SB 115: "An Act establishing the Public Integrity Commission of Alaska; repealing the Alaska Public Offices Commission; making conforming amendments; eliminating a reporting requirement for persons making campaign contributions to certain groups; relating to the interpretation of a written instrument used to make a campaign contribution; allowing the expenditure of campaign funds by charitable donation before an election; requiring the Public Integrity Commission of Alaska and persons who file complaints with the commission to maintain the confidentiality of certain proceedings, documents, and information; relating to certain reports filed with the Public Integrity Commission of Alaska; relating to requirements for recipients of contributions intended for candidates in state election campaigns; reducing the information that must be disclosed in certain campaign communications; amending the definition of 'contribution' for the purposes of state election campaigns; reducing the penalties for violations of state election campaign laws; providing that certain advisory opinions may be appealed to the superior court; and providing for an effective date."
00 SENATE BILL NO. 115 01 "An Act establishing the Public Integrity Commission of Alaska; repealing the Alaska 02 Public Offices Commission; making conforming amendments; eliminating a reporting 03 requirement for persons making campaign contributions to certain groups; relating to 04 the interpretation of a written instrument used to make a campaign contribution; 05 allowing the expenditure of campaign funds by charitable donation before an election; 06 requiring the Public Integrity Commission of Alaska and persons who file complaints 07 with the commission to maintain the confidentiality of certain proceedings, documents, 08 and information; relating to certain reports filed with the Public Integrity Commission 09 of Alaska; relating to requirements for recipients of contributions intended for 10 candidates in state election campaigns; reducing the information that must be disclosed 11 in certain campaign communications; amending the definition of 'contribution' for the 12 purposes of state election campaigns; reducing the penalties for violations of state
01 election campaign laws; providing that certain advisory opinions may be appealed to the 02 superior court; and providing for an effective date." 03 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 04 * Section 1. AS 15.13.020 is repealed and reenacted to read: 05 Sec. 15.13.020. Public Integrity Commission of Alaska. (a) The Public 06 Integrity Commission of Alaska is created in the Department of Administration. The 07 commission consists of nine members. Subject to (b) of this section, the governor shall 08 appoint the members of the commission in the manner prescribed in (c) and (d) of this 09 section, subject to confirmation by a majority of the members of the legislature 10 meeting in joint session. 11 (b) To be eligible for appointment to the commission under (c) of this section, 12 a person shall 13 (1) have served as a candidate or public official subject to this chapter; 14 (2) have served as a campaign treasurer for a candidate or group 15 subject to this chapter; or 16 (3) be an attorney licensed to practice in the state, or a person retired 17 from the practice of law in the state, who has substantial experience representing 18 persons in administrative or court proceedings relating to the application of this 19 chapter, AS 24.45, or AS 24.60. 20 (c) The governor shall appoint three members of each of the two political 21 parties with the largest number of registered voters in the state on the date of the most 22 recent preceding general election at which a governor was elected. The governor shall 23 select the three appointees from each of those two parties from a list of six names 24 submitted by the central committee of each party. 25 (d) The six members selected under (c) of this section shall, by a majority 26 vote, nominate to the governor three individuals qualified under AS 39.05.100 to serve 27 as the other members of the commission. The governor shall either appoint each 28 nominee to the commission or shall reject a nominee or nominees and request that the 29 members appointed under (c) of this section nominate another individual or 30 individuals to serve as the other members of the commission.
01 (e) Members of the commission serve staggered terms of three years or until a 02 successor is appointed and qualified. The terms shall be staggered so that the terms of 03 one member of each political party appointed under (c) of this section and the term of 04 one member appointed under (d) of this section expire in the same year. A member 05 may not serve more than two terms. However, a person appointed to fill the unexpired 06 term of a predecessor may be appointed to two successive full three-year terms. 07 (f) A member of the commission, during tenure, may not 08 (1) hold or campaign for elective office; or 09 (2) lobby or employ a lobbyist. 10 (g) A member of the commission may serve as an officer of a political party, 11 political committee, or group and may represent, as counsel, a person appearing before 12 the commission. However, a member may not participate, as a member of the 13 commission, in a proceeding before a hearing panel of the commission that involves a 14 party for which the member serves, or has served, as an officer or serves, or has 15 served, as counsel. A member who may not participate, as a member of the 16 commission, in a proceeding under this subsection shall declare that the member has a 17 conflict, and, if the proceeding is one that has been assigned to a hearing panel under 18 AS 15.13.025, the executive director of the commission shall replace that member 19 with another member who is qualified to serve on the panel under AS 15.13.025. 20 (h) Members of the commission receive compensation of $50 a day while 21 attending commission meetings and are entitled to travel expenses and per diem 22 authorized by law for members of other boards and commissions. 23 (i) The members of the commission shall elect a chair by majority vote. The 24 commission shall vote on administrative, personnel, and other actions of the 25 commission. Matters assigned to a hearing panel shall be decided by the hearing panel 26 as provided in AS 15.13.025. Except as provided in (k) of this section and in 27 AS 15.13.025, five members are needed for a quorum, and the affirmative votes of 28 five members are necessary to take action. A vacancy does not impair the powers of 29 the remaining members to exercise all of the powers of the commission. 30 (j) A vacancy on the commission shall be filled through the appropriate 31 appointing method for the position within 30 days after the vacancy occurs. Except as
01 provided in AS 39.05.080(4) or unless reappointed under (e) of this section, the 02 appointee shall serve for the remaining term of the appointee's predecessor. 03 (k) The commission shall employ an executive director and other employees it 04 considers necessary. Notwithstanding (i) of this section, the hiring or removal of an 05 executive director or other employee by the commission must be approved by the 06 votes of at least six members. Except as provided in (g) of this section, neither the 07 executive director nor an employee of the commission may have a vote. 08 (l) The commission may establish regional offices. However, candidates, 09 groups, and individuals shall file all reports required under this chapter, AS 24.45, and 10 AS 39.50 directly with the commission's central district office. 11 (m) The commission shall ensure that copies of all reports are readily 12 available on the commission's Internet website. The commission shall also mail or 13 transmit reports electronically upon request. 14 * Sec. 2. AS 15.13 is amended by adding a new section to read: 15 Sec. 15.13.025. Hearing panels of the commission. (a) The executive director 16 of the commission shall assign each of the following matters to a hearing panel 17 impaneled under this section 18 (1) a request for an advisory opinion as to the application of this 19 chapter, AS 24.45, AS 24.60.200 - 24.60.260, or AS 39.50; 20 (2) a complaint filed under this chapter, AS 24.45, or AS 39.50; or 21 (3) a violation, or alleged violation, of this chapter, AS 24.45, or 22 AS 39.50. 23 (b) Except as provided in (f) of this section, each hearing panel shall be 24 composed of three members of the commission. The members of the panel shall be 25 randomly assigned to the panel by the executive director of the commission, subject to 26 the requirement that each panel have 27 (1) two members appointed under AS 15.13.020(c), each nominated by 28 a different political party; and 29 (2) one member appointed under AS 15.13.020(d). 30 (c) If a member of the commission who is assigned to serve on a hearing panel 31 under (b) of this section has a conflict of interest relating to a person or matter before
