CSSB 119(STA): "An Act authorizing the Alaska Public Offices Commission to issue advisory opinions; amending campaign financial disclosure requirements and the limits on lobbyists' campaign contributions to candidates; removing municipal elections and municipal officials from the campaign finance and public official financial disclosure laws; amending campaign contribution limits; amending the time limit on contributions after primary elections; amending the complaint procedures of the Alaska Public Offices Commission; amending the definition of 'political party' for state election campaigns; relating to the crime of campaign misconduct; providing for increased use of electronic filing for reports to the Alaska Public Offices Commission; amending the definitions of 'administrative action' and 'lobbyist' in the regulation of lobbying laws; amending the requirements for the reporting of financial interests by public officials; repealing restrictions on solicitation and acceptance of contributions during legislative sessions and in the capital city; making conforming amendments; and providing for an effective date."
00 CS FOR SENATE BILL NO. 119(STA) 01 "An Act authorizing the Alaska Public Offices Commission to issue advisory opinions; 02 amending campaign financial disclosure requirements and the limits on lobbyists' 03 campaign contributions to candidates; removing municipal elections and municipal 04 officials from the campaign finance and public official financial disclosure laws; 05 amending campaign contribution limits; amending the time limit on contributions after 06 primary elections; amending the complaint procedures of the Alaska Public Offices 07 Commission; amending the definition of 'political party' for state election campaigns; 08 relating to the crime of campaign misconduct; providing for increased use of electronic 09 filing for reports to the Alaska Public Offices Commission; amending the definitions of 10 'administrative action' and 'lobbyist' in the regulation of lobbying laws; amending the 11 requirements for the reporting of financial interests by public officials; repealing 12 restrictions on solicitation and acceptance of contributions during legislative sessions
01 and in the capital city; making conforming amendments; and providing for an effective 02 date." 03 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 04 * Section 1. AS 15.13.010(c) is amended to read: 05 (c) This chapter does not prohibit a municipality from regulating by ordinance 06 election campaign contributions and expenditures in municipal elections [, OR FROM 07 REGULATING THOSE CAMPAIGN CONTRIBUTIONS AND EXPENDITURES 08 MORE STRICTLY THAN PROVIDED IN THIS CHAPTER]. 09 * Sec. 2. AS 15.13.030 is amended to read: 10 Sec. 15.13.030. Duties of the commission. The commission shall 11 (1) develop and provide all forms for the reports and statements 12 required to be made under this chapter, AS 24.45, and AS 39.50; 13 (2) prepare and publish a manual setting out uniform methods of 14 bookkeeping and reporting for use by persons required to make reports and statements 15 under this chapter and otherwise assist candidates, groups, and individuals in 16 complying with the requirements of this chapter; 17 (3) receive and hold open for public inspection reports and statements 18 required to be made under this chapter and, upon request, furnish copies at cost to 19 interested persons; 20 (4) compile and maintain a current list of all filed reports and 21 statements; 22 (5) prepare a summary of each report filed under AS 15.13.110 and 23 make copies of this summary available to interested persons at their actual cost; 24 (6) notify, by registered or certified mail, all persons who are 25 delinquent in filing reports and statements required to be made under this chapter; 26 (7) examine, investigate, and compare all reports, statements, and 27 actions required by this chapter, AS 24.45, and AS 39.50; 28 (8) prepare and publish a biennial report concerning the activities of 29 the commission, the effectiveness of this chapter, its enforcement by the attorney 30 general's office, and recommendations and proposals for change; the commission shall
01 notify the legislature that the report is available; 02 (9) adopt regulations necessary to implement and clarify the provisions 03 of AS 24.45, AS 39.50, and this chapter, subject to the provisions of AS 44.62 04 (Administrative Procedure Act); and 05 (10) consider a written request for an advisory opinion concerning 06 the application of this chapter, AS 24.45, AS 24.60.200 - 24.60.260, or AS 39.50. 07 * Sec. 3. AS 15.13.040(a) is amended to read: 08 (a) Except as provided in (g) and (l) of this section, each candidate shall make 09 a full report, upon a form prescribed by the commission, 10 (1) listing 11 (A) the date and amount of all expenditures made by the 12 candidate; 13 (B) [,] the total amount of all contributions, including all funds 14 contributed by the candidate; 15 (C) [, AND FOR ALL CONTRIBUTIONS IN EXCESS OF 16 $100 IN THE AGGREGATE A YEAR,] the name, address, [PRINCIPAL 17 OCCUPATION, AND EMPLOYER OF THE CONTRIBUTOR AND THE] 18 date, and amount contributed by each contributor; and 19 (D) for contributions in excess of $250 in the aggregate 20 during a calendar year, the principal occupation and employer of the 21 contributor; and 22 (2) [. THE REPORT SHALL BE] filed in accordance with 23 AS 15.13.110 and [SHALL BE] certified correct by the candidate or campaign 24 treasurer. 25 * Sec. 4. AS 15.13.040(b) is amended to read: 26 (b) Except as provided in (l) of this section, each [EACH] group shall make 27 a full report upon a form prescribed by the commission, listing 28 (1) the name and address of each officer and director; 29 (2) the aggregate amount of all contributions made to it; 30 (3) [AND, FOR ALL CONTRIBUTIONS IN EXCESS OF $100 IN 31 THE AGGREGATE A YEAR,] the name, address, [PRINCIPAL OCCUPATION,
01 AND EMPLOYER OF THE CONTRIBUTOR, AND THE] date, and amount 02 contributed by each contributor and, for contributions in excess of $250 in the 03 aggregate during a calendar year, the principal occupation and employer of the 04 contributor [; FOR PURPOSES OF THIS PARAGRAPH, "CONTRIBUTOR" 05 MEANS THE TRUE SOURCE OF THE FUNDS, PROPERTY, OR SERVICES 06 BEING CONTRIBUTED]; and 07 (4) [(3)] the date and amount of all contributions made by it and all 08 expenditures made, incurred, or authorized by it. 09 * Sec. 5. AS 15.13.040(g) is amended to read: 10 (g) The provisions of (a) and (l) of this section do not apply if a candidate 11 (1) indicates, on a form prescribed by the commission, an intent not to 12 raise and not to expend more than $5,000 [$2,500] in seeking election to office, 13 including both the primary and general elections; 14 (2) accepts contributions totaling not more than $5,000 [$2,500] in 15 seeking election to office, including both the primary and general elections; and 16 (3) makes expenditures totaling not more than $5,000 [$2,500] in 17 seeking election to office, including both the primary and general elections. 18 * Sec. 6. AS 15.13.040(h) is amended to read: 19 (h) The provisions of (d) of this section do not apply to one or more 20 expenditures made by an individual acting independently of any group or nongroup 21 entity and independently of any other individual if the expenditures 22 (1) cumulatively do not exceed $500 [$250] during a calendar year; 23 and 24 (2) are made only for billboards, signs, or printed material concerning 25 a ballot proposition as that term is defined by AS 15.13.065(c). 26 * Sec. 7. AS 15.13.040(j) is amended to read: 27 (j) Except as provided in (l) of this section, each [EACH] nongroup entity 28 shall make a full report in accordance with AS 15.13.110 upon a form prescribed by 29 the commission and certified by the nongroup entity's treasurer, listing 30 (1) the name and address of each officer and director of the nongroup 31 entity;
