HCS CSSB 119(FIN) am H: "An Act authorizing the Alaska Public Offices Commission to issue advisory opinions; amending campaign financial disclosure and reporting requirements, campaign contribution limits, provisions related to contributions after elections, and provisions related to unused campaign contributions; providing for expedited consideration of, and modifying procedures for determining, violations of state election campaign laws; amending the time period within which to file an administrative complaint of a violation of state election campaign laws; amending the definitions of 'express communication' and 'political party' for state election campaigns; amending the registration fee for lobbyists; providing for increased use of electronic filing for reports to the Alaska Public Offices Commission; adding a definition of 'commission' in the regulation of lobbying laws; amending the requirements for the reporting of financial interests by public officials; adding a definition of 'domestic partner' in the legislative ethics code and in the public official financial disclosure requirements; making conforming amendments; and providing for an effective date."
00 HOUSE CS FOR CS FOR SENATE BILL NO. 119(FIN) am H 01 "An Act authorizing the Alaska Public Offices Commission to issue advisory opinions; 02 amending campaign financial disclosure and reporting requirements, campaign 03 contribution limits, provisions related to contributions after elections, and provisions 04 related to unused campaign contributions; providing for expedited consideration of, and 05 modifying procedures for determining, violations of state election campaign laws; 06 amending the time period within which to file an administrative complaint of a violation 07 of state election campaign laws; amending the definitions of 'express communication' 08 and 'political party' for state election campaigns; amending the registration fee for 09 lobbyists; providing for increased use of electronic filing for reports to the Alaska Public 10 Offices Commission; adding a definition of 'commission' in the regulation of lobbying 11 laws; amending the requirements for the reporting of financial interests by public 12 officials; adding a definition of 'domestic partner' in the legislative ethics code and in the
01 public official financial disclosure requirements; making conforming amendments; and 02 providing for an effective date." 03 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 04 * Section 1. AS 15.13.030 is amended to read: 05 Sec. 15.13.030. Duties of the commission. The commission shall 06 (1) develop and provide all forms for the reports and statements 07 required to be made under this chapter, AS 24.45, and AS 39.50; 08 (2) prepare and publish a manual setting out uniform methods of 09 bookkeeping and reporting for use by persons required to make reports and statements 10 under this chapter and otherwise assist candidates, groups, and individuals in 11 complying with the requirements of this chapter; 12 (3) receive and hold open for public inspection reports and statements 13 required to be made under this chapter and, upon request, furnish copies at cost to 14 interested persons; 15 (4) compile and maintain a current list of all filed reports and 16 statements; 17 (5) prepare a summary of each report filed under AS 15.13.110 and 18 make copies of this summary available to interested persons at their actual cost; 19 (6) notify, by registered or certified mail, all persons who are 20 delinquent in filing reports and statements required to be made under this chapter; 21 (7) examine, investigate, and compare all reports, statements, and 22 actions required by this chapter, AS 24.45, and AS 39.50; 23 (8) prepare and publish a biennial report concerning the activities of 24 the commission, the effectiveness of this chapter, its enforcement by the attorney 25 general's office, and recommendations and proposals for change; the commission shall 26 notify the legislature that the report is available; 27 (9) adopt regulations necessary to implement and clarify the provisions 28 of AS 24.45, AS 39.50, and this chapter, subject to the provisions of AS 44.62 29 (Administrative Procedure Act); and 30 (10) consider a written request for an advisory opinion concerning
01 the application of this chapter, AS 24.45, AS 24.60.200 - 24.60.260, or AS 39.50. 02 * Sec. 2. AS 15.13.040(a) is amended to read: 03 (a) Except as provided in (g) and (l) of this section, each candidate shall make 04 a full report, upon a form prescribed by the commission, 05 (1) listing 06 (A) the date and amount of all expenditures made by the 07 candidate; 08 (B) [,] the total amount of all contributions, including all funds 09 contributed by the candidate; 10 (C) [, AND FOR ALL CONTRIBUTIONS IN EXCESS OF 11 $100 IN THE AGGREGATE A YEAR,] the name, address, [PRINCIPAL 12 OCCUPATION, AND EMPLOYER OF THE CONTRIBUTOR AND THE] 13 date, and amount contributed by each contributor; and 14 (D) for contributions in excess of $250 in the aggregate 15 during a calendar year, the principal occupation and employer of the 16 contributor; and 17 (2) [. THE REPORT SHALL BE] filed in accordance with 18 AS 15.13.110 and [SHALL BE] certified correct by the candidate or campaign 19 treasurer. 20 * Sec. 3. AS 15.13.040(b) is amended to read: 21 (b) Except as provided in (l) of this section, each [EACH] group shall make 22 a full report upon a form prescribed by the commission, listing 23 (1) the name and address of each officer and director; 24 (2) the aggregate amount of all contributions made to it; 25 (3) [AND, FOR ALL CONTRIBUTIONS IN EXCESS OF $100 IN 26 THE AGGREGATE A YEAR,] the name, address, [PRINCIPAL OCCUPATION, 27 AND EMPLOYER OF THE CONTRIBUTOR, AND THE] date, and amount 28 contributed by each contributor and, for contributions in excess of $250 in the 29 aggregate during a calendar year, the principal occupation and employer of the 30 contributor [; FOR PURPOSES OF THIS PARAGRAPH, "CONTRIBUTOR" 31 MEANS THE TRUE SOURCE OF THE FUNDS, PROPERTY, OR SERVICES
