notice of termination if the lobbyist has ceased the lobbying 21 activity that required registration under this chapter and if this report constitutes the 22 final report of the lobbyist's activities. 23 * Sec. 30. AS 24.45.061(a) is amended to read: 24 (a) Within 15 days after employing, retaining, or contracting for the 25 employment or retention of a lobbyist, the person who employs, retains, or who 26 contracts for the services of a lobbyist shall file a statement with the division 27 [COMMISSION] authorizing or verifying that employment, retention, or contract for 28 lobbying services. 29 * Sec. 31. AS 24.45.091 is amended to read: 30 Sec. 24.45.091. Publication of reports. Copies of the statements and reports 31 filed under this chapter shall be made available to the public at the division's
01 [COMMISSION'S] central office, the office of the lieutenant governor, and the 02 legislative reference library of the Legislative Affairs Agency [, AND AT THE 03 COMMISSION'S DISTRICT OFFICES PRESCRIBED IN AS 15.13.020(j)] as soon 04 as practicable after each reporting period. 05 * Sec. 32. AS 24.45.101 is amended to read: 06 Sec. 24.45.101. Public records. Statements and reports filed under this 07 chapter are public records and shall be available for public inspection and copying 08 during normal business hours at the expense of the person requesting copies; however, 09 the charge for copying may not exceed actual cost to the division [COMMISSION]. 10 * Sec. 33. AS 24.45.111 is amended to read: 11 Sec. 24.45.111. Preservation of records. (a) A person required to register 12 or report as a lobbyist shall preserve all accounts, bills, receipts, books, papers, and 13 documents necessary to substantiate the reports required to be made and filed under 14 this chapter for a period of at least one year from the date of the filing of the report 15 containing these items. These accounts, bills, receipts, books, papers, and other 16 documents shall be made available for inspection by the division [COMMISSION], 17 or members of its staff, at any time. If a lobbyist is required under the terms of the 18 lobbyist's employment contract to turn any records over to the employer, responsibility 19 for the preservation of these records under this section rests with the employer. 20 (b) The division [COMMISSION] shall preserve the statements and reports 21 required to be filed under this chapter for a period of six years from the date of filing. 22 If the division's [COMMISSION'S] central office is not in the state capital, copies of 23 all statements and reports filed under this chapter shall be maintained in an office 24 established by the division [COMMISSION] in the state capital or in the office of the 25 lieutenant governor. 26 * Sec. 34. AS 24.45.116 is amended to read: 27 Sec. 24.45.116. Disclosure of contributions. A civic league or organization 28 shall report the total amount of contributions received for the reporting period and for 29 any contribution over $100, the name of the contributor , and the amount contributed. 30 The civic league or organization may establish a separate fund to account for receipts 31 and expenditures arising out of activities to influence legislative action. Reports shall
01 be made on a form provided by the division [COMMISSION] on February 10, 02 April 25, and July 10 of each year, listing contributions received during the period that 03 ended 10 days earlier. 04 * Sec. 35. AS 24.45.121(a) is amended to read: 05 (a) A lobbyist may not 06 (1) engage in any activity as a lobbyist before registering under 07 AS 24.45.041; 08 (2) do anything with the intent of placing a public official under 09 personal obligation to the lobbyist or to the lobbyist's employer; 10 (3) intentionally deceive or attempt to deceive any public official with 11 regard to any material fact pertinent to pending or proposed legislative or 12 administrative action; 13 (4) cause or influence the introduction of a legislative measure solely 14 for the purpose of thereafter being employed to secure its passage or its defeat; 15 (5) cause a communication to be sent to a public official in the name 16 of any fictitious person or in the name of any real person, except with the consent of 17 that person; 18 (6) accept or agree to accept any payment in any way contingent upon 19 the defeat, enactment, or outcome of any proposed legislative or administrative action; 20 (7) serve as a member of a state board, or commission, if the lobbyist's 21 employer may receive direct economic benefit from a decision of that board or 22 commission; 23 (8) serve as a campaign manager or director, serve as a campaign 24 treasurer or deputy campaign treasurer on a finance or fund-raising committee, host a 25 fund-raising event, directly or indirectly collect contributions for, or deliver 26 contributions to, a candidate or otherwise engage in the fund-raising activity of a 27 legislative campaign or campaign for governor or lieutenant governor if the lobbyist 28 has registered, or is required to register as a lobbyist, under this chapter, during the 29 calendar year; this paragraph does not apply to a representational lobbyist as defined 30 in the regulations of the division [ALASKA PUBLIC OFFICES COMMISSION], and 31 does not prohibit a lobbyist from making personal contributions to a candidate as
01 authorized by AS 15.13 or personally advocating on behalf of a candidate; 02 (9) offer, solicit, initiate, facilitate, or provide to or on behalf of a 03 person covered by AS 24.60, during a legislative session, a gift, other than food or 04 beverage for immediate consumption; 05 (10) make or offer a gift or a campaign contribution whose acceptance 06 by the person to whom it is offered would violate AS 24.60. 07 * Sec. 36. AS 24.45.121(c) is amended to read: 08 (c) A former member of the legislature may not engage in activity as a 09 lobbyist before the legislature for a period of one year after the former member has 10 left the legislature. This subsection does not prohibit a former member from acting 11 as a volunteer lobbyist described in AS 24.45.161(a)(1) or a representational lobbyist 12 as defined under regulations of the division [COMMISSION]. 13 * Sec. 37. AS 24.45.131 is amended to read: 14 Sec. 24.45.131. Examination of statements, reports. (a) The division 15 [COMMISSION] or its staff shall examine each statement or report filed under this 16 chapter within 10 days after the date it is filed. A person required to file a statement 17 or report under this chapter shall be notified immediately if 18 (1) it appears that the person has failed to file a statement or report as 19 required by law or that the statement or report filed does not conform to the 20 requirements of this chapter; or 21 (2) a written complaint is filed with the division [COMMISSION] by 22 any qualified voter alleging that a statement or report filed with the division 23 [COMMISSION] does not conform to the requirements of this chapter, or to the truth, 24 or that a person subject to the provisions of this chapter has failed to file a statement 25 or report in the manner prescribed by this chapter. 26 (b) The division [COMMISSION] shall conduct an investigation, and may 27 thereafter conduct a hearing, into an allegation under (a)(2) of this section. 28 (c) The division [COMMISSION] shall report any suspected violations of this 29 chapter to the attorney general, to a district attorney in the judicial district where the 30 alleged violation occurred, or to a grand jury. 31 * Sec. 38. AS 24.45.141 is amended to read:
01 Sec. 24.45.141. Civil penalty: Late registration, filing of required 02 statements or reports. A person who fails to register or to file a properly completed 03 and certified report or statement, as applicable, within the time required by this chapter 04 is subject to a civil penalty of not more than $10 a day for each day the delinquency 05 continues as determined by the division [COMMISSION] subject to right of appeal to 06 the superior court. An affidavit stating facts in mitigation may be submitted to the 07 division [COMMISSION] by a person against whom a civil penalty is assessed. 08 However, the imposition of the penalties prescribed in this section or in AS 24.45.151 09 does not excuse the lobbyist or employer of a lobbyist from filing statements or reports 10 required by this chapter. 11 * Sec. 39. AS 24.45.171 is amended by adding a new paragraph to read: 12 (13) "division" means the division of elections. 