01 (2) the aggregate amount of all contributions made to the nongroup 02 entity for the purpose of influencing the outcome of an election; 03 (3) [AND,] for all [SUCH] contributions described in (2) of this 04 subsection [IN EXCESS OF $100 IN THE AGGREGATE A YEAR], the name, 05 address, and principal occupation [, AND EMPLOYER] of the contributor, and the 06 date and amount contributed by each contributor and, for all contributions described 07 in (2) of this subsection in excess of $250 in the aggregate during a calendar year, 08 the employer of the contributor [; FOR PURPOSES OF THIS PARAGRAPH, 09 "CONTRIBUTOR" MEANS THE TRUE SOURCE OF THE FUNDS, PROPERTY, 10 OR SERVICES BEING CONTRIBUTED]; and 11 (4) [(3)] the date and amount of all contributions made by the 12 nongroup entity, and, except as provided for certain independent expenditures in 13 AS 15.13.135(a), all expenditures made, incurred, or authorized by the nongroup 14 entity, for the purpose of influencing the outcome of an election; a nongroup entity 15 shall report contributions made to a different nongroup entity for the purpose of 16 influencing the outcome of an election and expenditures made on behalf of a different 17 nongroup entity for the purpose of influencing the outcome of an election as soon as 18 the total contributions and expenditures to that nongroup entity for the purpose of 19 influencing the outcome of an election reach $500 in a year and for all subsequent 20 contributions and expenditures to that nongroup entity in a year whenever the total 21 contributions and expenditures to that nongroup entity for the purpose of influencing 22 the outcome of an election that have not been reported under this paragraph reach 23 $500. 24 * Sec. 8. AS 15.13.040 is amended by adding new subsections to read: 25 (l) Notwithstanding (a), (b), and (j) of this section, for any fund raising activity 26 in which contributions are in amounts or values that do not exceed $50 a person, the 27 candidate, group, or nongroup entity shall report contributions and expenditures and 28 supplying of services under this subsection as follows: 29 (1) a report under this subsection must 30 (A) describe the fund raising activity; 31 (B) include the number of persons making contributions and
01 the total proceeds from the activity; 02 (C) report all contributions made for the fund raising activity 03 that do not exceed $50 a person in amount or value; if a contribution for the 04 fund raising activity exceeds $50, the contribution shall be reported under (a), 05 (b), and (j) of this section; 06 (2) for purposes of this subsection, 07 (A) "contribution" means a cash donation, a purchase such as 08 the purchase of a ticket, the purchase of goods or services offered for sale at a 09 fund raising activity, or a donation of goods or services for the fund raising 10 activity; 11 (B) "fund raising activity" means an activity, event, or sale of 12 goods undertaken by a candidate, group, or nongroup entity in which 13 contributions are $50 a person or less in amount or value. 14 (m) Upon request of the commission, the information required under this 15 chapter shall be submitted electronically. 16 (n) For purposes of (b) and (j) of this section, "contributor" means the true 17 source of the funds, property, or services being contributed. 18 * Sec. 9. AS 15.13.060(c) is amended to read: 19 (c) Each candidate for state office shall file the name and address of the 20 campaign treasurer with the commission, or submit, in writing, the name and address 21 of the campaign treasurer to the director for filing with the commission, no later than 22 15 days after the date of filing the declaration of candidacy or the nominating petition. 23 [EACH CANDIDATE FOR MUNICIPAL OFFICE SHALL FILE THE NAME AND 24 ADDRESS OF THE CAMPAIGN TREASURER WITH THE COMMISSION NO 25 LATER THAN SEVEN DAYS AFTER THE DATE OF FILING THE 26 DECLARATION OF CANDIDACY OR THE NOMINATING PETITION.] If the 27 candidate does not designate a campaign treasurer, the candidate is the campaign 28 treasurer. 29 * Sec. 10. AS 15.13.070(b) is amended to read: 30 (b) An individual may contribute not more than 31 (1) $1,000 [$500] per year to a nongroup entity for the purpose of
01 influencing the nomination or election of a candidate, to a candidate, to an individual 02 who conducts a write-in campaign as a candidate, or to a group that is not a political 03 party; 04 (2) $10,000 [$5,000] per year to a political party for the purpose of 05 influencing the nomination or election of a candidate or candidates. 06 * Sec. 11. AS 15.13.070(c) is amended to read: 07 (c) A group that is not a political party may contribute not more than [$1,000 08 PER YEAR] 09 (1) $5,000 per year to a candidate, or to an individual who conducts a 10 write-in campaign as a candidate; [OR] 11 (2) $5,000 per year to another group or [,] a nongroup entity; or 12 (3) $10,000 per year [,] or to a political party. 13 * Sec. 12. AS 15.13.070(f) is amended to read: 14 (f) A nongroup entity may contribute not more than $1,000 [$500] a year to 15 another [A] nongroup entity for the purpose of influencing the nomination or election 16 of a candidate, to a candidate, to an individual who conducts a write-in campaign as a 17 candidate, to a group, or to a political party. 18 * Sec. 13. AS 15.13.072(a) is amended to read: 19 (a) A candidate or an individual who has filed with the commission the 20 document necessary to permit that individual to incur election-related expenses under 21 AS 15.13.100 may not solicit or accept a contribution from 22 (1) a person not authorized by law to make a contribution; 23 (2) an individual who is not a resident of the state at the time the 24 contribution is made, except as provided in (e) of this section; 25 (3) a group organized under the laws of another state, resident in 26 another state, or whose participants are not residents of this state at the time the 27 contribution is made; or 28 (4) a person registered as a lobbyist if the contribution violates 29 [AS 15.13.074(g) OR] AS 24.45.121(a)(8). 30 * Sec. 14. AS 15.13.072(e) is amended to read: 31 (e) A candidate or an individual who has filed with the commission the
01 document necessary to permit that individual to incur election-related expenses under 02 AS 15.13.100 may solicit or accept contributions from an individual who is not a 03 resident of the state at the time the contribution is made if the amounts contributed by 04 individuals who are not residents do not exceed 05 (1) $20,000 a calendar year, if the candidate or individual is seeking 06 the office of governor or lieutenant governor; 07 (2) $5,000 a calendar year, if the candidate or individual is seeking 08 the office of state senator; 09 (3) $3,000 a calendar year, if the candidate or individual is seeking 10 the office of state representative [OR MUNICIPAL] or other office. 11 * Sec. 15. AS 15.13.074(c) is amended to read: 12 (c) A person or group may not make a contribution 13 (1) to a candidate or an individual who files with the commission the 14 document necessary to permit that individual to incur certain election-related expenses 15 as authorized by AS 15.13.100 when the office is to be filled at a general election 16 before the date that is 18 months before the general election; 17 (2) to a candidate or an individual who files with the commission the 18 document necessary to permit that individual to incur certain election-related expenses 19 as authorized by AS 15.13.100 for an office that is to be filled at a special election 20 [OR MUNICIPAL ELECTION BEFORE THE DATE THAT IS 18 MONTHS 21 BEFORE THE DATE OF THE REGULAR MUNICIPAL ELECTION OR THAT IS] 22 before the date of the proclamation of the special election at which the candidate or 23 individual seeks election to public office; or 24 (3) to any candidate later than the 45th day 25 (A) [AFTER THE DATE OF A PRIMARY ELECTION IF 26 THE CANDIDATE 27 (i) HAS BEEN NOMINATED AT THE PRIMARY 28 ELECTION OR IS RUNNING AS A WRITE-IN CANDIDATE; AND 29 (ii) IS NOT OPPOSED AT THE GENERAL 30 ELECTION; 31 (B)] after the date of the primary election if the candidate was