01 BEING CONTRIBUTED]; and 02 (4) [(3)] the date and amount of all contributions made by it and all 03 expenditures made, incurred, or authorized by it. 04 * Sec. 4. AS 15.13.040(g) is amended to read: 05 (g) The provisions of (a) and (l) of this section do not apply if a candidate 06 (1) indicates, on a form prescribed by the commission, an intent not to 07 raise and not to expend more than $5,000 [$2,500] in seeking election to office, 08 including both the primary and general elections; 09 (2) accepts contributions totaling not more than $5,000 [$2,500] in 10 seeking election to office, including both the primary and general elections; and 11 (3) makes expenditures totaling not more than $5,000 [$2,500] in 12 seeking election to office, including both the primary and general elections. 13 * Sec. 5. AS 15.13.040(h) is amended to read: 14 (h) The provisions of (d) of this section do not apply to one or more 15 expenditures made by an individual acting independently of any group or nongroup 16 entity and independently of any other individual if the expenditures 17 (1) cumulatively do not exceed $500 [$250] during a calendar year; 18 and 19 (2) are made only for billboards, signs, or printed material concerning 20 a ballot proposition as that term is defined by AS 15.13.065(c). 21 * Sec. 6. AS 15.13.040(j) is amended to read: 22 (j) Except as provided in (l) of this section, each [EACH] nongroup entity 23 shall make a full report in accordance with AS 15.13.110 upon a form prescribed by 24 the commission and certified by the nongroup entity's treasurer, listing 25 (1) the name and address of each officer and director of the nongroup 26 entity; 27 (2) the aggregate amount of all contributions made to the nongroup 28 entity for the purpose of influencing the outcome of an election; 29 (3) [AND,] for all [SUCH] contributions described in (2) of this 30 subsection [IN EXCESS OF $100 IN THE AGGREGATE A YEAR], the name, 31 address, and principal occupation [, AND EMPLOYER] of the contributor, and the
01 date and amount contributed by each contributor and, for all contributions described 02 in (2) of this subsection in excess of $250 in the aggregate during a calendar year, 03 the employer of the contributor [; FOR PURPOSES OF THIS PARAGRAPH, 04 "CONTRIBUTOR" MEANS THE TRUE SOURCE OF THE FUNDS, PROPERTY, 05 OR SERVICES BEING CONTRIBUTED]; and 06 (4) [(3)] the date and amount of all contributions made by the 07 nongroup entity, and, except as provided for certain independent expenditures in 08 AS 15.13.135(a), all expenditures made, incurred, or authorized by the nongroup 09 entity, for the purpose of influencing the outcome of an election; a nongroup entity 10 shall report contributions made to a different nongroup entity for the purpose of 11 influencing the outcome of an election and expenditures made on behalf of a different 12 nongroup entity for the purpose of influencing the outcome of an election as soon as 13 the total contributions and expenditures to that nongroup entity for the purpose of 14 influencing the outcome of an election reach $500 in a year and for all subsequent 15 contributions and expenditures to that nongroup entity in a year whenever the total 16 contributions and expenditures to that nongroup entity for the purpose of influencing 17 the outcome of an election that have not been reported under this paragraph reach 18 $500. 19 * Sec. 7. AS 15.13.040 is amended by adding new subsections to read: 20 (l) Notwithstanding (a), (b), and (j) of this section, for any fund raising activity 21 in which contributions are in amounts or values that do not exceed $50 a person, the 22 candidate, group, or nongroup entity shall report contributions and expenditures and 23 supplying of services under this subsection as follows: 24 (1) a report under this subsection must 25 (A) describe the fund raising activity; 26 (B) include the number of persons making contributions and 27 the total proceeds from the activity; 28 (C) report all contributions made for the fund raising activity 29 that do not exceed $50 a person in amount or value; if a contribution for the 30 fund raising activity exceeds $50, the contribution shall be reported under (a), 31 (b), and (j) of this section;
01 (2) for purposes of this subsection, 02 (A) "contribution" means a cash donation, a purchase such as 03 the purchase of a ticket, the purchase of goods or services offered for sale at a 04 fund raising activity, or a donation of goods or services for the fund raising 05 activity; 06 (B) "fund raising activity" means an activity, event, or sale of 07 goods undertaken by a candidate, group, or nongroup entity in which 08 contributions are $50 a person or less in amount or value. 09 (m) Upon request of the commission, the information required under this 10 chapter shall be submitted electronically. 11 (n) For purposes of (b) and (j) of this section, "contributor" means the true 12 source of the funds, property, or services being contributed. 13 * Sec. 8. AS 15.13.070(b) is amended to read: 14 (b) An individual may contribute not more than 15 (1) $1,000 [$500] per year to a nongroup entity for the purpose of 16 influencing the nomination or election of a candidate, to a candidate, to an individual 17 who conducts a write-in campaign as a candidate, or to a group that is not a political 18 party; 19 (2) $10,000 [$5,000] per year to a political party for the purpose of 20 influencing the nomination or election of a candidate or candidates. 21 * Sec. 9. AS 15.13.070(c) is amended to read: 22 (c) A group that is not a political party may contribute not more than [$1,000 23 PER YEAR] 24 (1) $2,000 per year to a candidate, or to an individual who conducts a 25 write-in campaign as a candidate; [OR] 26 (2) $2,000 per year to another group or [,] a nongroup entity; or 27 (3) $4,000 per year [, OR] to a political party. 28 * Sec. 10. AS 15.13.070(f) is amended to read: 29 (f) A nongroup entity may contribute not more than $1,000 [$500] a year to 30 another [A] nongroup entity for the purpose of influencing the nomination or election 31 of a candidate, to a candidate, to an individual who conducts a write-in campaign as a