01 the panel, that member shall immediately declare the conflict to the executive director 02 of the commission, and the director shall select another member who is qualified to 03 serve on the panel under (b) of this section. If the commission is addressing a 04 complaint, and a member has filed the complaint, that member may not participate on 05 the hearing panel assigned the complaint. As soon as a hearing panel without declared 06 conflicts is impaneled and assigned, the commission shall provide the parties to appear 07 before the hearing panel with a list of the members on the panel. 08 (d) One member assigned to serve on a hearing panel under (a) of this section 09 may be peremptorily disqualified from serving on the hearing panel. To peremptorily 10 disqualify a member from serving on a hearing panel, a person requesting an advisory 11 opinion under AS 15.13.374, a respondent under AS 15.13.390, or a complainant or 12 respondent under AS 15.13.380 shall file a written peremptory challenge with the 13 commission within five days after receipt of the list of panel members. If a hearing 14 panel is assigned a complaint under AS 15.13.380, and the complaint involves the 15 activities of more than one person, the executive director may permit each person 16 responding to the complaint to peremptorily disqualify one member from serving on 17 the panel. 18 (e) One additional member of the commission assigned to a hearing panel may 19 be challenged for cause by a person appearing before the panel. If the challenge for 20 cause is upheld under this subsection by one of the members assigned to the panel 21 under (b) of this section, the challenged member shall be disqualified. A member may 22 be disqualified for the following causes: 23 (1) bias in favor of or against a person or the person's counsel; 24 (2) having filed a complaint under this section that involved a person 25 before the panel; 26 (3) being a witness in the proceeding; 27 (4) having a financial interest in the outcome of the proceeding; or 28 (5) another good cause. 29 (f) Notwithstanding (b) of this section, if all three members nominated by a 30 single political party under AS 15.13.020(c), or all three members appointed under 31 AS 15.13.020(d), are unable to serve on a hearing panel due to a conflict or
01 disqualification under (c) - (e) of this section, the hearing panel for that proceeding 02 shall be composed of the two other members assigned to the hearing panel under (b) of 03 this section. 04 (g) Action in a proceeding under (a) of this section may be taken by the 05 affirmative vote of two members of a hearing panel. 06 (h) A decision of a hearing panel in a proceeding under (a) of this section is a 07 final decision of the commission. 08 * Sec. 3. AS 15.13.030 is amended to read: 09 Sec. 15.13.030. Duties of the commission. The commission shall 10 (1) develop and provide all forms for the reports and statements 11 required to be made under this chapter, AS 24.45, and AS 39.50; 12 (2) prepare and publish a manual setting out uniform methods of 13 bookkeeping and reporting for use by persons required to make reports and statements 14 under this chapter and otherwise assist all persons in complying with the requirements 15 of this chapter; 16 (3) receive and hold open for public inspection reports and statements 17 required to be made under this chapter and, upon request, furnish copies at cost to 18 interested persons; 19 (4) compile and maintain a current list of all filed reports and 20 statements; 21 (5) prepare a summary of each report filed under AS 15.13.110 and 22 make copies of this summary available to interested persons at their actual cost; 23 (6) notify, by registered or certified mail, all persons who are 24 delinquent in filing reports and statements required to be made under this chapter; 25 (7) examine, investigate, and compare all reports, statements, and 26 actions required by this chapter, AS 24.45, and AS 39.50; 27 (8) prepare and publish a biennial report concerning the activities of 28 the commission, the effectiveness of this chapter, its enforcement by the attorney 29 general's office, and recommendations and proposals for change; the commission shall 30 notify the legislature that the report is available; 31 (9) adopt regulations necessary to implement and clarify the provisions
01 of AS 24.45, AS 39.50, and this chapter, subject to the provisions of AS 44.62 02 (Administrative Procedure Act); [AND] 03 (10) consider a written request for an advisory opinion concerning the 04 application of this chapter, AS 24.45, AS 24.60.200 - 24.60.260, or AS 39.50; and 05 (11) ensure that all persons appearing before the commission 06 receive a hearing before an impartial and unbiased hearing panel under 07 AS 15.13.025. 08 * Sec. 4. AS 15.13 is amended by adding a new section to read: 09 Sec. 15.13.066. Confidentiality of complaints. (a) Unless confidentiality has 10 been waived by the person who is the subject of the complaint, the existence of a 11 complaint, the investigation, and the proceedings of the commission relating to an 12 investigation or other proceeding conducted under AS 15.13.045 concerning an 13 alleged violation of this chapter, AS 24.45, AS 24.60.200 - 24.60.260, or AS 39.50 are 14 confidential unless and until the commission determines a violation has occurred. 15 Hearings of the commission relating to the alleged violation are closed to the public 16 unless and until the commission determines a violation has occurred. Documents 17 produced or disclosed as a result of the investigation or the proceedings are 18 confidential and are not subject to public inspection under AS 40.25.110 - 40.25.140 19 unless and until the commission determines a violation has occurred. A member or 20 employee of the commission may not make an unauthorized disclosure of information 21 that is made confidential under this section and that the member or employee acquired 22 in the course of official duties. A person who violates this subsection may be subject 23 to prosecution under AS 11.56.860 or another law. The person who is the subject of 24 the complaint may waive the confidentiality requirements of this subsection. 25 (b) Unless the confidentiality requirements of (a) of this section have been 26 waived by the person who is the subject of a complaint, a person who files a complaint 27 with the commission alleging a violation of this chapter, AS 24.45, AS 24.60.200 - 28 24.60.260, or AS 39.50 shall keep confidential the filing of the complaint and the 29 information in the complaint unless and until the commission has determined the facts 30 alleged in the complaint constitute a violation. If the commission finds that the person 31 who filed the complaint has violated the requirement of this subsection, the
01 commission shall immediately dismiss the complaint. Dismissal of a complaint under 02 this subsection does not affect the right of the commission or a person other than the 03 person who filed the complaint to initiate a complaint based on the same factual 04 allegations. 05 * Sec. 5. AS 15.13.074(b) is amended to read: 06 (b) A person or group may not make a contribution anonymously, using a 07 fictitious name, or using the name of another. A contribution shall be presumed to 08 be made by the person whose name appears on the written instrument 09 transmitting the funds. 10 * Sec. 6. AS 15.13.090(c) is amended to read: 11 (c) To satisfy the requirements of (a)(1) of this section [AND, IF 12 APPLICABLE, (a)(2)(C) OF THIS SECTION], a communication that includes a print 13 or video component must have the following statement [OR STATEMENTS] placed 14 in the communication so as to be easily discernible [; THE SECOND STATEMENT 15 IS NOT REQUIRED IF THE PERSON PAYING FOR THE COMMUNICATION 16 HAS NO CONTRIBUTORS OR IS A POLITICAL PARTY]: This communication 17 was paid for by (person's name and city and state of principal place of business). [THE 18 TOP CONTRIBUTORS OF (PERSON'S NAME) ARE (THE NAME AND CITY 19 AND STATE OF RESIDENCE OR PRINCIPAL PLACE OF BUSINESS, AS 20 APPLICABLE, OF THE LARGEST CONTRIBUTORS TO THE PERSON UNDER 21 AS 15.13.090(a)(2)(C)).] 22 * Sec. 7. AS 15.13.090(d) is amended to read: 23 (d) Notwithstanding the requirements of (a) of this section, in a 24 communication transmitted through radio or other audio media and in a 25 communication that includes an audio component, the following statement 26 [STATEMENTS] must be read in a manner that is easily heard [; THE SECOND 27 STATEMENT IS NOT REQUIRED IF THE PERSON PAYING FOR THE 28 COMMUNICATION HAS NO CONTRIBUTORS OR IS A POLITICAL PARTY]: 29 This communication was paid for by (person's name). [THE TOP CONTRIBUTORS 30 OF (PERSON'S NAME) ARE (THE NAME OF THE LARGEST CONTRIBUTORS 31 TO THE PERSON UNDER AS 15.13.090(a)(2)(C)).]