13 * Sec. 40. AS 24.60.080(d) is amended to read: 14 (d) A legislator or legislative employee who accepts a gift under (c)(4) of this 15 section that has a value of $250 or more shall disclose to the committee, within 30 16 days after receipt of the gift, the name and occupation of the donor and the 17 approximate value of the gift. A legislator or legislative employee who accepts a gift 18 under (c)(8) of this section that the recipient expects will have a value of $250 or more 19 in the calendar year shall disclose to the committee, within 30 days after receipt of the 20 gift, the name and occupation of the donor, a general description of the matter of 21 legislative concern with respect to which the gift is made, and the approximate value 22 of the gift. The committee shall maintain a public record of the disclosures it receives 23 relating to gifts under (c)(4) and (8) of this section and shall forward the disclosures 24 to the appropriate house for inclusion in the journal. [THE COMMITTEE SHALL 25 FORWARD TO THE ALASKA PUBLIC OFFICES COMMISSION COPIES OF THE 26 DISCLOSURES CONCERNING GIFTS UNDER (c)(4) AND (8) OF THIS SECTION 27 THAT IT RECEIVES FROM LEGISLATORS AND LEGISLATIVE DIRECTORS.] 28 A legislator or legislative employee who accepts a gift under (c)(6) of this section that 29 has a value of $250 or more shall disclose to the committee annually on or before 30 March 15 the name and occupation of the donor and a description of the gift. The 31 committee shall maintain disclosures relating to gifts under (c)(6) of this section as
01 confidential records and may only use, or permit a committee employee or contractor 02 to use, a disclosure under (c)(6) of this section in the investigation of a possible 03 violation of this section or in a proceeding under AS 24.60.170. If the disclosure under 04 (c)(6) of this section becomes part of the record of a proceeding under AS 24.60.170, 05 the confidentiality provisions of that section apply to the disclosure. 06 * Sec. 41. AS 24.60.080(e) is amended to read: 07 (e) A political contribution is not a gift under this section if it is reported 08 under AS 15.13.025 [AS 15.13.040 OR IS EXEMPT FROM THE REPORTING 09 REQUIREMENT UNDER AS 15.13.040(g)]. The use of a bulk mailing permit owned 10 by a legislator's campaign committee or used in a legislator's election campaign is not 11 a gift to that legislator under this section. 12 * Sec. 42. AS 24.60.170(l) is amended to read: 13 (l) Proceedings of the committee relating to complaints before it are 14 confidential until the committee determines that there is probable cause to believe that 15 a violation of this chapter has occurred. The complaint and all documents produced 16 or disclosed as a result of the committee investigation are confidential and not subject 17 to inspection by the public. If , in the course of an investigation or probable cause 18 determination , the committee finds evidence of probable criminal activity, the 19 committee shall transmit a statement and factual findings limited to that activity to the 20 appropriate law enforcement agency. [IF THE COMMITTEE FINDS EVIDENCE OF 21 A PROBABLE VIOLATION OF AS 15.13, THE COMMITTEE SHALL TRANSMIT 22 A STATEMENT TO THAT EFFECT AND FACTUAL FINDINGS LIMITED TO 23 THE PROBABLE VIOLATION TO THE ALASKA PUBLIC OFFICES 24 COMMISSION.] All meetings of the committee before the determination of probable 25 cause are closed to the public and to legislators who are not members of the 26 committee. However, the committee may permit the subject of the complaint to attend 27 a meeting other than the deliberations on probable cause. The confidentiality 28 provisions of this subsection may be waived by the subject of the complaint. 29 * Sec. 43. AS 24.60.200 is amended to read: 30 Sec. 24.60.200. Financial disclosure by legislators, public members of the 31 committee, and legislative directors. A legislator, a public member of the committee,