01 candidate, to a group, or to a political party. 02 * Sec. 11. AS 15.13.072(e) is amended to read: 03 (e) A candidate or an individual who has filed with the commission the 04 document necessary to permit that individual to incur election-related expenses under 05 AS 15.13.100 may solicit or accept contributions from an individual who is not a 06 resident of the state at the time the contribution is made if the amounts contributed by 07 individuals who are not residents do not exceed 08 (1) $20,000 a calendar year, if the candidate or individual is seeking 09 the office of governor or lieutenant governor; 10 (2) $5,000 a calendar year, if the candidate or individual is seeking 11 the office of state senator; 12 (3) $3,000 a calendar year, if the candidate or individual is seeking 13 the office of state representative or municipal or other office. 14 * Sec. 12. AS 15.13.074(c) is amended to read: 15 (c) A person or group may not make a contribution 16 (1) to a candidate or an individual who files with the commission the 17 document necessary to permit that individual to incur certain election-related expenses 18 as authorized by AS 15.13.100 when the office is to be filled at a general election 19 before the date that is 18 months before the general election; 20 (2) to a candidate or an individual who files with the commission the 21 document necessary to permit that individual to incur certain election-related expenses 22 as authorized by AS 15.13.100 for an office that is to be filled at a special election or 23 municipal election before the date that is 18 months before the date of the regular 24 municipal election or that is before the date of the proclamation of the special election 25 at which the candidate or individual seeks election to public office; or 26 (3) to any candidate later than the 45th day 27 (A) [AFTER THE DATE OF A PRIMARY ELECTION IF 28 THE CANDIDATE 29 (i) HAS BEEN NOMINATED AT THE PRIMARY 30 ELECTION OR IS RUNNING AS A WRITE-IN CANDIDATE; AND 31 (ii) IS NOT OPPOSED AT THE GENERAL
01 ELECTION; 02 (B)] after the date of the primary election if the candidate was 03 not nominated at the primary election; or 04 (B) [(C)] after the date of the general election, or after the date 05 of a municipal or municipal runoff election[, IF THE CANDIDATE WAS 06 OPPOSED AT THE GENERAL, MUNICIPAL, OR MUNICIPAL RUNOFF 07 ELECTION]. 08 * Sec. 13. AS 15.13.074(g) is amended to read: 09 (g) An individual required to register as a lobbyist under AS 24.45 may not 10 make a contribution to a candidate for the legislature at any time the individual is 11 subject to the registration requirement under as 24.45 and for one year after the date of 12 the individual's initial registration or its renewal. However, the individual may make a 13 contribution under this section to a candidate for the legislature in a district in which 14 the individual is eligible to vote or will be eligible to vote on the date of the election. 15 An individual who is subject to the restrictions of this subsection shall report to the 16 commission, on a form provided by the commission, each contribution made while 17 required to register as a lobbyist under AS 24.45. Upon request of the commission, 18 the information required under this subsection shall be submitted electronically. 19 This subsection does not apply to a representational lobbyist as defined in regulations 20 of the commission. 21 * Sec. 14. AS 15.13.110(a) is amended to read: 22 (a) Each candidate, group, and nongroup entity shall make a full report in 23 accordance with AS 15.13.040 for the period ending three days before the due date of 24 the report and beginning on the last day covered by the most recent previous report. If 25 the report is a first report, it must [SHALL] cover the period from the beginning of the 26 campaign to the date three days before the due date of the report. If the report is a 27 report due February 15, it must [SHALL] cover the period beginning on the last day 28 covered by the most recent previous report or on the day that the campaign started, 29 whichever is later, and ending on February 1 of that [DECEMBER 31 OF THE 30 PRIOR] year. The report shall be filed 31 (1) 30 days before the election; however, this report is not required if
01 the deadline for filing a nominating petition or declaration of candidacy is within 30 02 days of the election; 03 (2) one week before the election; 04 (3) 105 [10] days after a special [THE] election; and 05 (4) February 15 for expenditures made and contributions received that 06 were not reported previously [DURING THE PREVIOUS YEAR], including, if 07 applicable, all amounts expended from a public office expense term account 08 established under AS 15.13.116(a)(8) and all amounts expended from a municipal 09 office account under AS 15.13.116(a)(9), or when expenditures were not made or 10 contributions were not received during the previous year. 11 * Sec. 15. AS 15.13.116(a) is amended to read: 12 (a) A candidate who, after the date of the general, special, municipal, or 13 municipal runoff election or after the date the candidate withdraws as a candidate, 14 whichever comes first, holds unused campaign contributions shall distribute the 15 amount held on February 1 for a general election or within 90 days after a special 16 election. The distribution may only be made to 17 (1) pay bills incurred for expenditures reasonably related to the 18 campaign and the winding up of the affairs of the campaign, including a victory or 19 thank you party, thank you advertisements, and thank you gifts to campaign 20 employees and volunteers, and to pay expenditures associated with post-election fund 21 raising that may be needed to raise funds to pay off campaign debts; 22 (2) make donations, without condition, to 23 (A) a political party; 24 (B) the state's general fund; 25 (C) a municipality of the state; or 26 (D) the federal government; 27 (3) make donations, without condition, to organizations qualified as 28 charitable organizations under 26 U.S.C. 501(c)(3) if [, PROVIDED] the organization 29 is not controlled by the candidate or a member of the candidate's immediate family; 30 (4) repay loans from the candidate to the candidate's own campaign 31 under AS 15.13.078(b);