01 * Sec. 8. AS 15.13.112 is amended by adding a new subsection to read: 02 (d) Notwithstanding (a) - (c) of this section, campaign contributions held by a 03 candidate or group may be donated to an organization qualified as a charitable 04 organization under 26 U.S.C. 501(c)(3) if the organization is not controlled by the 05 candidate or a member of the candidate's immediate family. 06 * Sec. 9. AS 15.13.374(c) is amended to read: 07 (c) Within seven days after receiving a request satisfying the requirements of 08 (b) of this section, the executive director of the commission shall assign a hearing 09 panel of the commission, impaneled under AS 15.13.025, to consider 10 [RECOMMEND] a draft advisory opinion. The hearing panel shall meet to 11 approve, disapprove, or modify a draft opinion within 90 days after the 12 commission receives the request [FOR THE COMMISSION TO CONSIDER AT 13 ITS NEXT MEETING]. 14 * Sec. 10. AS 15.13.374(d) is amended to read: 15 (d) The approval or modification of a draft advisory opinion requires the 16 affirmative vote of two commissioners on a hearing panel [FOUR MEMBERS OF 17 THE COMMISSION]. A draft advisory opinion failing to receive two [FOUR] 18 affirmative votes of the commissioners on the hearing panel [MEMBERS OF THE 19 COMMISSION] is disapproved. 20 * Sec. 11. AS 15.13.374(e) is amended to read: 21 (e) A complaint under AS 15.13.380 may not be considered about a person 22 involved in a transaction or activity that 23 (1) was described in an advisory opinion approved under (d) of this 24 section; 25 (2) is indistinguishable from the description of an activity that was 26 approved in an advisory opinion approved under (d) of this section; or 27 (3) was undertaken after the executive director of the commission 28 assigned [RECOMMENDED] a draft advisory opinion under (c) of this section and 29 before a hearing panel [THE COMMISSION] acted on the draft advisory opinion 30 under (d) of this section, if 31 (A) the draft advisory opinion would have approved the
01 transaction or activity described; and 02 (B) the hearing panel [COMMISSION] disapproved or 03 modified the draft advisory opinion. 04 * Sec. 12. AS 15.13.374 is amended by adding a new subsection to read: 05 (g) An advisory opinion provided under this section may be appealed to the 06 superior court under AS 44.62.560. 07 * Sec. 13. AS 15.13.380(a) is amended to read: 08 (a) Promptly after the final date for filing statements and reports under this 09 chapter, the commission shall notify all persons who have become delinquent in filing 10 them [, INCLUDING CONTRIBUTORS WHO FAILED TO FILE A STATEMENT 11 IN ACCORDANCE WITH AS 15.13.040,] and shall make available a list of those 12 delinquent filers for public inspection. The commission shall also report to the 13 attorney general the names of all candidates in an election whose campaign treasurers 14 have failed to file the reports required by this chapter. 15 * Sec. 14. AS 15.13.380(b) is amended to read: 16 (b) A person who believes a violation of this chapter or a regulation adopted 17 under this chapter has occurred or is occurring may file an administrative complaint 18 with the commission within five years after the date of the alleged violation. Within 19 three days after receiving a complaint, the executive director of the commission 20 shall assign it to a hearing panel under AS 15.13.025. If a member of the 21 commission has filed the complaint, that member shall declare a conflict under 22 AS 15.13.025(c) and may not participate as a member of the commission 23 [COMMISSIONER] in any proceeding of the commission with respect to the 24 complaint. The hearing panel [COMMISSION] may consider a complaint on an 25 expedited basis or a regular basis. 26 * Sec. 15. AS 15.13.380(c) is amended to read: 27 (c) The complainant or the respondent to the complaint may request in writing 28 that the hearing panel [COMMISSION] expedite consideration of the complaint. A 29 request for expedited consideration must be accompanied by evidence to support 30 expedited consideration and be served on the opposing party. The hearing panel 31 assigned the complaint [COMMISSION] shall grant or deny the request within two
01 days after receiving it. In deciding whether to expedite consideration, the hearing 02 panel [COMMISSION] shall consider such factors as whether the alleged violation, if 03 not immediately restrained, could materially affect the outcome of an election or other 04 impending event; whether the alleged violation could cause irreparable harm that 05 penalties could not adequately remedy; and whether there is reasonable cause to 06 believe that a violation has occurred or will occur. Notwithstanding the absence of a 07 request to expedite consideration, the hearing panel [COMMISSION] may 08 independently expedite consideration of the complaint if the hearing panel 09 [COMMISSION] finds that the standards for expedited consideration set out in this 10 subsection have been met. 11 * Sec. 16. AS 15.13.380(d) is amended to read: 12 (d) If the hearing panel [COMMISSION] expedites consideration, the 13 hearing panel [COMMISSION] shall hold a hearing on the complaint within two 14 days after granting expedited consideration. Not later than one day after affording the 15 respondent notice and an opportunity to be heard, the hearing panel [COMMISSION] 16 shall 17 (1) enter an emergency order requiring the violation to be ceased or to 18 be remedied and assess civil penalties under AS 15.13.390 if the hearing panel 19 [COMMISSION] finds that the respondent has engaged in or is about to engage in an 20 act or practice that constitutes or will constitute a violation of this chapter or a 21 regulation adopted under this chapter; 22 (2) enter an emergency order dismissing the complaint if the hearing 23 panel [COMMISSION] finds that the respondent has not or is not about to engage in 24 an act or practice that constitutes or will constitute a violation of this chapter or a 25 regulation adopted under this chapter; or 26 (3) remand the complaint to the executive director of the commission 27 for consideration by the hearing panel [COMMISSION] on a regular rather than an 28 expedited basis. 29 * Sec. 17. AS 15.13.380(e) is amended to read: 30 (e) If the hearing panel [COMMISSION] accepts the complaint for 31 consideration on a regular rather than an expedited basis, the commission shall notify
01 the respondent within seven days after receiving the complaint and shall investigate 02 the complaint. The respondent may answer the complaint by filing a written response 03 with the commission within 15 days after the commission notifies the respondent of 04 the complaint. The hearing panel [COMMISSION] may grant the respondent 05 additional time to respond to the complaint only for good cause. The hearing panel 06 [COMMISSION] shall hold a hearing on the complaint not later than 45 days after the 07 respondent's written response is due. Not later than 10 days after the hearing, the 08 hearing panel [COMMISSION] shall issue its order. If the hearing panel 09 [COMMISSION] finds that the respondent has engaged in or is about to engage in an 10 act or practice that constitutes or will constitute a violation of this chapter or a 11 regulation adopted under this chapter, the hearing panel [COMMISSION] shall enter 12 an order requiring the violation to be ceased or to be remedied and shall assess civil 13 penalties under AS 15.13.390. 14 * Sec. 18. AS 15.13.380(f) is amended to read: 15 (f) If the complaint involves a challenge to the constitutionality of a statute or 16 regulation, necessary witnesses that are not subject to the commission's subpoena 17 authority, or other issues outside the commission's authority, the hearing panel 18 [COMMISSION] may request the attorney general to file a complaint in superior court 19 alleging a violation of this chapter. The hearing panel [COMMISSION] may request 20 the attorney general to file a complaint in superior court to remedy the violation of a 21 commission order. 22 * Sec. 19. AS 15.13.380(g) is amended to read: 23 (g) An [A COMMISSION] order under (d) or (e) of this section is a final 24 decision of the commission and may be appealed to the superior court by either the 25 complainant or respondent within 30 days in accordance with the Alaska Rules of 26 Appellate Procedure. 27 * Sec. 20. AS 15.13.380(h) is amended to read: 28 (h) If the hearing panel [COMMISSION] does not complete action on an 29 administrative complaint within 90 days after the complaint was filed, the complainant 30 or respondent may file a complaint in superior court alleging a violation of this 31 chapter [BY A RESPONDENT AS DESCRIBED IN THE ADMINISTRATIVE