01 and a legislative director shall file a disclosure statement, under oath and on penalty 02 of perjury, with the division of elections [ALASKA PUBLIC OFFICES 03 COMMISSION] giving the following information about the income received by the 04 discloser, the discloser's spouse or spousal equivalent, the discloser's dependent 05 children, and the discloser's nondependent children who are living with the discloser: 06 (1) the information that a public official is required to report under 07 AS 39.50.030, other than information about gifts; 08 (2) as to income in excess of $1,000 received as compensation for 09 personal services, the name and address of the source of the income, and a statement 10 describing the nature of the services performed; if the source of income is known or 11 reasonably should be known to have a substantial interest in legislative, administrative, 12 or political action and the recipient of the income is a legislator or a legislative 13 director, the amount of income received from the source shall be disclosed; 14 (3) as to each loan or loan guarantee over $1,000 from a source with 15 a substantial interest in legislative, administrative, or political action, the name and 16 address of the person making the loan or guarantee, the amount of the loan, the terms 17 and conditions under which the loan or guarantee was given, the amount outstanding 18 at the time of filing, and whether or not a written loan agreement exists. 19 * Sec. 44. AS 24.60.210 is amended to read: 20 Sec. 24.60.210. Deadlines for filing of disclosure statements. A person 21 required to file a disclosure statement under AS 24.60.200 shall file an annual report 22 with the division of elections [ALASKA PUBLIC OFFICES COMMISSION], 23 covering the previous calendar year, containing the disclosures required by 24 AS 24.60.200, on or before March 15 of each year. 25 * Sec. 45. AS 24.60.220 is amended to read: 26 Sec. 24.60.220. Administration of AS 24.60.200 - 24.60.260. The division 27 of elections [ALASKA PUBLIC OFFICES COMMISSION] shall 28 (1) adopt regulations to implement and interpret the provisions of 29 AS 24.60.200 - 24.60.260; 30 (2) prepare standardized forms on which the statements required by 31 AS 24.60.200 shall be filed; and
01 (3) examine, investigate, and compare all reports and statements 02 required under AS 24.60.200, and report all possible violations of this chapter it 03 discovers to the committee. 04 * Sec. 46. AS 24.60.230 is amended to read: 05 Sec. 24.60.230. Statements as public records. A statement filed with the 06 division of elections [ALASKA PUBLIC OFFICES COMMISSION] under 07 AS 24.60.200 is a public record. A person is not required to comply with 08 AS 24.60.200 to the extent that a court of competent jurisdiction of the state 09 determines that legally privileged professional relationships or constitutional privacy 10 considerations would be violated by compliance. 11 * Sec. 47. AS 24.60.240 is amended to read: 12 Sec. 24.60.240. Civil penalty for late filing. A person required to file a 13 disclosure statement under AS 24.60.200 who fails to file a properly completed report 14 under AS 24.60.200 is subject to a civil penalty of not more than $10 a day for each 15 day the delinquency continues as the division of elections [ALASKA PUBLIC 16 OFFICES COMMISSION] determines, subject to appeal to the superior court. An 17 affidavit stating facts in mitigation may be submitted to the division of elections 18 [ALASKA PUBLIC OFFICES COMMISSION] by the person against whom the civil 19 penalty is assessed. However, the imposition of the penalties prescribed in this section 20 does not excuse the person from filing reports required by AS 24.60.200. 21 * Sec. 48. AS 24.60.250 is amended to read: 22 Sec. 24.60.250. Effect of failure to file. (a) In addition to the sanctions 23 described in AS 24.60.260, if the division of elections [ALASKA PUBLIC OFFICES 24 COMMISSION] finds that a candidate for the legislature who is an incumbent 25 legislator has failed to file a report under AS 24.60.200 by March 15, the division of 26 elections [COMMISSION] shall notify the candidate that the report is late. If the 27 candidate fails to file the report within 30 days after it is due, 28 (1) the division of elections [COMMISSION] shall notify the lieutenant 29 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 division of 06 elections [ALASKA PUBLIC OFFICES COMMISSION] finds that a member of the 07 committee has failed or refused to file a report under AS 24.60.200 by a deadline 08 established in AS 24.60.210, it shall notify the presiding officer of the appropriate 09 legislative body. In the case of a public member of the committee, the division of 10 elections [COMMISSION] shall notify both presiding officers. 