01 (5) repay contributions to contributors, but only if repayment of the 02 contribution is made pro rata in approximate proportion to the contributions made 03 using one of the following, as the candidate determines: 04 (A) to all contributors; 05 (B) to contributors who have contributed most recently; or 06 (C) to contributors who have made larger contributions; 07 (6) establish a fund for, and from that fund to pay, attorney fees or 08 costs incurred in the prosecution or defense of an administrative or civil judicial action 09 that directly concerns a challenge to the victory or defeat of the candidate in the 10 election; 11 (7) transfer all or a portion of the unused campaign contributions to an 12 account for a future election campaign; a transfer under this paragraph is limited to 13 (A) $50,000, if the transfer is made by a candidate for governor 14 or lieutenant governor; 15 (B) $10,000, if the transfer is made by a candidate for the state 16 senate; 17 (C) $5,000, if the transfer is made by a candidate for the state 18 house of representatives; and 19 (D) $5,000, if the transfer is made by a candidate for an office 20 not described in (A) - (C) of this paragraph; 21 (8) transfer all or a portion of the unused campaign contributions to a 22 public office expense term account or to a public office expense term account reserve 23 in accordance with (d) of this section; a transfer under this paragraph is subject to the 24 following: 25 (A) the authority to transfer is limited to candidates who are 26 elected to the state legislature; 27 (B) the public office expense term account established under 28 this paragraph may be used only for expenses associated with the candidate's 29 serving as a member of the legislature; 30 (C) all amounts expended from the public office expense term 31 account shall be annually accounted for under AS 15.13.110(a)(4); and
01 (D) a transfer under this paragraph is limited to $5,000 02 multiplied by the number of years in the term to which the candidate is elected 03 plus any accumulated interest; and 04 (9) transfer all or a portion of the unused campaign contributions to a 05 municipal office account; a transfer under this paragraph is subject to the following: 06 (A) the authority to transfer is limited to candidates who are 07 elected to municipal office, including a municipal school board; 08 (B) the municipal office account established under this 09 paragraph may be used only for expenses associated with the candidate's 10 serving as mayor or as a member of the assembly, city council, or school 11 board; 12 (C) all amounts expended from the municipal office account 13 shall be annually accounted for under AS 15.13.110(a)(4); and 14 (D) a transfer under this paragraph is limited to $5,000. 15 * Sec. 16. AS 15.13 is amended by adding a new section to read: 16 Sec. 15.13.374. Advisory opinion. (a) Any person may request an advisory 17 opinion from the commission concerning this chapter, AS 24.45, AS 24.60.200 - 18 24.60.260, or AS 39.50. 19 (b) A request for an advisory opinion 20 (1) must be in writing or contained in a message submitted by 21 electronic mail; 22 (2) must describe a specific transaction or activity that the requesting 23 person is presently engaged in or intends to undertake in the future; 24 (3) must include a description of all relevant facts, including the 25 identity of the person requesting the advisory opinion; and 26 (4) may not concern a hypothetical situation or the activity of a third 27 party. 28 (c) Within seven days after receiving a request satisfying the requirements of 29 (b) of this section, the executive director of the commission shall recommend a draft 30 advisory opinion for the commission to consider at its next meeting. 31 (d) The approval of a draft advisory opinion requires the affirmative vote of
01 four members of the commission. A draft advisory opinion failing to receive four 02 affirmative votes of the members of the commission is disapproved. 03 (e) A complaint under AS 15.13.380 may not be considered about a person 04 involved in a transaction or activity that 05 (1) was described in an advisory opinion approved under (d) of this 06 section; 07 (2) is indistinguishable from the description of an activity that was 08 approved in an advisory opinion approved under (d) of this section; or 09 (3) was undertaken after the executive director of the commission 10 recommended a draft advisory opinion under (c) of this section and before the 11 commission acted on the draft advisory opinion under (d) of this section, if 12 (A) the draft advisory opinion would have approved the 13 transaction or activity described; and 14 (B) the commission disapproved the draft advisory opinion. 15 (f) Advisory opinion requests and advisory opinions are public records subject 16 to inspection and copying under AS 40.25. 17 * Sec. 17. AS 15.13.380 is repealed and reenacted to read: 18 Sec. 15.13.380. Violations; limitations on actions. (a) Promptly after the 19 final date for filing statements and reports under this chapter, the commission shall 20 notify all persons who have become delinquent in filing them, including contributors 21 who failed to file a statement in accordance with AS 15.13.040, and shall make 22 available a list of those delinquent filers for public inspection. The commission shall 23 also report to the attorney general the names of all candidates in an election whose 24 campaign treasurers have failed to file the reports required by this chapter. 25 (b) A member of the commission, the commission's executive director, or a 26 person who believes a violation of this chapter or a regulation adopted under this 27 chapter has occurred or is occurring may file an administrative complaint with the 28 commission within one year after the date of the alleged violation. If a member of the 29 commission has filed the complaint, that member may not participate as a 30 commissioner in any proceeding of the commission with respect to the complaint. 31 The commission may consider a complaint on an expedited basis or a regular basis.