01 COMPLAINT FILED WITH THE COMMISSION]. The complainant or respondent 02 shall provide copies of the complaint filed in the superior court to the commission and 03 the attorney general. This subsection does not create a private cause of action against 04 the commission; the hearing panel; against the commission's members, officers, or 05 employees; or against the state. 06 * Sec. 21. AS 15.13.390(a) is amended to read: 07 (a) Subject to (g) of this section, a [A] person who fails to register when 08 required by AS 15.13.050(a) or who fails to file a properly completed and certified 09 report within the time required by AS 15.13.060(b) - (d) [AS 15.13.040, 15.13.060(b) 10 - (d)], 15.13.110(a)(1), (3), or (4), (e), or (f) is subject to a civil penalty of not more 11 than $50 a day for each day the delinquency continues as determined by the 12 commission subject to right of appeal to the superior court. Subject to (g) of this 13 section, a [A] person who fails to file a properly completed and certified report within 14 the time required by AS 15.13.110(a)(2) or 15.13.110(b) is subject to a civil penalty of 15 not more than $500 a day for each day the delinquency continues before the date of 16 the relevant election and $50 dollars a day for each day the delinquency 17 continues on and after the date of that election as determined by the commission 18 subject to right of appeal to the superior court. A person who violates a provision of 19 this chapter, except a provision requiring registration or filing of a report within a time 20 required as otherwise specified in this section, is subject to a civil penalty of not more 21 than $50 a day for each day the violation continues as determined by the commission, 22 subject to right of appeal to the superior court. An affidavit stating facts in mitigation 23 may be submitted to the commission by a person against whom a civil penalty is 24 assessed. However, the imposition of the penalties prescribed in this section or in 25 AS 15.13.380 does not excuse that person from registering or filing reports required 26 by this chapter. 27 * Sec. 22. AS 15.13.390(b) is amended to read: 28 (b) When an administrative complaint has been filed under AS 15.13.380, the 29 hearing panel assigned to the complaint under AS 15.13.025 [COMMISSION] 30 shall give the respondent due notice and an opportunity to be heard. Subject to (g) of 31 this section, if [IF], at the conclusion of the hearing, the hearing panel assigned to
01 the complaint [COMMISSION] determines that the respondent engaged in the 02 alleged violation, the commission shall assess 03 (1) civil penalties under (a) of this section; and 04 (2) the commission's costs of investigation and adjudication [; AND 05 (3) REASONABLE ATTORNEY FEES]. 06 * Sec. 23. AS 15.13.390(c) is amended to read: 07 (c) The hearing panel's [COMMISSION'S] determination under (b) of this 08 section is a final decision of the commission and may be appealed to the superior 09 court under AS 44.62 (Administrative Procedure Act). 10 * Sec. 24. AS 15.13.390(e) is amended to read: 11 (e) If the hearing panel assigned under AS 15.13.025 [COMMISSION] or 12 superior court finds that the violation was not a repeat violation or was not part of a 13 series or pattern of violations, was inadvertent, was quickly corrected, and had no 14 adverse effect on the campaign of another, the hearing panel [COMMISSION] or the 15 court may 16 (1) suspend imposition of the penalties; and 17 (2) order the penalties set aside if the person does not engage in a 18 similar violation for a period of one year. 19 * Sec. 25. AS 15.13.390 is amended by adding a new subsection to read: 20 (g) Notwithstanding the penalties prescribed by (a) of this section, 21 (1) the amount of a penalty levied under this section may not exceed 22 five times the amount of the funds, or value of the services, that are unreported, 23 improperly reported, or not timely reported; and 24 (2) daily penalties may not be assessed for a continuing delinquency or 25 violation on or after the earlier of the date 26 (A) a complaint alleging the delinquency or violation is filed 27 with the commission under AS 15.13.380; or 28 (B) the commission begins an investigation of the delinquency 29 or violation. 30 * Sec. 26. AS 15.13.400(2) is amended to read: 31 (2) "commission" means the Public Integrity Commission of Alaska,
01 or a hearing panel of the commission impaneled under AS 15.13.025 [PUBLIC 02 OFFICES COMMISSION]; 03 * Sec. 27. AS 15.13.400(4) is amended to read: 04 (4) "contribution" 05 (A) means a purchase, payment, promise or obligation to pay, 06 loan or loan guarantee, deposit or gift of money, goods, or services for which 07 charge is ordinarily made, and includes the payment by a person other than a 08 candidate or political party, or compensation for the personal services of 09 another person, that is rendered to the candidate or political party, and that is 10 made for the purpose of 11 (i) influencing the nomination or election of a 12 candidate; 13 (ii) influencing a ballot proposition or question; or 14 (iii) supporting or opposing an initiative proposal 15 application filed with the lieutenant governor under AS 15.45.020; 16 (B) does not include 17 (i) services provided without compensation by 18 individuals volunteering a portion or all of their time on behalf of a 19 political party, candidate, or ballot proposition or question; 20 (ii) ordinary hospitality in a home; 21 (iii) two or fewer mass mailings before each election by 22 each political party describing the party's slate of candidates for 23 election, which may include photographs, biographies, and information 24 about the party's candidates; 25 (iv) the results of a poll limited to issues and not 26 mentioning any candidate, unless the poll was requested by or designed 27 primarily to benefit the candidate; 28 (v) any communication in the form of a newsletter from 29 a legislator to the legislator's constituents, except a communication 30 expressly advocating the election or defeat of a candidate or a 31 newsletter or material in a newsletter that is clearly only for the private
01 benefit of a legislator or a legislative employee; 02 (vi) a fundraising list provided without compensation 03 by one candidate or political party to a candidate or political party; 04 [OR] 05 (vii) an opportunity to participate in a candidate forum 06 provided to a candidate without compensation to the candidate by 07 another person and for which a candidate is not ordinarily charged; 08 (viii) if a candidate forum is open to all candidates 09 running for a particular office and if all participating candidates' 10 costs are treated equally, payment of a candidate's costs relating to 11 the candidate's participation in the forum, including the 12 candidate's costs of travel and lodging for the event; or 13 (ix) if a candidate forum is open to all candidates 14 running for a particular office and if the same opportunity is 15 presented to all candidates that participate in the forum, the 16 publication, broadcast, or webcast of a candidate's participation in 17 the forum; 18 * Sec. 28. AS 15.13.400(6) is amended to read: 19 (6) "expenditure" 20 (A) means a purchase or a transfer of money or anything of 21 value, or promise or agreement to purchase or transfer money or anything of 22 value, incurred or made for the purpose of 23 (i) influencing the nomination or election of a candidate 24 or of any individual who files for nomination at a later date and 25 becomes a candidate; 26 (ii) use by a political party; 27 (iii) the payment by a person other than a candidate or 28 political party of compensation for the personal services of another 29 person that are rendered to a candidate or political party; 30 (iv) influencing the outcome of a ballot proposition or 31 question; [OR]
01 (v) supporting or opposing an initiative proposal 02 application filed with the lieutenant governor under AS 15.45.020; or 03 (vi) donating to an organization qualified as a 04 charitable organization under 26 U.S.C. 501(c)(3); 05 (B) does not include a candidate's filing fee or the cost of 06 preparing reports and statements required by this chapter; 07 (C) includes an express communication and an electioneering 08 communication, but does not include an issues communication; 09 * Sec. 29. AS 15.13.400 is amended by adding a new paragraph to read: 10 (17) "hearing panel" means a body of the commission impaneled under 11 AS 15.13.025 to hear proceedings under AS 15.13.374 and 15.13.380. 12 * Sec. 30. AS 15.25.030(b) is amended to read: 13 (b) A person filing a declaration of candidacy under this section, other than a 14 person subject to AS 24.60 who is filing a declaration for a state legislative office, 15 shall simultaneously file with the director a statement of income sources and business 16 interests that complies with the requirements of AS 39.50. A person who is subject to 17 AS 24.60 and is filing a declaration of candidacy for state legislative office shall 18 simultaneously file with the director a disclosure statement that complies with the 19 requirements of AS 24.60.200. If a candidate files a disclosure statement required 20 by this subsection before January 1 of the year the election is scheduled to be 21 held, the candidate shall file an updated disclosure statement between January 1 22 and March 15 of the year the election is scheduled to be held. 23 * Sec. 31. AS 15.25.030(c) is amended to read: 24 (c) An incumbent public official, other than a legislator, who has a current 25 statement of income sources and business interests under AS 39.50 on file with the 26 Public Integrity Commission of Alaska [PUBLIC OFFICES COMMISSION], or an 27 incumbent legislator who has a current disclosure statement under AS 24.60.200 on 28 file with the Public Integrity Commission of Alaska [PUBLIC OFFICES 29 COMMISSION], is not required to file a statement of income sources and business 30 interests or a disclosure statement with the declaration of candidacy under (b) of this 31 section.