01 not nominated at the primary election; or 02 (B) [(C)] after the date of the general election [, OR AFTER 03 THE DATE OF A MUNICIPAL OR MUNICIPAL RUNOFF ELECTION, IF 04 THE CANDIDATE WAS OPPOSED AT THE GENERAL, MUNICIPAL, 05 OR MUNICIPAL RUNOFF ELECTION]. 06 * Sec. 16. AS 15.13.074(g) is amended to read: 07 (g) An individual required to register as a lobbyist under AS 24.45 [MAY 08 NOT MAKE A CONTRIBUTION TO A CANDIDATE FOR THE LEGISLATURE 09 AT ANY TIME THE INDIVIDUAL IS SUBJECT TO THE REGISTRATION 10 REQUIREMENT UNDER AS 24.45 AND FOR ONE YEAR AFTER THE DATE 11 OF THE INDIVIDUAL'S INITIAL REGISTRATION OR ITS RENEWAL. 12 HOWEVER, THE INDIVIDUAL MAY MAKE A CONTRIBUTION UNDER THIS 13 SECTION TO A CANDIDATE FOR THE LEGISLATURE IN A DISTRICT IN 14 WHICH THE INDIVIDUAL IS ELIGIBLE TO VOTE OR WILL BE ELIGIBLE TO 15 VOTE ON THE DATE OF THE ELECTION. AN INDIVIDUAL WHO IS 16 SUBJECT TO THE RESTRICTIONS OF THIS SUBSECTION] shall report to the 17 commission, on a form provided by the commission, each contribution made while 18 required to register as a lobbyist under AS 24.45. Upon request of the commission, 19 the information required under this subsection shall be submitted electronically. 20 This subsection does not apply to a representational lobbyist as defined in regulations 21 of the commission. 22 * Sec. 17. AS 15.13.078(b) is amended to read: 23 (b) The provisions of this chapter do not prohibit the individual who is a 24 candidate from lending any amount to the campaign of the candidate. Loans made by 25 the candidate shall be reported as contributions in accordance with AS 15.13.040 and 26 15.13.110. However, the candidate may not 27 [(1)] recover, under this section and AS 15.13.116(a)(4), the amount of 28 a loan made by the candidate to the candidate's own campaign that exceeds 29 (1) [(A)] $25,000, if the candidate ran for governor or lieutenant 30 governor; 31 (2) [(B)] $10,000, if the candidate ran for
01 (A) [(i)] the legislature; or 02 (B) [(ii)] delegate to a constitutional convention; 03 (3) [(C)] $10,000, if the candidate was a judge seeking retention [; 04 (D) $5,000, IF THE CANDIDATE RAN IN A MUNICIPAL 05 ELECTION; OR 06 (2) REPAY A LOAN THAT THE CANDIDATE HAS MADE TO 07 THE CANDIDATE'S OWN CAMPAIGN UNLESS, WITHIN FIVE DAYS OF 08 MAKING THE LOAN, THE CANDIDATE NOTIFIES THE COMMISSION, ON A 09 FORM PROVIDED BY THE COMMISSION, OF THE CANDIDATE'S 10 INTENTION TO REPAY THE LOAN UNDER AS 15.13.116(a)(4)]. 11 * Sec. 18. AS 15.13.110(a) is amended to read: 12 (a) Each candidate, group, and nongroup entity shall make a full report in 13 accordance with AS 15.13.040 for the period ending three days before the due date of 14 the report and beginning on the last day covered by the most recent previous report. If 15 the report is a first report, it must [SHALL] cover the period from the beginning of the 16 campaign to the date three days before the due date of the report. If the report is a 17 report due February 15, it must [SHALL] cover the period beginning on the last day 18 covered by the most recent previous report or on the day that the campaign started, 19 whichever is later, and ending on February 1 of that [DECEMBER 31 OF THE 20 PRIOR] year. The report shall be filed 21 (1) 30 days before the election; however, this report is not required if 22 the deadline for filing a nominating petition or declaration of candidacy is within 30 23 days of the election; 24 (2) one week before the election; 25 (3) 105 [10] days after a special [THE] election; and 26 (4) February 15 for expenditures made and contributions received that 27 were not reported previously [DURING THE PREVIOUS YEAR], including, if 28 applicable, all amounts expended from a public office expense term account 29 established under AS 15.13.116(a)(8) [AND ALL AMOUNTS EXPENDED FROM A 30 MUNICIPAL OFFICE ACCOUNT UNDER AS 15.13.116(a)(9),] or when 31 expenditures were not made or contributions were not received during the previous
01 year. 02 * Sec. 19. AS 15.13.116(a) is amended to read: 03 (a) A candidate who, after the date of the general or [,] special [, 04 MUNICIPAL, OR MUNICIPAL RUNOFF] election or after the date the candidate 05 withdraws as a candidate, whichever comes first, holds unused campaign contributions 06 shall distribute the amount held on February 1 for a general election or within 90 07 days after a special election. The distribution may only be made to 08 (1) pay bills incurred for expenditures reasonably related to the 09 campaign and the winding up of the affairs of the campaign, including a victory or 10 thank you party, thank you advertisements, and thank you gifts to campaign 11 employees and volunteers, and to pay expenditures associated with post-election fund 12 raising that may be needed to raise funds to pay off campaign debts; 13 (2) make donations, without condition, to 14 (A) a political party; 15 (B) the state's general fund; 16 (C) a municipality of the state; or 17 (D) the federal government; 18 (3) make donations, without condition, to organizations qualified as 19 charitable organizations under 26 U.S.C. 501(c)(3) if [, PROVIDED] the organization 20 is not controlled by the candidate or a member of the candidate's immediate family; 21 (4) repay loans from the candidate to the candidate's own campaign 22 under AS 15.13.078(b); 23 (5) repay contributions to contributors, but only if repayment of the 24 contribution is made pro rata in approximate proportion to the contributions made 25 using one of the following, as the candidate determines: 26 (A) to all contributors; 27 (B) to contributors who have contributed most recently; or 28 (C) to contributors who have made larger contributions; 29 (6) establish a fund for, and from that fund to pay, attorney fees or 30 costs incurred in the prosecution or defense of an administrative or civil judicial action 31 that directly concerns a challenge to the victory or defeat of the candidate in the
01 election; 02 (7) transfer all or a portion of the unused campaign contributions to an 03 account for a future election campaign; a transfer under this paragraph is limited to 04 (A) $50,000, if the transfer is made by a candidate for governor 05 or lieutenant governor; 06 (B) $10,000, if the transfer is made by a candidate for the state 07 senate; 08 (C) $5,000, if the transfer is made by a candidate for the state 09 house of representatives; and 10 (D) $5,000, if the transfer is made by a candidate for an office 11 not described in (A) - (C) of this paragraph; and 12 (8) transfer all or a portion of the unused campaign contributions to a 13 public office expense term account or to a public office expense term account reserve 14 in accordance with (d) of this section; a transfer under this paragraph is subject to the 15 following: 16 (A) the authority to transfer is limited to candidates who are 17 elected to the state legislature; 18 (B) the public office expense term account established under 19 this paragraph may be used only for expenses associated with the candidate's 20 serving as a member of the legislature; 21 (C) all amounts expended from the public office expense term 22 account shall be annually accounted for under AS 15.13.110(a)(4); and 23 (D) a transfer under this paragraph is limited to $5,000 24 multiplied by the number of years in the term to which the candidate is elected 25 plus any accumulated interest [; AND 26 (9) TRANSFER ALL OR A PORTION OF THE UNUSED 27 CAMPAIGN CONTRIBUTIONS TO A MUNICIPAL OFFICE ACCOUNT; A 28 TRANSFER UNDER THIS PARAGRAPH IS SUBJECT TO THE FOLLOWING: 29 (A) THE AUTHORITY TO TRANSFER IS LIMITED TO 30 CANDIDATES WHO ARE ELECTED TO MUNICIPAL OFFICE, 31 INCLUDING A MUNICIPAL SCHOOL BOARD;