01 (c) The complainant or the respondent to the complaint may request in writing 02 that the commission expedite consideration of the complaint. A request for expedited 03 consideration must be accompanied by evidence to support expedited consideration 04 and be served on the opposing party. The commission shall grant or deny the request 05 within two days after receiving it. In deciding whether to expedite consideration, the 06 commission shall consider such factors as whether the alleged violation, if not 07 immediately restrained, could materially affect the outcome of an election or other 08 impending event; whether the alleged violation could cause irreparable harm that 09 penalties could not adequately remedy; and whether there is reasonable cause to 10 believe that a violation has occurred or will occur. Notwithstanding the absence of a 11 request to expedite consideration, the commission may independently expedite 12 consideration of the complaint if the commission finds that the standards for expedited 13 consideration set out in this subsection have been met. 14 (d) If the commission expedites consideration, the commission shall hold a 15 hearing on the complaint within two days after granting expedited consideration. Not 16 later than one day after affording the respondent notice and an opportunity to be heard, 17 the commission shall 18 (1) enter an emergency order requiring the violation to be ceased or to 19 be remedied and assess civil penalties under AS 15.13.390 if the commission finds 20 that the respondent has engaged in or is about to engage in an act or practice that 21 constitutes or will constitute a violation of this chapter or a regulation adopted under 22 this chapter; 23 (2) enter an emergency order dismissing the complaint if the 24 commission finds that the respondent has not or is not about to engage in an act or 25 practice that constitutes or will constitute a violation of this chapter or a regulation 26 adopted under this chapter; or 27 (3) remand the complaint to the executive director of the commission 28 for consideration by the commission on a regular rather than an expedited basis. 29 (e) If the commission accepts the complaint for consideration on a regular 30 rather than an expedited basis, the commission shall notify the respondent within 31 seven days after receiving the complaint and shall investigate the complaint. The
01 respondent may answer the complaint by filing a written response with the 02 commission within 15 days after the commission notifies the respondent of the 03 complaint. The commission may grant the respondent additional time to respond to 04 the complaint only for good cause. The commission shall hold a hearing on the 05 complaint not later than 45 days after the respondent's written response is due. Not 06 later than 10 days after the hearing, the commission shall issue its order. If the 07 commission finds that the respondent has engaged in or is about to engage in an act or 08 practice that constitutes or will constitute a violation of this chapter or a regulation 09 adopted under this chapter, the commission shall enter an order requiring the violation 10 to be ceased or to be remedied and shall assess civil penalties under AS 15.13.390. 11 (f) If the complaint involves a challenge to the constitutionality of a statute or 12 regulation, necessary witnesses that are not subject to the commission's subpoena 13 authority, or other issues outside the commission's authority, the commission may 14 request the attorney general to file a complaint in superior court alleging a violation of 15 this chapter. The commission may request the attorney general to file a complaint in 16 superior court to remedy the violation of a commission order. 17 (g) A commission order under (d) or (e) of this section may be appealed to the 18 superior court by either the complainant or respondent within 30 days in accordance 19 with the Alaska Rules of Appellate Procedure. 20 (h) If the commission does not complete action on an administrative complaint 21 within 90 days after the complaint was filed, the complainant may file a complaint in 22 superior court alleging a violation of this chapter by a respondent as described in the 23 administrative complaint filed with the commission. The complainant shall provide 24 copies of the complaint filed in the superior court to the commission and the attorney 25 general. This subsection does not create a private cause of action against the 26 commission; against the commission's members, officers, or employees; or against the 27 state. 28 (i) If a person who was a successful candidate or the campaign treasurer or 29 deputy campaign treasurer of a person who was a successful candidate is convicted of 30 a violation of this chapter, after the candidate is sworn into office, proceedings shall be 31 held and appropriate action taken in accordance with
01 (1) art. II, sec. 12, of the state constitution, if the successful candidate 02 is a member of the state legislature; 03 (2) art. II, sec. 20, of the state constitution, if the successful candidate 04 is governor or lieutenant governor; 05 (3) the provisions of the call for the constitutional convention, if the 06 successful candidate is a constitutional convention delegate; 07 (4) art. IV, sec. 10, of the state constitution, if the successful candidate 08 is a judge. 09 (j) Information developed by the commission under (b) - (e) of this section 10 shall be considered during a proceeding under (i) of this section. 11 (k) If, after a successful candidate is sworn into office, the successful 12 candidate or the campaign treasurer or deputy campaign treasurer of the person who 13 was a successful candidate is charged with a violation of this chapter, the case shall be 14 promptly tried and accorded a preferred position for purposes of argument and 15 decision so as to ensure a speedy disposition of the matter. 16 * Sec. 18. AS 15.13.400(7) is repealed and reenacted to read: 17 (7) "express communication" means a communication that, when read 18 as a whole and with limited reference to outside events, is susceptible of no other 19 reasonable interpretation but as an exhortation to vote for or against a specific 20 candidate; 21 * Sec. 19. AS 15.13.400(15) is repealed and reenacted to read: 22 (15) "political party" means any group that is a political party under 23 AS 15.60.010 and any subordinate unit of that group if, consistent with the rules or 24 bylaws of the political party, the unit conducts or supports campaign operations in a 25 municipality, neighborhood, house district, or precinct; 26 * Sec. 20. AS 24.45.041(b) is amended to read: 27 (7) the identification of a legislator, legislative employee, or public 28 official to whom the lobbyist is married or who is the domestic partner [SPOUSAL 29 EQUIVALENT] of the lobbyist; in this paragraph, "domestic partner [SPOUSAL 30 EQUIVALENT]" has the meaning given in AS 39.50.200(a). 31 * Sec. 21. AS 24.45.041(g) is amended to read:
01 (g) An application for registration as a lobbyist under (a) of this section or for 02 renewal of a registration under (f) of this section is subject to a fee of $250 [$100]. 03 The commission may not accept an application for registration or renew a registration 04 until the fee is paid. This subsection does not apply to a volunteer lobbyist under 05 AS 24.45.161 or a representational lobbyist under regulations of the commission. 06 * Sec. 22. AS 24.45.041 is amended by adding a new subsection to read: 07 (h) Upon request of the commission, information required under this section 08 shall be submitted electronically. 09 * Sec. 23. AS 24.45.051 is amended to read: 10 Sec. 24.45.051. Reports. Each lobbyist registered under AS 24.45.041 shall 11 file with the commission a report concerning the lobbyist's activities during each 12 reporting period prescribed in AS 24.45.081, so long as the lobbyist continues to 13 engage in lobbying activities. The report shall be made on a form prescribed by the 14 commission and filed in accordance with AS 24.45.071 and 24.45.081. Upon request 15 of the commission, information required under this section shall be submitted 16 electronically. The report also must include any changes in the information required 17 to be supplied under AS 24.45.041(b) and the following information for the reporting 18 period, as applicable: 19 (1) the source of income, as defined in AS 39.50.200(a) and the 20 monetary value of all payments, including but not limited to salary, fees, and 21 reimbursement of expenses, received in consideration for or directly or indirectly in 22 support of or in connection with influencing legislative or administrative action, and 23 the full name and complete address of each person from whom amounts or things of 24 value have been received and the total monetary value received from each person; 25 (2) the aggregate amount of disbursements or expenditures made or 26 incurred during the period in support of or in connection with influencing legislative 27 or administrative action by the lobbyist, or on behalf of the lobbyist by the lobbyist's 28 employer in the following categories: 29 (A) food and beverages; 30 (B) living accommodations; 31 (C) travel;
01 (3) the date and nature of any gift exceeding $100 in value made to a 02 public official and the full name and official position of that person; 03 (4) the name and official position of each public official, and the name 04 of each member of the immediate family of any of these officials, with whom the 05 lobbyist has engaged in an exchange of money, goods, services, or anything of more 06 than $100 in value and the nature and date of each of these exchanges and the 07 monetary values exchanged; 08 (5) the name and address of any business entity in which the lobbyist 09 knows or has reason to know that a public official is a proprietor, partner, director, 10 officer or manager, or has a controlling interest, and whom the lobbyist has engaged in 11 an exchange of money, goods, services, or anything of value and the nature and date 12 of each exchange and the monetary value exchanged if the total value of these 13 exchanges is $100 or more in a calendar year; and 14 (6) a notice of termination if the lobbyist has ceased the lobbying 15 activity that required registration under this chapter and if this report constitutes the 16 final report of the lobbyist's activities. 17 * Sec. 24. AS 24.45.061 is amended by adding a new subsection to read: 18 (c) Upon request of the commission, information required under this section 19 shall be submitted electronically. 20 * Sec. 25. AS 24.45.116 is amended to read: 21 Sec. 24.45.116. Disclosure of contributions. A civic league or organization 22 shall report the total amount of contributions received for the reporting period and, for 23 any contribution over $100, the name of the contributor and the amount contributed. 24 The civic league or organization may establish a separate fund to account for receipts 25 and expenditures arising out of activities to influence legislative action. Reports shall 26 be made on a form provided by the commission on February 10, April 25, and July 10 27 of each year, listing contributions received during the period that ended 10 days 28 earlier. Upon request of the commission, information required under this section 29 shall be submitted electronically. 30 * Sec. 26. AS 24.45.171 is amended by adding a new paragraph to read: 31 (13) "commission" means the Alaska Public Offices Commission.
01 * Sec. 27. AS 24.60.070(c) is amended to read: 02 (c) When making a disclosure under (a) of this section concerning a 03 relationship with a lobbyist to whom the legislator or legislative employee is married 04 or who is the legislator's or legislative employee's domestic partner [SPOUSAL 05 EQUIVALENT], the legislator or legislative employee shall also disclose the name 06 and address of each employer of the lobbyist and the total monetary value received by 07 the lobbyist from the lobbyist's employer. The legislator or legislative employee shall 08 report changes in the employer of the spouse or domestic partner [SPOUSAL 09 EQUIVALENT] within 48 hours after the change. In this subsection, "employer of the 10 lobbyist" means the person from whom the lobbyist received amounts or things of 11 value for engaging in lobbying on behalf of the person. 