01 * Sec. 32. AS 15.25.180(b) is amended to read: 02 (b) A person filing a nominating petition under this section, other than a 03 person subject to AS 24.60 who is filing a petition for a state legislative office, shall 04 simultaneously file with the director a statement of income sources and business 05 interests that complies with the requirements of AS 39.50. A person who is subject to 06 AS 24.60 and is filing a nominating petition for state legislative office shall 07 simultaneously file with the director a disclosure statement that complies with the 08 requirements of AS 24.60.200. If a candidate files a disclosure statement required 09 by this subsection before January 1 of the year the election is scheduled to be 10 held, the candidate shall file an updated disclosure statement between January 1 11 and March 15 of the year the election is scheduled to be held. 12 * Sec. 33. AS 15.25.180(c) is amended to read: 13 (c) An incumbent public official, other than a legislator, who has a current 14 statement of income sources and business interests under AS 39.50 on file with the 15 Public Integrity Commission of Alaska [PUBLIC OFFICES COMMISSION], or an 16 incumbent legislator who has a current disclosure statement under AS 24.60.200 on 17 file with the Public Integrity Commission of Alaska [PUBLIC OFFICES 18 COMMISSION], is not required to file a statement of income sources and business 19 interests or a disclosure statement with the nominating petition under (b) of this 20 section. 21 * Sec. 34. AS 24.08.035(g) is amended to read: 22 (g) In (f) of this section, "agency" includes the Alaska Housing Finance 23 Corporation, the Alaska Industrial Development and Export Authority, the Alaska 24 Energy Authority, the Public Integrity Commission of Alaska [PUBLIC OFFICES 25 COMMISSION], and the Alaska Oil and Gas Conservation Commission, but does not 26 include other boards or commissions. 27 * Sec. 35. AS 24.45.021(a) is amended to read: 28 (a) This chapter shall be administered by the Public Integrity Commission of 29 Alaska [PUBLIC OFFICES COMMISSION] created under AS 15.13.020(a). 30 * Sec. 36. AS 24.45.091 is amended to read: 31 Sec. 24.45.091. Publication of reports. Copies of the statements and reports
01 filed under this chapter shall be made available to the public at the commission's 02 central office, the office of the lieutenant governor, the legislative reference library of 03 the Legislative Affairs Agency, and on the commission's Internet website [AT THE 04 COMMISSION'S DISTRICT OFFICES PRESCRIBED IN AS 15.13.020(j)] as soon 05 as practicable after each reporting period. 06 * Sec. 37. AS 24.45.121(a) is amended to read: 07 (a) A lobbyist may not 08 (1) engage in any activity as a lobbyist before registering under 09 AS 24.45.041; 10 (2) do anything with the intent of placing a public official under 11 personal obligation to the lobbyist or to the lobbyist's employer; 12 (3) intentionally deceive or attempt to deceive any public official with 13 regard to any material fact pertinent to pending or proposed legislative or 14 administrative action; 15 (4) cause or influence the introduction of a legislative measure solely 16 for the purpose of thereafter being employed to secure its passage or its defeat; 17 (5) cause a communication to be sent to a public official in the name of 18 any fictitious person or in the name of any real person, except with the consent of that 19 person; 20 (6) accept or agree to accept any payment in any way contingent upon 21 the defeat, enactment, or outcome of any proposed legislative or administrative action; 22 (7) serve as a member of a state board or commission, if the lobbyist's 23 employer may receive direct economic benefit from a decision of that board or 24 commission; 25 (8) serve as a campaign manager or director, serve as a campaign 26 treasurer or deputy campaign treasurer on a finance or fund-raising committee, host a 27 fund-raising event, directly or indirectly collect contributions for, or deliver 28 contributions to, a candidate, or otherwise engage in the fund-raising activity of a 29 legislative campaign or campaign for governor or lieutenant governor if the lobbyist 30 has registered, or is required to register, as a lobbyist under this chapter, during the 31 calendar year; this paragraph does not apply to a representational lobbyist as defined
01 in the regulations of the Public Integrity Commission of Alaska [PUBLIC OFFICES 02 COMMISSION], and does not prohibit a lobbyist from making personal contributions 03 to a candidate as authorized by AS 15.13 or personally advocating on behalf of a 04 candidate; 05 (9) offer, solicit, initiate, facilitate, or provide to or on behalf of a 06 person covered by AS 24.60 a gift, other than food or beverage for immediate 07 consumption or a compassionate gift under AS 24.60.075; however, this paragraph 08 does not prohibit a lobbyist from providing 09 (A) a gift to a legislator or legislative employee who is a 10 member of the lobbyist's immediate family as defined in AS 24.60.990(a), if 11 the gift is unconnected to the recipient's legislative status; 12 (B) tickets to a charity event described in 13 AS 24.60.080(a)(2)(B); or 14 (C) a contribution to a charity event under 15 AS 24.60.080(c)(10); 16 (10) make or offer a gift or a campaign contribution whose acceptance 17 by the person to whom it is offered would violate AS 24.60 or AS 39.52. 18 * Sec. 38. AS 24.45.171(3) is amended to read: 19 (3) "commission" means the Public Integrity Commission of Alaska 20 [PUBLIC OFFICES COMMISSION]; 21 * Sec. 39. AS 24.60.080(d) is amended to read: 22 (d) A legislator or legislative employee who accepts a gift under (c)(4) of this 23 section that has a value of $250 or more or a ticket to a charity event or gift in 24 connection with a charity event under (c)(10) of this section that has a value of $250 25 or more shall disclose to the committee, within 60 days after receipt of the gift, the 26 name and occupation of the donor and the approximate value of the gift. A legislator 27 or legislative employee who accepts a gift under (c)(8) of this section that the recipient 28 expects will have a value of $250 or more in the calendar year shall disclose to the 29 committee, within 30 days after receipt of the gift, the name and occupation of the 30 donor, a general description of the matter of legislative concern with respect to which 31 the gift is made, and the approximate value of the gift. The committee shall maintain a
01 public record of the disclosures it receives relating to gifts under (c)(4), (c)(8), (c)(10), 02 and (i) of this section and shall forward the disclosures to the appropriate house for 03 inclusion in the journal. The committee shall forward to the Public Integrity 04 Commission of Alaska [PUBLIC OFFICES COMMISSION] copies of the 05 disclosures concerning gifts under (c)(4), (c)(8), (c)(10), and (i) of this section that it 06 receives from legislators and legislative directors. A legislator or legislative employee 07 who accepts a gift under (c)(6) of this section that has a value of $250 or more shall, 08 within 30 days after receiving the gift, disclose to the committee the name and 09 occupation of the donor and a description of the gift. The committee shall maintain 10 disclosures relating to gifts under (c)(6) of this section as confidential records and may 11 only use, or permit a committee employee or contractor to use, a disclosure under 12 (c)(6) of this section in the investigation of a possible violation of this section or in a 13 proceeding under AS 24.60.170. If the disclosure under (c)(6) of this section becomes 14 part of the record of a proceeding under AS 24.60.170, the confidentiality provisions 15 of that section apply to the disclosure. 16 * Sec. 40. AS 24.60.160(a) is amended to read: 17 (a) On the request of the committee, the Public Integrity Commission of 18 Alaska [PUBLIC OFFICES COMMISSION], a person to whom this chapter applies, 19 or a person who has been newly elected to the legislature, the committee shall issue an 20 advisory opinion within 60 days as to whether the facts and circumstances of a 21 particular case constitute a violation of ethical standards. If it finds that it is advisable 22 to do so, the committee may issue an opinion under this section on the request of a 23 person who reasonably expects to become subject to this chapter within the next 45 24 days. The 60-day period for issuing an opinion may be extended by the committee if 25 the person requesting the opinion consents. 26 * Sec. 41. AS 24.60.170(l) is amended to read: 27 (l) Proceedings of the committee relating to complaints before it are 28 confidential until the committee determines that there is probable cause to believe that 29 a violation of this chapter has occurred. Except to the extent that the confidentiality 30 provisions are waived by the subject of the complaint, the person filing a complaint 31 shall keep confidential the fact that the person has filed a complaint under this section