01 (B) THE MUNICIPAL OFFICE ACCOUNT ESTABLISHED 02 UNDER THIS PARAGRAPH MAY BE USED ONLY FOR EXPENSES 03 ASSOCIATED WITH THE CANDIDATE'S SERVING AS MAYOR OR AS 04 A MEMBER OF THE ASSEMBLY, CITY COUNCIL, OR SCHOOL 05 BOARD; 06 (C) ALL AMOUNTS EXPENDED FROM THE MUNICIPAL 07 OFFICE ACCOUNT SHALL BE ANNUALLY ACCOUNTED FOR UNDER 08 AS 15.13.110(a)(4); AND 09 (D) A TRANSFER UNDER THIS PARAGRAPH IS 10 LIMITED TO $5,000]. 11 * Sec. 20. AS 15.13.116(b) is amended to read: 12 (b) After a general or [,] special [, MUNICIPAL, OR MUNICIPAL 13 RUNOFF] election, a candidate may retain the ownership of one computer and one 14 printer and of personal property, except money, that was acquired by and for use in the 15 campaign. The current fair market value of the property retained, exclusive of the 16 computer and printer, may not exceed $5,000. All other property shall be disposed of, 17 or sold and the sale proceeds disposed of, in accordance with (a) or (c) of this section. 18 Notwithstanding any other provision of this chapter, 19 (1) a candidate may (A) retain a bulk mailing permit that was paid for 20 with campaign funds, and (B) use personal funds, campaign funds, or unused 21 campaign contributions transferred to a public office expense term account under 22 (a)(8) of this section to pay the continuing charges for the permit after the election; 23 money used to continue the life of the permit is not considered to be a contribution 24 under this chapter; in addition to any other use permitted under this chapter, during the 25 candidate's term of office, the candidate may use the bulk mailing permit for mailings 26 associated with service in the office to which the candidate was elected; during the 27 candidate's term of office, if the candidate files a declaration of candidacy or the 28 document necessary to permit the candidate to incur election-related expenses under 29 AS 15.13.100 for the same or a different elective office, the candidate may also use 30 the bulk mailing permit in that election campaign; 31 (2) a candidate may retain campaign photographs and use the
01 photographs for any purpose associated with service in the office to which the 02 candidate was elected; 03 (3) a candidate may retain seasonal greeting cards purchased with 04 campaign funds; and 05 (4) campaign signs prepared for an election that has already taken 06 place have no monetary value and may be retained or disposed of at the candidate's 07 discretion. 08 * Sec. 21. AS 15.13.116(d) is amended to read: 09 (d) After a general or special election, a candidate for the state legislature who 10 has been elected to the state legislature in that election may, from the amount retained 11 in the public office expense term account reserve under this subsection, transfer to a 12 public office expense term account not more than $5,000 each calendar year for use 13 only for expenses associated with the candidate's serving as a member of the 14 legislature, except that a senator serving a two-year term may transfer not more than 15 $10,000 each calendar year. A candidate for the senate may transfer up to $20,000 16 from unused campaign contributions to a public office expense term account reserve. 17 A candidate for the house of representatives may transfer up to $10,000 from unused 18 campaign contributions to a public office expense term account reserve. The public 19 office expense term account reserve may only be used to make transfers to the public 20 office expense term account. At the end of the candidate's term of office, a balance in 21 the public office expense term account reserve must be disposed of as provided in (a) 22 of this section but may not be disposed of as provided in (a)(1), (4), or (6) - (8) [(9)] of 23 this section. All amounts expended under this subsection shall be annually accounted 24 for under AS 15.13.110(a)(4). 25 * Sec. 22. AS 15.13.145(a) is amended to read: 26 (a) Except as provided in (b) and (c) of this section, each of the following may 27 not use money held by the entity to influence the outcome of the election of a 28 candidate to a state [OR MUNICIPAL] office: 29 (1) the state, its agencies, and its corporations; 30 (2) the University of Alaska and its Board of Regents; 31 (3) municipalities, school districts, and regional educational attendance
01 areas, or another political subdivision of the state; and 02 (4) an officer or employee of an entity identified in (1) - (3) of this 03 subsection. 04 * Sec. 23. AS 15.13 is amended by adding a new section to read: 05 Sec. 15.13.374. Advisory opinion. (a) Any person may request an advisory 06 opinion from the commission concerning this chapter, AS 24.45, AS 24.60.200 - 07 24.60.260, or AS 39.50. 08 (b) A request for an advisory opinion 09 (1) must be in writing or contained in a message submitted by 10 electronic mail; 11 (2) must describe a specific transaction or activity that the requesting 12 person is presently engaged in or intends to undertake in the future; 13 (3) must include a description of all relevant facts, including the 14 identity of the person requesting the advisory opinion; and 15 (4) may not concern a hypothetical situation or the activity of a third 16 party. 17 (c) Within seven days after receiving a request satisfying the requirements of 18 (b) of this section, the executive director of the commission shall recommend a draft 19 advisory opinion for the commission to consider at its next meeting. 20 (d) The approval of a draft advisory opinion requires the affirmative vote of 21 four members of the commission. A draft advisory opinion failing to receive four 22 affirmative votes of the members of the commission is disapproved. 23 (e) A complaint under AS 15.13.380 may not be considered about a person 24 involved in a transaction or activity that 25 (1) was described in an advisory opinion approved under (d) of this 26 section; 27 (2) is indistinguishable from the description of an activity that was 28 approved in an advisory opinion approved under (d) of this section; or 29 (3) was undertaken after the executive director of the commission 30 recommended a draft advisory opinion under (c) of this section and before the 31 commission acted on the draft advisory opinion under (d) of this section, if
01 (A) the draft advisory opinion would have approved the 02 transaction or activity described; and 03 (B) the commission disapproved the draft advisory opinion. 04 (f) Advisory opinion requests and advisory opinions are public records subject 05 to inspection and copying under AS 40.25. 06 * Sec. 24. AS 15.13.380 is repealed and reenacted to read: 07 Sec. 15.13.380. Violations; limitations on actions. (a) Promptly after the 08 final date for filing statements and reports under this chapter, the commission shall 09 notify all persons who have become delinquent in filing them, including contributors 10 who failed to file a statement in accordance with AS 15.13.040, and shall make 11 available a list of those delinquent filers for public inspection. The commission shall 12 also report to the attorney general the names of all candidates in an election whose 13 campaign treasurers have failed to file the reports required by this chapter. 14 (b) A member of the commission, the commission's executive director, or a 15 person who believes a violation of this chapter or a regulation adopted under this 16 chapter has occurred or is occurring may file an administrative complaint with the 17 commission within one year after the date of the alleged violation. If a member of the 18 commission has filed the complaint, that member may not participate as a 19 commissioner in any proceeding of the commission with respect to the complaint. 20 The commission may consider a complaint on an expedited basis or a regular basis. 21 (c) The complainant or the respondent to the complaint may request in writing 22 that the commission expedite consideration of the complaint. A request for expedited 23 consideration must be accompanied by evidence to support expedited consideration 24 and be served on the opposing party. The commission shall grant or deny the request 25 within two days after receiving it. In deciding whether to expedite consideration, the 26 commission shall consider such factors as whether the alleged violation, if not 27 immediately restrained, could materially affect the outcome of an election or other 28 impending event; whether the alleged violation could cause irreparable harm that 29 penalties could not adequately remedy; and whether there is reasonable cause to 30 believe that a violation has occurred or will occur. Notwithstanding the absence of a 31 request to expedite consideration, the commission may independently expedite