12 * Sec. 28. AS 24.60.080(k) is amended to read: 13 (k) In this section, "immediate family" or "family member" means 14 (1) the spouse of the person; 15 (2) the person's domestic partner [SPOUSAL EQUIVALENT]; 16 (3) a child, including a stepchild and an adoptive child, of the person 17 or of the person's domestic partner [SPOUSAL EQUIVALENT]; 18 (4) a parent, sibling, grandparent, aunt, or uncle of the person; 19 (5) a parent, sibling, grandparent, aunt, or uncle of the person's spouse 20 or the person's domestic partner [SPOUSAL EQUIVALENT]; and 21 (6) a stepparent, stepsister, stepbrother, step-grandparent, step-aunt, or 22 step-uncle of the person, the person's spouse, or the person's domestic partner 23 [SPOUSAL EQUIVALENT]. 24 * Sec. 29. AS 24.60.090(a) is amended to read: 25 (a) An individual who is related to a member of the legislature may not be 26 employed for compensation (1) during the legislative session in the house in which the 27 legislator is a member, (2) by an agency of the legislature established under AS 24.20, 28 (3) in either house during the interim between sessions, or (4), whether for 29 compensation or not, by the committee. An individual who is related to a legislative 30 employee may not be employed in a position over which the employee has supervisory 31 authority. In this subsection, "an individual who is related to" means a member of the
01 legislator's or legislative employee's immediate family or a person who is a legislator's 02 or legislative employee's domestic partner [SPOUSAL EQUIVALENT] living 03 together in a conjugal relationship not a legal marriage with the legislator or legislative 04 employee, and "interim between sessions" means the period beginning on the eighth 05 day after the legislature adjourns from a regular session, and ending eight days before 06 the date that the legislature shall convene under AS 24.05.090. 07 * Sec. 30. AS 24.60.200 is amended to read: 08 Sec. 24.60.200. Financial disclosure by legislators, public members of the 09 committee, and legislative directors. A legislator, a public member of the 10 committee, and a legislative director shall file a disclosure statement, under oath and 11 on penalty of perjury, with the Alaska Public Offices Commission giving the 12 following information about the income received by the discloser, the discloser's 13 spouse or domestic partner [SPOUSAL EQUIVALENT], the discloser's dependent 14 children, and the discloser's nondependent children who are living with the discloser: 15 (1) the information that a public official is required to report under 16 AS 39.50.030, other than information about gifts; 17 (2) as to income in excess of $5,000 [$1,000] received as 18 compensation for personal services, the name and address of the source of the income, 19 and a statement describing the nature of the services performed; if the source of 20 income is known or reasonably should be known to have a substantial interest in 21 legislative, administrative, or political action and the recipient of the income is a 22 legislator or a legislative director, the amount of income received from the source shall 23 be disclosed; 24 (3) as to each loan or loan guarantee over $1,000 from a source with a 25 substantial interest in legislative, administrative, or political action, the name and 26 address of the person making the loan or guarantee, the amount of the loan, the terms 27 and conditions under which the loan or guarantee was given, the amount outstanding 28 at the time of filing, and whether or not a written loan agreement exists. 29 * Sec. 31. AS 24.60.200 is amended by adding a new subsection to read: 30 (b) Upon request of the Alaska Public Offices Commission, the information 31 required under AS 24.60.200 - 24.60.260 shall be submitted electronically.
01 * Sec. 32. AS 24.60.990(a)(5) is amended to read: 02 (5) "immediate family" means 03 (A) the spouse or domestic partner [SPOUSAL 04 EQUIVALENT] of the person; or 05 (B) a parent, child, including a stepchild and an adoptive child, 06 and sibling of a person if the parent, child, or sibling resides with the person, is 07 financially dependent on the person, or shares a substantial financial interest 08 with the person; 09 * Sec. 33. AS 24.60.990(a) is amended by adding a new paragraph to read: 10 (17) "domestic partner" means a person who is cohabiting with another 11 person in a relationship that is like a marriage but that is not a legal marriage. 12 * Sec. 34. AS 39.50.030(b) is amended to read: 13 (b) Each [EXCEPT AS PROVIDED IN (g) OF THIS SECTION, EACH] 14 statement filed by a public official or candidate under this chapter must include the 15 following: 16 (1) the source of all income over $5,000 [$1,000] during the preceding 17 calendar year, including taxable and nontaxable capital gains, received by the person, 18 the person's spouse or domestic partner [SPOUSAL EQUIVALENT], or the person's 19 dependent child, except that a source of income that is a gift must be included if the 20 value of the gift exceeds $250; 21 (2) the identity, by name and address, of each business in which the 22 person, the person's spouse or domestic partner [SPOUSAL EQUIVALENT], or the 23 person's dependent child has an interest or was a stockholder, owner, officer, 24 director, partner, proprietor, or employee during the preceding calendar year, except 25 that an interest of less than $5,000 in the stock of a publicly traded corporation 26 need not be included; 27 (3) [THE IDENTITY AND NATURE OF EACH INTEREST 28 OWNED IN ANY BUSINESS DURING THE PRECEDING CALENDAR YEAR 29 BY THE PERSON, THE PERSON'S SPOUSE OR SPOUSAL EQUIVALENT, OR 30 THE PERSON'S CHILD; 31 (4)] the identity and nature of each interest in real property, including
01 an option to buy, owned at any time during the preceding calendar year by the person, 02 the person's spouse or domestic partner [SPOUSAL EQUIVALENT], or the person's 03 dependent child; 04 (4) [(5)] the identity of each trust or other fiduciary relation in which 05 the person, the person's spouse or domestic partner [SPOUSAL EQUIVALENT], or 06 the person's dependent child held a beneficial interest exceeding $5,000 [$1,000] 07 during the preceding calendar year, a description and identification of the property 08 contained in each trust or relation, and the nature and extent of the beneficial interest 09 in it; 10 (5) [(6)] any loan or loan guarantee of more than $5,000 [$1,000] made 11 to the person, the person's spouse or domestic partner [SPOUSAL EQUIVALENT], 12 or the person's dependent child, and the identity of the maker of the loan or loan 13 guarantor and the identity of each creditor to whom the person, the person's spouse or 14 domestic partner [SPOUSAL