01 as well as the contents of the complaint filed. The complaint and all documents 02 produced or disclosed as a result of the committee investigation are confidential and 03 not subject to inspection by the public. If in the course of an investigation or probable 04 cause determination the committee finds evidence of probable criminal activity, the 05 committee shall transmit a statement and factual findings limited to that activity to the 06 appropriate law enforcement agency. If the committee finds evidence of a probable 07 violation of AS 15.13, the committee shall transmit a statement to that effect and 08 factual findings limited to the probable violation to the Public Integrity Commission 09 of Alaska [PUBLIC OFFICES COMMISSION]. All meetings of the committee before 10 the determination of probable cause are closed to the public and to legislators who are 11 not members of the committee. However, the committee may permit the subject of the 12 complaint to attend a meeting other than the deliberations on probable cause. The 13 confidentiality provisions of this subsection may be waived by the subject of the 14 complaint. Except to the extent that the confidentiality provisions are waived by the 15 subject of the complaint, if the committee finds that a complainant has violated any 16 confidentiality provision, the committee shall immediately dismiss the complaint. 17 Dismissal of a complaint under this subsection does not affect the right of the 18 committee or any person other than the complainant to initiate a complaint based on 19 the same factual allegations. 20 * Sec. 42. AS 24.60.200 is amended to read: 21 Sec. 24.60.200. Financial disclosure by legislators, public members of the 22 committee, and legislative directors. A legislator, a public member of the committee, 23 and a legislative director shall file a disclosure statement, under oath and on penalty of 24 perjury, with the Public Integrity Commission of Alaska [PUBLIC OFFICES 25 COMMISSION] giving the following information about the income received or 26 deferred income, earned or otherwise, to be received by the discloser, the discloser's 27 spouse or domestic partner, the discloser's dependent children, and the discloser's 28 nondependent children who are living with the discloser: 29 (1) the information that a public official is required to report under 30 AS 39.50.030, other than information about 31 (A) income received as compensation for personal services;
01 (B) a loan or loan guarantee; 02 (C) gifts; 03 (2) as to income or deferred income in excess of $1,000 earned or 04 received as compensation for personal services, and as to dividend income or deferred 05 compensation in excess of $1,000 received from a limited liability company as 06 compensation or deferred compensation for personal services, a statement describing 07 (A) the names and addresses of the source and the recipient; 08 (B) the amount; 09 (C) whether it was or will be earned by commission, by the job, 10 by the hour, or by some other method; 11 (D) the dates and approximate number of hours worked or to be 12 worked to earn it; and 13 (E) unless required by law to be kept confidential, a description 14 sufficient to make clear to a person of ordinary understanding the nature of 15 each service performed or to be performed and the date the service was 16 performed or will be performed; 17 (3) as to each loan or loan guarantee over $1,000 from a source with a 18 substantial interest in legislative, administrative, or political action, the name and 19 address of the person making the loan or guarantee, the amount of the loan, the terms 20 and conditions under which the loan or guarantee was given, the amount outstanding 21 at the time of filing, and whether or not a written loan agreement exists. 22 * Sec. 43. AS 24.60.210 is amended to read: 23 Sec. 24.60.210. Deadlines for filing of disclosure statements. (a) A person 24 required to file a disclosure statement under AS 24.60.200 shall file an annual report 25 with the Public Integrity Commission of Alaska [PUBLIC OFFICES 26 COMMISSION], covering the previous calendar year, containing the disclosures 27 required by AS 24.60.200, on or before March 15 of each year, except that a person 28 appointed as a legislator under AS 15.40, a public member of the committee, or a 29 legislative director must file within 30 days after the person's appointment. In addition, 30 a person subject to this subsection shall, within 90 days after leaving service as a 31 legislator, legislative director, or public member of the committee, file a final report
01 containing the disclosures required of the person by AS 24.60.200 for the period that 02 begins on the last day of the last period for which the person filed a report required by 03 that section and ends on the date of the person's last day of service. 04 (b) Notwithstanding (a) of this section, a public member and a public member 05 nominee of the committee shall file an annual report with the Public Integrity 06 Commission of Alaska [PUBLIC OFFICES COMMISSION], covering the previous 07 calendar year, containing the disclosures required by AS 24.60.200, on or before the 08 second Monday in January of each year. 09 (c) The Public Integrity Commission of Alaska [PUBLIC OFFICES 10 COMMISSION] shall require that the reports required under this section be submitted 11 electronically but may, when circumstances warrant an exception, accept any 12 information required under this section that is typed in clear and legible black typeface 13 or hand-printed in dark ink on paper in a format approved by the commission or on 14 forms provided by the commission and that is filed with the commission. 15 * Sec. 44. AS 24.60.230 is amended to read: 16 Sec. 24.60.230. Statements as public records. A statement filed with the 17 Public Integrity Commission of Alaska [PUBLIC OFFICES COMMISSION] under 18 AS 24.60.200 is a public record. A person is not required to comply with 19 AS 24.60.200 to the extent that a court of competent jurisdiction of the state 20 determines that legally privileged professional relationships or constitutional privacy 21 considerations would be violated by compliance. 22 * Sec. 45. AS 24.60.240 is amended to read: 23 Sec. 24.60.240. Civil penalty for late filing. A person required to file a 24 disclosure statement under AS 24.60.200 who fails to file a properly completed report 25 under AS 24.60.200 is subject to a civil penalty of not more than $10 a day for each 26 day the delinquency continues as the Public Integrity Commission of Alaska 27 [PUBLIC OFFICES COMMISSION] determines, subject to appeal to the superior 28 court. An affidavit stating facts in mitigation may be submitted to the Public Integrity 29 Commission of Alaska [PUBLIC OFFICES COMMISSION] by the person against 30 whom the civil penalty is assessed. However, the imposition of the penalties 31 prescribed in this section does not excuse the person from filing reports required by
01 AS 24.60.200. 02 * Sec. 46. AS 24.60.250 is amended to read: 03 Sec. 24.60.250. Effect of failure to file. (a) In addition to the sanctions 04 described in AS 24.60.260, if the Public Integrity Commission of Alaska [PUBLIC 05 OFFICES COMMISSION] finds that a candidate for the legislature who is an 06 incumbent legislator has failed to file a report under AS 24.60.200 by March 15, the 07 commission shall notify the candidate that the report is late. If the candidate fails to 08 file the report within 30 days after it is due, 09 (1) the commission shall notify the lieutenant governor; 10 (2) the candidate shall forfeit nomination to office and may not be 11 seated in office; 12 (3) the lieutenant governor may not certify the person's nomination for 13 office or election to office; and 14 (4) nomination to the office shall be certified as provided in 15 AS 39.50.060(b). 16 (b) In addition to the sanctions described in AS 24.60.260, if the Public 17 Integrity Commission of Alaska [PUBLIC OFFICES COMMISSION] finds that a 18 member of the committee has failed or refused to file a report under AS 24.60.200 by 19 a deadline established in AS 24.60.210, it shall notify the presiding officer of the 20 appropriate legislative body. In the case of a public member of the committee, the 21 commission shall notify both presiding officers. 22 (c) In addition to the sanctions described in AS 24.60.260, if the Public 23 Integrity Commission of Alaska [PUBLIC OFFICES COMMISSION] finds that a 24 legislative director has failed or refused to file a report under AS 24.60.200 by a 25 deadline established in AS 24.60.210, it shall notify the Alaska Legislative Council or 26 the Legislative Budget and Audit Committee, as appropriate. For the ombudsman and 27 the office of victims' rights, the Alaska Legislative Council shall be notified. 28 * Sec. 47. AS 24.60.255(c) is amended to read: 29 (c) If a member of the Public Integrity Commission of Alaska [PUBLIC 30 OFFICES COMMISSION] files a complaint, that member of the commission may not 31 participate in any proceeding of the commission relating to the complaint. The