01 consideration of the complaint if the commission finds that the standards for expedited 02 consideration set out in this subsection have been met. 03 (d) If the commission expedites consideration, the commission shall hold a 04 hearing on the complaint within two days after granting expedited consideration. Not 05 later than one day after affording the respondent notice and an opportunity to be heard, 06 the commission shall 07 (1) enter an emergency order requiring the violation to be ceased or to 08 be remedied and assess civil penalties under AS 15.13.390 if the commission finds 09 that the respondent has engaged in or is about to engage in an act or practice that 10 constitutes or will constitute a violation of this chapter or a regulation adopted under 11 this chapter; 12 (2) enter an emergency order dismissing the complaint if the 13 commission finds that the respondent has not or is not about to engage in an act or 14 practice that constitutes or will constitute a violation of this chapter or a regulation 15 adopted under this chapter; or 16 (3) remand the complaint to the executive director of the commission 17 for consideration by the commission on a regular rather than an expedited basis. 18 (e) If the commission accepts the complaint for consideration on a regular 19 rather than an expedited basis, the commission shall notify the respondent within 20 seven days after receiving the complaint and shall investigate the complaint. The 21 respondent may answer the complaint by filing a written response with the 22 commission within 15 days after the commission notifies the respondent of the 23 complaint. The commission may grant the respondent additional time to respond to 24 the complaint only for good cause. The commission shall hold a hearing on the 25 complaint not later than 45 days after the respondent's written response is due. Not 26 later than 10 days after the hearing, the commission shall issue its order. If the 27 commission finds that the respondent has engaged in or is about to engage in an act or 28 practice that constitutes or will constitute a violation of this chapter or a regulation 29 adopted under this chapter, the commission shall enter an order requiring the violation 30 to be ceased or to be remedied and shall assess civil penalties under AS 15.13.390. 31 (f) If the complaint involves a challenge to the constitutionality of a statute or
01 regulation, necessary witnesses that are not subject to the commission's subpoena 02 authority, or other issues outside the commission's authority, the commission may 03 request the attorney general to file a complaint in superior court alleging a violation of 04 this chapter. The commission may request the attorney general to file a complaint in 05 superior court to remedy the violation of a commission order. 06 (g) A commission order under (d) or (e) of this section may be appealed to the 07 superior court by either the complainant or respondent within 30 days in accordance 08 with the Alaska Rules of Appellate Procedure. 09 (h) If the commission does not complete action on an administrative complaint 10 within 90 days after the complaint was filed, the complainant may file a complaint in 11 superior court alleging a violation of this chapter by a respondent as described in the 12 administrative complaint filed with the commission. The complainant shall provide 13 copies of the complaint filed in the superior court to the commission and the attorney 14 general. This subsection does not create a private cause of action against the 15 commission; against the commission's members, officers, or employees; or against the 16 state. 17 (i) If a person who was a successful candidate or the campaign treasurer or 18 deputy campaign treasurer of a person who was a successful candidate is convicted of 19 a violation of this chapter, after the candidate is sworn into office, proceedings shall be 20 held and appropriate action taken in accordance with 21 (1) art. II, sec. 12, of the state constitution, if the successful candidate 22 is a member of the state legislature; 23 (2) art. II, sec. 20, of the state constitution, if the successful candidate 24 is governor or lieutenant governor; 25 (3) the provisions of the call for the constitutional convention, if the 26 successful candidate is a constitutional convention delegate; 27 (4) art. IV, sec. 10, of the state constitution, if the successful candidate 28 is a judge. 29 (j) Information developed by the commission under (b) - (e) of this section 30 shall be considered during a proceeding under (i) of this section. 31 (k) If, after a successful candidate is sworn into office, the successful
01 candidate or the campaign treasurer or deputy campaign treasurer of the person who 02 was a successful candidate is charged with a violation of this chapter, the case shall be 03 promptly tried and accorded a preferred position for purposes of argument and 04 decision so as to ensure a speedy disposition of the matter. 05 * Sec. 25. AS 15.13.400(1) is amended to read: 06 (1) "candidate" 07 (A) means an individual who files for election to the state 08 legislature, for governor, for lieutenant governor, [FOR MUNICIPAL 09 OFFICE,] for retention in judicial office, or for constitutional convention 10 delegate, or who campaigns as a write-in candidate for any of these offices; 11 and 12 (B) when used in a provision of this chapter that limits or 13 prohibits the donation, solicitation, or acceptance of campaign contributions, or 14 limits or prohibits an expenditure, includes 15 (i) a candidate's campaign treasurer and a deputy 16 campaign treasurer; 17 (ii) a member of the candidate's immediate family; 18 (iii) a person acting as agent for the candidate; 19 (iv) the candidate's campaign committee; and 20 (v) a group that makes expenditures or receives 21 contributions with the authorization or consent, express or implied, or 22 under the control, direct or indirect, of the candidate; 23 * Sec. 26. AS 15.13.400(5) is amended to read: 24 (5) "electioneering communication" means a communication that 25 (A) directly or indirectly identifies a candidate; 26 (B) addresses an issue of national, state, or local political 27 importance and attributes a position on that issue to the candidate identified; 28 and 29 (C) occurs within the 30 days preceding a general [OR 30 MUNICIPAL] election; 31 * Sec. 27. AS 15.13.400(15) is repealed and reenacted to read:
01 (15) "political party" means any group that is a political party under 02 AS 15.60.010 and any subordinate unit of that group if, consistent with the rules or 03 bylaws of the political party, the unit conducts or supports campaign operations in a 04 municipality, neighborhood, house district, or precinct; 05 * Sec. 28. AS 15.56.016(a) is amended to read: 06 (a) A person commits the crime of campaign misconduct in the third degree if 07 (1) the person violates a provision of AS 15.13 or a regulation adopted 08 under AS 15.13; or 09 (2) during the hours the polls are open and after election officials have 10 posted warning notices as required by AS 15.15.170 [OR AT THE REQUIRED 11 DISTANCE IN THE FORM AND MANNER PRESCRIBED BY THE CHIEF 12 MUNICIPAL ELECTIONS OFFICIAL IN A LOCAL ELECTION], the person is 13 within 200 feet of an entrance to a polling place, and 14 (A) violates AS 15.15.170; or 15 (B) circulates cards, handbills, or marked ballots, or posts 16 political signs or posters relating to a candidate at an election or election 17 proposition or question. 18 * Sec. 29. AS 24.45.041(b) is amended to read: 19 (7) the identification of a legislator, legislative employee, or public 20 official to whom the lobbyist is married or who is the domestic partner [SPOUSAL 21 EQUIVALENT] of the lobbyist; in this paragraph, "domestic partner [SPOUSAL 22 EQUIVALENT]" has the meaning given in AS 39.50.200(a). 23 * Sec. 30. AS 24.45.041 is amended by adding a new subsection to read: 24 (h) Upon request of the commission, information required under this section 25 shall be submitted electronically. 26 * Sec. 31. AS 24.45.051 is amended to read: 27 Sec. 24.45.051. Reports. Each lobbyist registered under AS 24.45.041 shall 28 file with the commission a report concerning the lobbyist's activities during each 29 reporting period prescribed in AS 24.45.081, so long as the lobbyist continues to 30 engage in lobbying activities. The report shall be made on a form prescribed by the 31 commission and filed in accordance with AS 24.45.071 and 24.45.081. Upon request