EQUIVALENT], or the person's dependent child 15 owed more than $5,000 [$1,000]; this paragraph requires disclosure of a loan, loan 16 guarantee, or indebtedness only if the loan or guarantee was made, or the indebtedness 17 incurred, during the preceding calendar year, or if the amount still owing on the loan, 18 loan guarantee, or indebtedness was more than $5,000 [$1,000] at any time during the 19 preceding calendar year; 20 (6) [(7)] a list of all contracts and offers to contract with the state or an 21 instrumentality of the state during the preceding calendar year held, bid, or offered by 22 the person, the person's spouse or domestic partner [SPOUSAL EQUIVALENT], or 23 the person's dependent child, a partnership or professional corporation of which the 24 person is a member, or a corporation in which the person or the person's spouse, 25 domestic partner [SPOUSAL EQUIVALENT], or dependent children, or a 26 combination of them, hold a controlling interest; and 27 (7) [(8)] a list of all mineral, timber, oil, or any other natural resource 28 lease held, or lease offer made, during the preceding calendar year by the person, the 29 person's spouse or domestic partner [SPOUSAL EQUIVALENT], or the person's 30 dependent child, a partnership or professional corporation of which the person is a 31 member, or a corporation in which the person or the person's spouse or domestic
01 partner [SPOUSAL EQUIVALENT] or dependent children, or a combination of 02 them, holds a controlling interest. 03 * Sec. 35. AS 39.50.030(f) is amended to read: 04 (f) When making a disclosure under (d) of this section concerning a 05 relationship with a lobbyist to whom the public official is married or who is the public 06 official's domestic partner [SPOUSAL EQUIVALENT], the public official shall also 07 disclose the name and address of each employer of the lobbyist and the total monetary 08 value received from the lobbyist's employer. The public official shall report changes 09 in the employers of the spouse or domestic partner [SPOUSAL EQUIVALENT] 10 within 48 hours after the change. In this subsection, "employer of the lobbyist" means 11 the person from whom the lobbyist received money, or goods or services having a 12 monetary value, for engaging in lobbying on behalf of the person. 13 * Sec. 36. AS 39.50.050(a) is amended to read: 14 (a) The Alaska Public Offices Commission created under AS 15.13.020(a) 15 shall administer the provisions of this chapter. The commission shall prepare and 16 keep available for distribution [,] standardized forms on which the reports required by 17 this chapter shall be filed. Upon request of the commission, the information 18 required under this chapter shall be submitted electronically. 19 * Sec. 37. AS 39.50.090(a) is amended to read: 20 (a) A public official may not use the official position or office for the primary 21 purpose of obtaining personal financial gain or financial gain for a spouse, dependent 22 child, mother, father, or business with which the official is associated or in which the 23 official owns stock. A public official other than an elected or appointed municipal 24 official may not use the official's position or office for the primary purpose of 25 obtaining financial gain for the official's domestic partner [SPOUSAL 26 EQUIVALENT]. 27 * Sec. 38. AS 39.50.090(b) is amended to read: 28 (b) A person may not offer or pay to a public official, and a public official 29 may not solicit or receive money for legislative advice or assistance, or for advice or 30 assistance given in the course of the official's public employment or relating to the 31 public employment. However, this prohibition does not apply to a chair
01 [CHAIRMAN] or member of a state commission or board or municipal officer if the 02 subject matter of the legislative advice or assistance is not related directly to the 03 function of the commission, board, or municipal body served by the municipal officer; 04 this exception from the general prohibition does not apply to one whose service on a 05 state commission or board constitutes the person as a full-time state employee under 06 this title [AS 39]. 07 * Sec. 39. AS 39.50.200(a)(9) is amended to read: 08 (9) "source of income" means the entity for which service is performed 09 or that [WHICH] is otherwise the origin of payment; if the person whose income is 10 being reported is employed by another, the employer is the source of income; but if 11 the person is self-employed by means of a sole proprietorship, partnership, 12 professional corporation, or a corporation in which the person, the person's spouse or 13 domestic partner [SPOUSAL EQUIVALENT], or the person's dependent children, 14 or a combination of them, hold a controlling interest, the "source" is the client or 15 customer of the proprietorship, partnership, or corporation, but, if the entity that 16 [WHICH] is the origin of payment is not the same as the client or customer for whom 17 the service is performed, both are considered the source; 18 * Sec. 40. AS 39.50.200(a) is amended by adding a new paragraph to read: 19 (11) "domestic partner" means a person who is cohabiting with another 20 person in a relationship that is like a marriage but that is not a legal marriage. 21 * Sec. 41. AS 24.60.990(a)(15); AS 39.50.030(h)(1), and 39.50.200(a)(10) are repealed. 22 * Sec. 42. The uncodified law of the State of Alaska is amended by adding a new section to 23 read: 24 TRANSITION: REGULATIONS. Notwithstanding sec. 44 of this Act, the Alaska 25 Public Offices Commission may proceed to adopt regulations necessary to implement the 26 changes made by this Act. The regulations take effect under AS 44.62 (Administrative 27 Procedure Act), but not before the effective date of the statutory change. 28 * Sec. 43. The uncodified law of the State of Alaska is amended by adding a new section to 29 read: 30 REPORT TO LEGISLATURE. The Alaska Public Offices Commission shall analyze 31 the effect of this Act on the elections in 2004 and shall provide a written report no later than
01 January 15, 2005 to the President of the Senate, Speaker of the House, Senate Minority 02 Leader, and the House Minority Leader. 03 * Sec. 44. Section 42 of this Act takes effect immediately under AS 01.10.070(c). 04 * Sec. 45. Except as provided in sec. 44 of this Act, this Act takes effect July 1, 2003.