01 executive director of the commission shall replace a member of the commission 02 who may not participate in a proceeding under this section with another member 03 who is qualified to serve on the hearing panel assigned the proceeding under 04 AS 15.13.025. 05 * Sec. 48. AS 24.60.260(a) is amended to read: 06 (a) A person required to make a disclosure under this chapter may not 07 knowingly make a false or deliberately misleading or incomplete disclosure to the 08 committee or to the Public Integrity Commission of Alaska [PUBLIC OFFICES 09 COMMISSION]. A person who files a disclosure after a deadline set by this chapter or 10 by a regulation adopted by the Public Integrity Commission of Alaska [PUBLIC 11 OFFICES COMMISSION] has violated this chapter and may be subject to imposition 12 of a fine as provided in (c) of this section or AS 24.60.240. 13 * Sec. 49. AS 24.60.260(b) is amended to read: 14 (b) A person who violates this section is subject to a proceeding under 15 AS 24.60.170, in addition to penalties that may be imposed by the Public Integrity 16 Commission of Alaska [PUBLIC OFFICES COMMISSION] under AS 24.60.240 and 17 to the penalty set out in AS 24.60.250. 18 * Sec. 50. AS 24.60.990(a)(12) is amended to read: 19 (12) "lobbyist" means a person who is required to register under 20 AS 24.45.041 and is described under AS 24.45.171, but does not include a volunteer 21 lobbyist described in AS 24.45.161(a)(1) or a representational lobbyist as defined 22 under regulations of the Public Integrity Commission of Alaska [PUBLIC OFFICES 23 COMMISSION]; 24 * Sec. 51. AS 39.25.120(c)(13) is amended to read: 25 (13) the executive director and staff of the Public Integrity 26 Commission of Alaska [PUBLIC OFFICES COMMISSION]; 27 * Sec. 52. AS 39.50.020 is amended to read: 28 Sec. 39.50.020. Report of financial and business interests. (a) A public 29 official other than the governor or the lieutenant governor shall file a statement giving 30 income sources and business interests, under oath and on penalty of perjury, within 30 31 days after taking office as a public official. Candidates for state elective office other
01 than a candidate who is subject to AS 24.60 shall file the statement with the director of 02 elections at the time of filing a declaration of candidacy or a nominating petition or 03 becoming a candidate by any other means. Candidates for elective municipal office 04 shall file the statement at the time of filing a nominating petition, declaration of 05 candidacy, or other required filing for the elective municipal office. Refusal or failure 06 to file within the time prescribed shall require that the candidate's filing fees, if any, 07 and filing for office be refused or that a previously accepted filing fee be returned and 08 the candidate's name removed from the filing records. A statement shall also be filed 09 by public officials not [NO] later than March 15 in each following year. On or before 10 the 90th day after leaving office, a former public official shall file a final statement 11 covering any period during the official's service in that office for which the public 12 official has not already filed a statement. Persons who are members of boards or 13 commissions not named in AS 39.50.200(b) are not required to file financial 14 statements. 15 (b) A public official or former public official [OTHER THAN AN ELECTED 16 OR APPOINTED MUNICIPAL OFFICER] shall file the statement required under 17 (a) of this section with the Public Integrity Commission of Alaska [PUBLIC 18 OFFICES COMMISSION]. A candidate [CANDIDATES] for the office of governor, 19 [AND] lieutenant governor, or [AND], if the candidate is not subject to AS 24.60, the 20 legislature shall file the statement under AS 15.25.030 or 15.25.180. A statement 21 [MUNICIPAL OFFICERS, FORMER MUNICIPAL OFFICERS, AND 22 CANDIDATES FOR ELECTIVE MUNICIPAL OFFICE, SHALL FILE WITH THE 23 MUNICIPAL CLERK OR OTHER MUNICIPAL OFFICIAL DESIGNATED TO 24 RECEIVE THEIR FILING FOR OFFICE. ALL STATEMENTS] required to be filed 25 under this chapter is a [ARE] public record [RECORDS]. 26 * Sec. 53. AS 39.50.040(b) is amended to read: 27 (b) For a blind trust to qualify under this section, the following conditions 28 must be met: 29 (1) the trust may not contain investments or assets in which the 30 ownership right or interest is required to be recorded in a public office other than with 31 the Public Integrity Commission of Alaska [PUBLIC OFFICES COMMISSION], or
01 contain assets with permanency that makes transfer by the trustee improbable or 02 impractical, including real estate, security interests in personal property, mortgages, 03 and interests in closely held businesses; 04 (2) the trustee shall be a bank, trust company, or other institutional 05 fiduciary; 06 (3) the trustee shall have full authority to manage the trust, including 07 the purchase, sale, and exchange of its assets in accordance with fiduciary principles 08 and, without exception under any circumstances, notwithstanding this section, the 09 prudent investment rule set out in AS 13.36.230 - 13.36.290; 10 (4) the trust instrument shall contain a clear statement that its purpose 11 is to remove from the settlor control and knowledge of investment of trust assets so 12 that conflicts between the settlor's responsibilities and duties as a public official and 13 the settlor's personal or financial interests will be eliminated; 14 (5) during the term of the trust, a settlor or other beneficiary of the 15 trust may not communicate with the trustee except in writing and only regarding (A) a 16 request for a distribution in cash or another unspecified asset of the trust, (B) the 17 general financial requirements regarding distributions from the trust as a whole, (C) 18 direction to the trustee that, because a law, executive order, or regulation prohibits the 19 settlor from holding an asset, the asset may not be held by the trust, (D) direction to 20 the trustee to sell all of an asset initially placed in the trust because the settlor has 21 determined the sale is necessary to avoid a conflict of interest, the appearance of 22 impropriety, or an ethical violation; quarterly the trustee may provide to the settlor a 23 written report of the aggregate market value of the trust's assets and property but may 24 not disclose to the settlor or other beneficiary of the trust, or any other interested party, 25 any information about the identity and nature of any of the assets in the trust, and the 26 trustee shall be required to report any known breach of this confidentiality; 27 (6) the trust shall terminate only upon order of the commission, the 28 death or incompetence of the settlor, the termination of the settlor's status as a public 29 official, or revocation approved in advance by the commission; the trustee shall be 30 required to promptly report any termination of the trust to the commission; 31 (7) the trustee shall prepare the income tax return of the trust and may
01 participate in the audit of the trust's returns with authority to compromise a tax liability 02 of the trust, but may not disclose the return or information related to the return, except, 03 promptly after the close of each taxable year of the trust, the trustee shall provide the 04 settlor with an annual report summarizing information concerning the trust, including 05 net income or loss, expenses, capital gains, and capital losses of the trust, as necessary 06 to enable the settlor to prepare and file tax returns required by law; however, the 07 summary may not directly or indirectly identify a security or other property that is an 08 asset or former asset of the trust; 09 (8) the trustee shall be directed to avoid knowingly making any 10 investment in a corporation, business, or venture over which the settlor is likely to take 11 action by virtue of the settlor's official position; 12 (9) for the duration of the trust, a settlor or other beneficiary may not 13 pledge, mortgage, or otherwise encumber a person's interests in an asset that is part of 14 the trust, the settlor may not retain control over the trustee, and the settlor is not 15 permitted to make any recommendations or suggestions as to the trust property; 16 (10) the trust instrument agreement must provide that the trustee will 17 give the attorney general or personnel board access to any records or information 18 related to the trust that is necessary when investigating or hearing an accusation 19 alleging a violation of AS 39.52; 20 (11) the trustee shall report to the commission the beginning and 21 ending value of the trust, and, if the commission requests, the trustee shall prepare 22 under seal a detailed description of transactions and holdings of the trust; the 23 document prepared by the trustee under seal is not public information unless an 24 accusation under AS 39.52 relevant to the blind trust is filed by the attorney general or 25 the personnel board; and 26 (12) the trust may not become effective until the trust instrument is 27 submitted and approved by the commission. 28 * Sec. 54. AS 39.50.050(a) is amended to read: 29 (a) The Public Integrity Commission of Alaska [PUBLIC OFFICES 30 COMMISSION] created under AS 15.13.020(a) shall administer the provisions of this 31 chapter. The commission shall prepare and keep available for distribution standardized