11 (c) In addition to the sanctions described in AS 24.60.260, if the division of 12 elections [ALASKA PUBLIC OFFICES COMMISSION] finds that a legislative 13 director has failed or refused to file a report under AS 24.60.200 by a deadline 14 established in AS 24.60.210, it shall notify the Alaska Legislative Council or the 15 Legislative Budget and Audit Committee, as appropriate. For the ombudsman, the 16 Alaska Legislative Council shall be notified. 17 * Sec. 49. AS 24.60.260(a) is amended to read: 18 (a) A person required to make a disclosure under this chapter may not 19 knowingly make a false or deliberately misleading or incomplete disclosure to the 20 committee or to the division of elections [ALASKA PUBLIC OFFICES 21 COMMISSION]. A person who files a disclosure after a deadline set by this chapter 22 or by a regulation adopted by the committee or by the division of elections [ALASKA 23 PUBLIC OFFICES COMMISSION] has violated this chapter and may be subject to 24 imposition of a fine as provided in (c) of this section or AS 24.60.240. 25 * Sec. 50. AS 24.60.260(b) is amended to read: 26 (b) A person who violates this section is subject to a proceeding under 27 AS 24.60.170 [,] in addition to penalties that may be imposed by the division of 28 elections [ALASKA PUBLIC OFFICES COMMISSION] under AS 24.60.240 and to 29 the penalty set out in AS 24.60.250. 30 * Sec. 51. AS 24.60.990(a)(11) is amended to read: 31 (11) "lobbyist" means a person who is required to register under
01 AS 24.45.041 and is described under AS 24.45.171(8)(A), but does not include a 02 volunteer lobbyist described in AS 24.45.161(a)(1) or a representational lobbyist as 03 defined under regulations of the division of elections [ALASKA PUBLIC OFFICES 04 COMMISSION]; 05 * Sec. 52. AS 39.50.020(b) is amended to read: 06 (b) A public official other than an elected or appointed municipal officer shall 07 file the statement with the division of elections [ALASKA PUBLIC OFFICES 08 COMMISSION]. Candidates for the office of governor and lieutenant governor and, 09 if the candidate is not subject to AS 24.60, the legislature shall file the statement under 10 AS 15.25.030 or 15.25.180. Municipal officers, and candidates for elective municipal 11 office, shall file with the municipal clerk or other municipal official designated to 12 receive their filing for office. All statements required to be filed under this chapter are 13 public records. 14 * Sec. 53. AS 39.50.030(e) is amended to read: 15 (e) If a public official required to disclose a close economic association under 16 (d) of this section forms a close economic association after the date on which the 17 public official files the financial disclosure statement required by (a) of this section, 18 disclosure of the association must be made to the division of elections 19 [COMMISSION] within 60 days after the formation of the association. 20 * Sec. 54. AS 39.50.050(a) is amended to read: 21 (a) The division of elections [ALASKA PUBLIC OFFICES COMMISSION 22 CREATED UNDER AS 15.13.020(a)] shall administer the provisions of this chapter. 23 The division [COMMISSION] shall prepare and keep available for distribution [,] 24 standardized forms on which the reports required by this chapter shall be filed. 25 * Sec. 55. AS 39.50.050(b) is amended to read: 26 (b) The division [COMMISSION] shall adopt regulations to implement and 27 interpret the provisions of this chapter. Regulations or interpretation shall be within the 28 intent and purpose of this chapter and are subject to judicial review under the 29 Administrative Procedure Act (AS 44.62). 30 * Sec. 56. AS 39.50.135 is amended to read: 31 Sec. 39.50.135. Civil penalty: Late filing of required reports. A person who