01 of the commission, information required under this section shall be submitted 02 electronically. The report also must include any changes in the information required 03 to be supplied under AS 24.45.041(b) and the following information for the reporting 04 period, as applicable: 05 (1) the source of income, as defined in AS 39.50.200(a) and the 06 monetary value of all payments, including but not limited to salary, fees, and 07 reimbursement of expenses, received in consideration for or directly or indirectly in 08 support of or in connection with influencing legislative or administrative action, and 09 the full name and complete address of each person from whom amounts or things of 10 value have been received and the total monetary value received from each person; 11 (2) the aggregate amount of disbursements or expenditures made or 12 incurred during the period in support of or in connection with influencing legislative 13 or administrative action by the lobbyist, or on behalf of the lobbyist by the lobbyist's 14 employer in the following categories: 15 (A) food and beverages; 16 (B) living accommodations; 17 (C) travel; 18 (3) the date and nature of any gift exceeding $100 in value made to a 19 public official and the full name and official position of that person; 20 (4) the name and official position of each public official, and the name 21 of each member of the immediate family of any of these officials, with whom the 22 lobbyist has engaged in an exchange of money, goods, services, or anything of more 23 than $100 in value and the nature and date of each of these exchanges and the 24 monetary values exchanged; 25 (5) the name and address of any business entity in which the lobbyist 26 knows or has reason to know that a public official is a proprietor, partner, director, 27 officer or manager, or has a controlling interest, and whom the lobbyist has engaged in 28 an exchange of money, goods, services, or anything of value and the nature and date 29 of each exchange and the monetary value exchanged if the total value of these 30 exchanges is $100 or more in a calendar year; and 31 (6) a notice of termination if the lobbyist has ceased the lobbying
01 activity that required registration under this chapter and if this report constitutes the 02 final report of the lobbyist's activities. 03 * Sec. 32. AS 24.45.061 is amended by adding a new subsection to read: 04 (c) Upon request of the commission, information required under this section 05 shall be submitted electronically. 06 * Sec. 33. AS 24.45.116 is amended to read: 07 Sec. 24.45.116. Disclosure of contributions. A civic league or organization 08 shall report the total amount of contributions received for the reporting period and, for 09 any contribution over $100, the name of the contributor and the amount contributed. 10 The civic league or organization may establish a separate fund to account for receipts 11 and expenditures arising out of activities to influence legislative action. Reports shall 12 be made on a form provided by the commission on February 10, April 25, and July 10 13 of each year, listing contributions received during the period that ended 10 days 14 earlier. Upon request of the commission, information required under this section 15 shall be submitted electronically. 16 * Sec. 34. AS 24.45.171(1) is amended to read: 17 (1) "administrative action" means the proposal, drafting, development, 18 consideration, amendment, adoption, approval, promulgation, issuance, modification, 19 rejection, or postponement by any state agency of any rule or [,] regulation, [ORDER, 20 DECISION, DETERMINATION,] or any other quasi-legislative [OR QUASI- 21 JUDICIAL] action or proceeding whether or not governed by AS 44.62 22 (Administrative Procedure Act); "administrative action" does not include 23 (A) a proceeding or an action to determine the rights or 24 duties of a person under existing statutes, regulations, or policies; 25 (B) the issuance, amendment, or revocation of a permit, 26 license, or entitlement for use; 27 (C) the enforcement of compliance with existing law or the 28 imposition of sanctions for a violation of existing law; 29 (D) procurement activity, including the purchase or sale of 30 property, goods, or services by the agency or the award of a grant or 31 contract;
01 (E) the issuance of, or ensuring compliance with, a legal 02 opinion; or 03 (G) activity related to a collective bargaining agreement, 04 including negotiating or enforcing the agreement; 05 * Sec. 35. AS 24.45.171(8) is amended to read: 06 (8) "lobbyist" means 07 (A) a person who, on a full-time or part-time basis, is 08 employed and receives payments, income or [WHO CONTRACTS FOR] 09 economic consideration, including reimbursement for reasonable travel and 10 living expenses, to communicate directly or through the person's agents with 11 any public official for the purpose of influencing legislative or administrative 12 action if a substantial or regular portion of the activities for which the person 13 receives consideration is for the purpose of influencing legislative or 14 administrative action; in this subparagraph, "substantial or regular" means 15 more than 16 hours in a 30-day period in direct communication with a 16 public official or legislative employee; or 17 (B) a person who engages [REPRESENTS ONESELF AS 18 ENGAGING] in the influencing of legislative or administrative action as a 19 business, occupation, service, or profession; 20 * Sec. 36. AS 24.45.171(12) is amended to read: 21 (12) "public official" or "public officer" means a public official as 22 defined in AS 39.50.200(a), a member of the legislature, or a legislative director as 23 defined in AS 24.60.990(a); however, it does not include a judicial officer [OR AN 24 ELECTED OR APPOINTED MUNICIPAL OFFICER]. 25 * Sec. 37. AS 24.45.171 is amended by adding a new paragraph to read: 26 (13) "commission" means the Alaska Public Offices Commission. 27 * Sec. 38. AS 24.60.070(a) is amended to read: 28 (a) A legislator or legislative employee shall disclose to the committee, which 29 shall maintain a public record of the disclosure and forward the disclosure to the 30 respective house for inclusion in the journal, the formation or maintenance of a close 31 economic association involving a substantial financial matter with
01 (1) a supervisor who is not a member of the legislature who has 02 responsibility or authority, either directly or indirectly, over the person's employment, 03 including preparing or reviewing performance evaluations, or granting or approving 04 pay raises or promotions; this paragraph does not apply to a public member of the 05 committee; 06 (2) legislators; 07 (3) a public official who is required to file a financial disclosure 08 statement under AS 39.50 [AND IS NOT AN APPOINTED MUNICIPAL 09 OFFICER]; 10 (4) a registered lobbyist; or 11 (5) a legislative employee if the person required to make the disclosure 12 is a legislator. 13 * Sec. 39. AS 24.60.070(c) is amended to read: 14 (c) When making a disclosure under (a) of this section concerning a 15 relationship with a lobbyist to whom the legislator or legislative employee is married 16 or who is the legislator's or legislative employee's domestic partner [SPOUSAL 17 EQUIVALENT], the legislator or legislative employee shall also disclose the name 18 and address of each employer of the lobbyist and the total monetary value received by 19 the lobbyist from the lobbyist's employer. The legislator or legislative employee shall 20 report changes in the employer of the spouse or domestic partner [SPOUSAL 21 EQUIVALENT] within 48 hours after the change. In this subsection, "employer of the 22 lobbyist" means the person from whom the lobbyist received amounts or things of 23 value for engaging in lobbying on behalf of the person. 24 * Sec. 40. AS 24.60.080(k) is amended to read: 25 (k) In this section, "immediate family" or "family member" means 26 (1) the spouse of the person; 27 (2) the person's domestic partner [SPOUSAL EQUIVALENT]; 28 (3) a child, including a stepchild and an adoptive child, of the person 29 or of the person's domestic partner [SPOUSAL EQUIVALENT]; 30 (4) a parent, sibling, grandparent, aunt, or uncle of the person; 31 (5) a parent, sibling, grandparent, aunt, or uncle of the person's spouse
01 or the person's domestic partner [SPOUSAL EQUIVALENT]; and 02 (6) a stepparent, stepsister, stepbrother, step-grandparent, step-aunt, or 03 step-uncle of the person, the person's spouse, or the person's domestic partner 04 [SPOUSAL EQUIVALENT]. 05 * Sec. 41. AS 24.60.090(a) is amended to read: 06 (a) An individual who is related to a member of the legislature may not be 07 employed for compensation (1) during the legislative session in the house in which the 08 legislator is a member, (2) by an agency of the legislature established under AS 24.20, 09 (3) in either house during the interim between sessions, or (4), whether for 10 compensation or not, by the committee. An individual who is related to a legislative 11 employee may not be employed in a position over which the employee has supervisory 12 authority. In this subsection, "an individual who is related to" means a member of the 13 legislator's or legislative employee's immediate family or a person who is a legislator's 14 or legislative employee's domestic partner [SPOUSAL EQUIVALENT] living 15 together in a conjugal relationship not a legal marriage with the legislator or legislative 16 employee, and "interim between sessions" means the period beginning on the eighth 17 day after the legislature adjourns from a regular session, and ending eight days before 18 the date that the legislature shall convene under AS 24.05.090. 19 * Sec. 42. AS 24.60.200 is amended to read: 20 Sec. 24.60.200. Financial disclosure by legislators, public members of the 21 committee, and legislative directors. A legislator, a public member of the 22 committee, and a legislative director shall file a disclosure statement, under oath and 23 on penalty of perjury, with the Alaska Public Offices Commission giving the 24 following information about the income received by the discloser, the discloser's 25 spouse or domestic partner [SPOUSAL EQUIVALENT], the discloser's dependent 26 children, and the discloser's nondependent children who are living with the discloser: 27 (1) the information that a public official is required to report under 28 AS 39.50.030, other than information about gifts; 29 (2) as to income in excess of $10,000 [$1,000] received as 30 compensation for personal services, the name and address of the source of the income, 31 and a statement describing the nature of the services performed; if the source of
01 income is known or reasonably should be known to have a substantial interest in 02 legislative, administrative, or political action and the recipient of the income is a 03 legislator or a legislative director, the amount of income received from the source shall 04 be disclosed; 05 (3) as to each loan or loan guarantee over $1,000 from a source with a 06 substantial interest in legislative, administrative, or political action, the name and 07 address of the person making the loan or guarantee, the amount of the loan, the terms 08 and conditions under which the loan or guarantee was given, the amount outstanding 09 at the time of filing, and whether or not a written loan agreement exists. 10 * Sec. 43. AS 24.60.200 is amended by adding a new subsection to read: 11 (b) Upon request of the Alaska Public Offices Commission, the information 12 required under AS 24.60.200 - 24.60.260 shall be submitted electronically. 13 * Sec. 44. AS 24.60.990(a)(5) is amended to read: 14 (5) "immediate family" means 15 (A) the spouse or domestic partner [SPOUSAL 16 EQUIVALENT] of the person; or 17 (B) a parent, child, including a stepchild and an adoptive child, 18 and sibling of a person if the parent, child, or sibling resides with the person, is 19 financially dependent on the person, or shares a substantial financial interest 20 with the person; 21 * Sec. 45. AS 24.60.990(a) is amended by adding a new paragraph to read: 22 (17) " domestic partner" or "spousal equivalent" means a person who is 23 cohabiting with another person in a relationship that is like a marriage but that is not a 24 legal marriage. 25 * Sec. 46. AS 39.50.020 is amended to read: 26 Sec. 39.50.020. Report of financial and business interests. (a) A public 27 official other than the governor or the lieutenant governor shall file a statement giving 28 income sources and business interests, under oath and on penalty of perjury, within 30 29 days after taking office as a public official. Candidates for state elective office other 30 than a candidate who is subject to AS 24.60 shall file the statement with the director of 31 elections at the time of filing a declaration of candidacy or a nominating petition or
01 becoming a candidate by any other means. [CANDIDATES FOR ELECTIVE 02 MUNICIPAL OFFICE SHALL FILE THE STATEMENT AT THE TIME OF 03 FILING A NOMINATING PETITION, DECLARATION OF CANDIDACY, OR 04 OTHER REQUIRED FILING FOR THE ELECTIVE MUNICIPAL OFFICE.] 05 Refusal or failure to file within the time prescribed shall require that the candidate's 06 filing fees, if any, and filing for office be refused or that a previously accepted filing 07 fee be returned and the candidate's name removed from the filing records. A 08 statement shall also be filed by public officials no later than March 15 in each 09 following year. Persons who are members of boards or commissions not named in 10 AS 39.50.200(b) are not required to file financial statements. 11 (b) A public official [OTHER THAN AN ELECTED OR APPOINTED 12 MUNICIPAL OFFICER] shall file the statement with the Alaska Public Offices 13 Commission. Candidates for the office of governor and lieutenant governor and, if the 14 candidate is not subject to AS 24.60, the legislature shall file the statement under 15 AS 15.25.030 or 15.25.180. [MUNICIPAL OFFICERS, AND CANDIDATES FOR 16 ELECTIVE MUNICIPAL OFFICE, SHALL FILE WITH THE MUNICIPAL CLERK 17 OR OTHER MUNICIPAL OFFICIAL DESIGNATED TO RECEIVE THEIR 18 FILING FOR OFFICE.] All statements required to be filed under this chapter are 19 public records. 20 * Sec. 47. AS 39.50.030(b) is amended to read: 21 (b) Each [EXCEPT AS PROVIDED IN (g) OF THIS SECTION, EACH] 22 statement filed by a public official or candidate under this chapter must include the 23 following: 24 (1) the source of all income over $10,000 [$1,000] during the 25 preceding calendar year, including taxable and nontaxable capital gains, received by 26 the person, the person's spouse or domestic partner [SPOUSAL EQUIVALENT], or 27 the person's dependent child, except that a source of income that is a gift must be 28 included if the value of the gift exceeds $500 [$250]; 29 (2) the identity, by name and address, of each business in which the 30 person, the person's spouse or domestic partner [SPOUSAL EQUIVALENT], or the 31 person's dependent child has an interest or was a stockholder, owner, officer,