01 fails to file a properly completed and certified report within the time required by this 02 chapter is subject to a civil penalty of not more than $10 a day for each day the 03 delinquency continues as the division of elections [COMMISSION] determines subject 04 to appeal to the superior court. An affidavit stating facts in mitigation may be 05 submitted to the division [COMMISSION] by a person against whom a civil penalty 06 is assessed. However, the imposition of the penalties prescribed in this section or in 07 AS 39.50.060 - 39.50.130 does not excuse that person from filing reports required by 08 this chapter. 09 * Sec. 57. AS 39.50.200(a) is amended by adding a new paragraph to read: 10 (11) "division" means the division of elections. 11 * Sec. 58. AS 39.52.180(d) is amended to read: 12 (d) A former governor, lieutenant governor, or head of a principal department 13 in the executive branch may not engage in activity as a lobbyist under AS 24.45 for 14 a period of one year after leaving service as the governor, lieutenant governor, or 15 department head, as appropriate. This subsection does not prohibit service as a 16 volunteer lobbyist described in AS 24.45.161(a)(1) or a representational lobbyist 17 as defined under regulations of the division of elections [ALASKA PUBLIC OFFICES 18 COMMISSION]. 19 * Sec. 59. AS 39.52.340(a) is amended to read: 20 (a) Except as provided in AS 39.52.335, before the initiation of formal 21 proceedings under AS 39.52.350, the complaint and all other documents and 22 information regarding an investigation conducted under this chapter or obtained by the 23 attorney general during the investigation are confidential and not subject to inspection 24 by the public. In the case of a complaint concerning the governor, lieutenant governor, 25 or attorney general, all meetings of the personnel board concerning the complaint and 26 investigation before the determination of probable cause are closed to the public. If, 27 in the course of an investigation or probable cause determination, the attorney general 28 finds evidence of probable criminal activity, the attorney general shall transmit a 29 statement and factual findings limited to that activity to the appropriate law 30 enforcement agency. [IF THE ATTORNEY GENERAL FINDS EVIDENCE OF A 31 PROBABLE VIOLATION OF AS 15.13, THE ATTORNEY GENERAL SHALL
01 TRANSMIT A STATEMENT TO THAT EFFECT AND FACTUAL FINDINGS 02 LIMITED TO THE PROBABLE VIOLATION TO THE ALASKA PUBLIC OFFICES 03 COMMISSION.] The attorney general and all persons contacted during the course of 04 an investigation shall maintain confidentiality regarding the existence of the 05 investigation. 06 * Sec. 60. AS 45.68.120(a) is amended to read: 07 (a) Registration is not required under AS 45.68.010 for 08 (1) a church or religious organization that is exempt from filing a 09 federal annual information return under 26 U.S.C. 6033(a)(2)(A); 10 (2) a candidate for national, state, or local office, and a political party 11 or other committee or group if the candidate, party, committee, or group is required 12 to file a full disclosure report under AS 15.13.025 or financial information [WITH 13 THE ALASKA PUBLIC OFFICES COMMISSION UNDER AS 15.13 OR] with the 14 Federal Election Commission under 2 U.S.C. 431 - 456 (Federal Election Campaign 15 Act); 16 (3) a charitable organization that does not intend to raise or receive 17 contributions, excluding government grants, in excess of $5,000 during a fiscal year 18 of the charitable organization, or that does not intend to receive contributions from 19 more than 10 persons during a fiscal year of the charitable organization if, in either 20 situation, 21 (A) all of the organization's functions, including solicitation, are 22 performed by persons who are not paid for their services; and 23 (B) an officer or member of the organization is not paid or does 24 not otherwise receive all or a part of the assets or income of the charitable 25 organization; 26 (4) a person or municipality who has a permit under AS 05.15.100. 27 * Sec. 61. AS 15.13.010(a)(2), 15.13.020, 15.13.030, 15.13.040, 15.13.045, 15.13.050(b), 28 15.13.065, 15.13.070, 15.13.072, 15.13.074, 15.13.076, 15.13.078, 15.13.080, 15.13.082, 29 15.13.084, 15.13.086, 15.13.090, 15.13.095, 15.13.100, 15.13.110, 15.13.112, 15.13.114, 30 15.13.116, 15.13.120, 15.13.122, 15.13.125, 15.13.135, 15.13.140, 15.13.145, 15.13.150, 31 15.13.155, 15.13.400(2), 15.13.400(7); AS 39.25.120(c)(16); AS 39.50.200(a)(3),
01 39.50.200(b)(8); AS 43.05.085; and AS 44.62.330(a)(39) are repealed.