01 director, partner, proprietor, or employee during the preceding calendar year, except 02 that an interest of less than $10,000 in the stock of a publicly traded corporation 03 need not be included; 04 (3) [THE IDENTITY AND NATURE OF EACH INTEREST 05 OWNED IN ANY BUSINESS DURING THE PRECEDING CALENDAR YEAR 06 BY THE PERSON, THE PERSON'S SPOUSE OR SPOUSAL EQUIVALENT, OR 07 THE PERSON'S CHILD; 08 (4)] the identity and nature of each interest in real property, including 09 an option to buy, owned at any time during the preceding calendar year by the person, 10 the person's spouse or domestic partner [SPOUSAL EQUIVALENT], or the person's 11 dependent child; 12 (4) [(5)] the identity of each trust or other fiduciary relation in which 13 the person, the person's spouse or domestic partner [SPOUSAL EQUIVALENT], or 14 the person's dependent child held a beneficial interest exceeding $10,000 [$1,000] 15 during the preceding calendar year, a description and identification of the property 16 contained in each trust or relation, and the nature and extent of the beneficial interest 17 in it; 18 (5) [(6)] any loan or loan guarantee of more than $10,000 [$1,000] 19 made to the person, the person's spouse or domestic partner [SPOUSAL 20 EQUIVALENT], or the person's dependent child, and the identity of the maker of the 21 loan or loan guarantor and the identity of each creditor to whom the person, the 22 person's spouse or domestic partner [SPOUSAL EQUIVALENT], or the person's 23 dependent child owed more than $10,000 [$1,000]; this paragraph requires disclosure 24 of a loan, loan guarantee, or indebtedness only if the loan or guarantee was made, or 25 the indebtedness incurred, during the preceding calendar year, or if the amount still 26 owing on the loan, loan guarantee, or indebtedness was more than $10,000 [$1,000] at 27 any time during the preceding calendar year; 28 (6) [(7)] a list of all contracts and offers to contract with the state or an 29 instrumentality of the state during the preceding calendar year held, bid, or offered by 30 the person, the person's spouse or domestic partner [SPOUSAL EQUIVALENT], or 31 the person's dependent child, a partnership or professional corporation of which the
01 person is a member, or a corporation in which the person or the person's spouse, 02 domestic partner [SPOUSAL EQUIVALENT], or dependent children, or a 03 combination of them, hold a controlling interest; and 04 (7) [(8)] a list of all mineral, timber, oil, or any other natural resource 05 lease held, or lease offer made, during the preceding calendar year by the person, the 06 person's spouse or domestic partner [SPOUSAL EQUIVALENT], or the person's 07 dependent child, a partnership or professional corporation of which the person is a 08 member, or a corporation in which the person or the person's spouse or domestic 09 partner [SPOUSAL EQUIVALENT] or dependent children, or a combination of 10 them, holds a controlling interest. 11 * Sec. 48. AS 39.50.030(d) is amended to read: 12 (d) In addition to the requirements of (b) of this section, each statement filed 13 under this chapter by a public official in the executive branch of state government 14 other than the chair or a member of a state commission or board must include a 15 disclosure of the formation or maintenance of a close economic association involving 16 a substantial financial matter as required by this subsection. The disclosure must be 17 sufficiently detailed so that a reader can ascertain the nature of the association. A 18 public official shall disclose a close economic association with 19 (1) a legislator; 20 (2) a public official [WHO IS NOT AN ELECTED OR APPOINTED 21 MUNICIPAL OFFICER]; 22 (3) a lobbyist; or 23 (4) a public officer if the person required to make the disclosure is the 24 governor or the lieutenant governor. 25 * Sec. 49. AS 39.50.030(f) is amended to read: 26 (f) When making a disclosure under (d) of this section concerning a 27 relationship with a lobbyist to whom the public official is married or who is the public 28 official's domestic partner [SPOUSAL EQUIVALENT], the public official shall also 29 disclose the name and address of each employer of the lobbyist and the total monetary 30 value received from the lobbyist's employer. The public official shall report changes 31 in the employers of the spouse or domestic partner [SPOUSAL EQUIVALENT]
01 within 48 hours after the change. In this subsection, "employer of the lobbyist" means 02 the person from whom the lobbyist received money, or goods or services having a 03 monetary value, for engaging in lobbying on behalf of the person. 04 * Sec. 50. AS 39.50.050(a) is amended to read: 05 (a) The Alaska Public Offices Commission created under AS 15.13.020(a) 06 shall administer the provisions of this chapter. The commission shall prepare and 07 keep available for distribution [,] standardized forms on which the reports required by 08 this chapter shall be filed. Upon request of the commission, the information 09 required under this chapter shall be submitted electronically. 10 * Sec. 51. AS 39.50.090(a) is amended to read: 11 (a) A public official may not use the official position or office for the primary 12 purpose of obtaining personal financial gain or financial gain for a spouse, dependent 13 child, mother, father, or business with which the official is associated or in which the 14 official owns stock. A public official [OTHER THAN AN ELECTED OR 15 APPOINTED MUNICIPAL OFFICIAL] may not use the official's position or office 16 for the primary purpose of obtaining financial gain for the official's domestic partner 17 [SPOUSAL EQUIVALENT]. 18 * Sec. 52. AS 39.50.090(b) is amended to read: 19 (b) A person may not offer or pay to a public official, and a public official 20 may not solicit or receive money for legislative advice or assistance, or for advice or 21 assistance given in the course of the official's public employment or relating to the 22 public employment. However, this prohibition does not apply to a chair 23 [CHAIRMAN] or member of a state commission or board [OR MUNICIPAL 24 OFFICER] if the subject matter of the legislative advice or assistance is not related 25 directly to the function of the commission or [,] board [, OR MUNICIPAL BODY 26 SERVED BY THE MUNICIPAL OFFICER]; this exception from the general 27 prohibition does not apply to one whose service on a state commission or board 28 constitutes the person as a full-time state employee under this title [AS 39]. 29 * Sec. 53. AS 39.50.090(c) is amended to read: 30 (c) A public official may not represent a client before a state agency for a fee. 31 However, this prohibition does not apply to a chair [MUNICIPAL OFFICER, OR
01 CHAIRMAN] or member of a state commission or board except with regard to 02 representation before that commission or board; this exception from the general 03 prohibition does not apply to one whose service on the commission or board 04 constitutes the person as a full-time state employee under this title. 05 * Sec. 54. AS 39.50.200(a)(9) is amended to read: 06 (9) "source of income" means the entity for which service is performed 07 or that [WHICH] is otherwise the origin of payment; if the person whose income is 08 being reported is employed by another, the employer is the source of income; but if 09 the person is self-employed by means of a sole proprietorship, partnership, 10 professional corporation, or a corporation in which the person, the person's spouse or 11 domestic partner [SPOUSAL EQUIVALENT], or the person's dependent children, 12 or a combination of them, hold a controlling interest, the "source" is the client or 13 customer of the proprietorship, partnership, or corporation, but, if the entity that 14 [WHICH] is the origin of payment is not the same as the client or customer for whom 15 the service is performed, both are considered the source; 16 * Sec. 55. AS 39.50.200(a) is amended by adding a new paragraph to read: 17 (11) "domestic partner" means a person who is cohabiting with another 18 person in a relationship that is like a marriage but that is not a legal marriage. 19 * Sec. 56. AS 15.13.010(a)(2), 15.13.010(d), 15.13.020(k), 15.13.070(d)(4)(C), 20 15.13.072(d), 15.13.072(g); AS 24.60.031, 24.60.990(a)(15); AS 39.50.030(g), 21 39.50.030(h)(1), 39.50.090(d), 39.50.145, 39.50.200(a)(7), 39.50.200(a)(8)(J), and 22 39.50.200(a)(10) are repealed. 23 * Sec. 57. The uncodified law of the State of Alaska is amended by adding a new section to 24 read: 25 TRANSITION: REGULATIONS. Notwithstanding sec. 59 of this Act, the Alaska 26 Public Offices Commission may proceed to adopt regulations necessary to implement the 27 changes made by this Act. The regulations take effect under AS 44.62 (Administrative 28 Procedure Act), but not before the effective date of the statutory change. 29 * Sec. 58. Section 57 of this Act takes effect immediately under AS 01.10.070(c). 30 * Sec. 59. Except as provided in sec. 58 of this Act, this Act takes effect July 1, 2003.