01 forms on which the reports required by this chapter shall be filed. The commission 02 shall print the forms provided under this section so that the front and back of each 03 page have the same orientation when the page is rotated on the vertical axis of the 04 page. The commission shall require that the information required under this chapter be 05 submitted electronically but may, when circumstances warrant an exception, accept 06 any information required under this chapter that is typed in clear and legible black 07 typeface or hand-printed in dark ink on paper in a format approved by the commission 08 or on forms provided by the commission and that is filed with the commission. A 09 municipal officer for a municipality with a population of less than 15,000 shall submit 10 information required under this chapter either electronically or typed or hand-printed 11 in the manner described in this subsection. 12 * Sec. 55. AS 39.50.055(c) is amended to read: 13 (c) If a member of the Public Integrity Commission of Alaska [PUBLIC 14 OFFICES COMMISSION] files a complaint, that member of the commission may not 15 participate in any proceeding of the commission relating to the complaint. The 16 executive director of the commission shall replace a member of the commission 17 who may not participate in a proceeding under this section with another member 18 who is qualified to serve on the hearing panel assigned the proceeding under 19 AS 15.13.025. 20 * Sec. 56. AS 39.50.200(a)(3) is amended to read: 21 (3) "commission" means the Public Integrity Commission of Alaska 22 [PUBLIC OFFICES COMMISSION] created under AS 15.13.020(a); 23 * Sec. 57. AS 39.50.200(b)(8) is amended to read: 24 (8) Public Integrity Commission of Alaska [PUBLIC OFFICES 25 COMMISSION] (AS 15.13.020); 26 * Sec. 58. AS 39.52.180(d) is amended to read: 27 (d) An individual who formerly held a position listed in this subsection may 28 not engage in activity as a lobbyist under AS 24.45 for a period of one year after 29 leaving that position. This subsection does not prohibit service as a volunteer lobbyist 30 described in AS 24.45.161(a)(1) or a representational lobbyist as defined under 31 regulations of the Public Integrity Commission of Alaska [PUBLIC OFFICES
01 COMMISSION]. This subsection applies to the position of 02 (1) governor; 03 (2) lieutenant governor; 04 (3) head or deputy head of a principal department in the executive 05 branch; 06 (4) director of a division or legislative liaison within a principal 07 department in the executive branch; 08 (5) legislative liaison, administrative assistant, or other employee of 09 the Office of the Governor or Office of the Lieutenant Governor in a policy-making 10 position; 11 (6) member of a state board or commission that has the authority to 12 adopt regulations, other than a board or commission named in AS 08.01.010; 13 (7) member of the governing board and executive officer of a state 14 public corporation. 15 * Sec. 59. AS 39.52.340(a) is amended to read: 16 (a) Except as provided in AS 39.52.335, before the initiation of formal 17 proceedings under AS 39.52.350, the complaint and all other documents and 18 information regarding an investigation conducted under this chapter or obtained by the 19 attorney general during the investigation are confidential and not subject to inspection 20 by the public. In the case of a complaint concerning the governor, lieutenant governor, 21 or attorney general, all meetings of the personnel board concerning the complaint and 22 investigation before the determination of probable cause are closed to the public. If, in 23 the course of an investigation or probable cause determination, the attorney general 24 finds evidence of probable criminal activity, the attorney general shall transmit a 25 statement and factual findings limited to that activity to the appropriate law 26 enforcement agency. If the attorney general finds evidence of a probable violation of 27 AS 15.13, the attorney general shall transmit a statement to that effect and factual 28 findings limited to the probable violation to the Public Integrity Commission of 29 Alaska [PUBLIC OFFICES COMMISSION]. The attorney general and all persons 30 contacted during the course of an investigation shall maintain confidentiality regarding 31 the existence of the investigation.
01 * Sec. 60. AS 43.05.085 is amended to read: 02 Sec. 43.05.085. List of contributions. The commissioner shall prepare and 03 furnish to the Public Integrity Commission of Alaska [PUBLIC OFFICES 04 COMMISSION] by July 1 of each year a list containing the total amount of 05 contributions received by each candidate and group for which a credit was received by 06 an individual under AS 43.20.013(a). The commissioner shall also mail a copy of the 07 list to each of the candidates and groups that [WHICH] were recipients of those 08 credited contributions. The list becomes public information under AS 40.25.110 - 09 40.25.120 on its delivery to the Public Integrity Commission of Alaska [PUBLIC 10 OFFICES COMMISSION]. 11 * Sec. 61. AS 44.62.330(a)(20) is amended to read: 12 (20) Public Integrity Commission of Alaska [PUBLIC OFFICES 13 COMMISSION]; 14 * Sec. 62. AS 45.68.120(a) is amended to read: 15 (a) Registration is not required under AS 45.68.010 for 16 (1) a church or religious organization that is exempt from filing a 17 federal annual information return under 26 U.S.C. 6033(a)(3)(A) 18 (2) a candidate for national, state, or local office, and a political party 19 or other committee or group if the candidate, party, committee, or group is required to 20 file financial information with the Public Integrity Commission of Alaska [PUBLIC 21 OFFICES COMMISSION] under AS 15.13 or with the Federal Election Commission 22 under 2 U.S.C. 431 - 456 (Federal Election Campaign Act); 23 (3) a charitable organization that does not intend to raise or receive 24 contributions, excluding government grants, in excess of $5,000 during a fiscal year of 25 the charitable organization, or that does not intend to receive contributions from more 26 than 10 persons during a fiscal year of the charitable organization if, in either 27 situation, 28 (A) all of the organization's functions, including solicitation, 29 are performed by persons who are not paid for their services; and 30 (B) an officer or member of the organization is not paid or does 31 not otherwise receive all or a part of the assets or income of the charitable
01 organization; 02 (4) a person or municipality who has a permit under AS 05.15.100. 03 * Sec. 63. AS 15.13.040(k), 15.13.076, 15.13.090(a)(2)(C), and 15.13.090(e) are repealed. 04 * Sec. 64. The uncodified law of the State of Alaska is amended by adding a new section to 05 read: 06 INITIAL APPOINTMENT OF MEMBERS OF THE PUBLIC INTEGRITY 07 COMMISSION OF ALASKA. (a) Notwithstanding AS 15.13.020, repealed and reenacted by 08 sec. 1 of this Act, and AS 39.05.055, the governor shall appoint the initial members of the 09 Public Integrity Commission of Alaska to serve staggered terms as follows and shall designate 10 the terms to be served by each person appointed: 11 (1) one member from each political party selected under AS 15.13.020(c) and 12 one member selected under AS 15.13.020(d) shall serve for one year; 13 (2) one member from each political party selected under AS 15.13.020(c) and 14 one member selected under AS 15.13.020(d) shall serve for two years; and 15 (3) one member from each political party selected under AS 15.13.020(c) and 16 one member selected under AS 15.13.020(d) shall serve for three years. 17 * Sec. 65. The uncodified law of the State of Alaska is amended by adding a new section to 18 read: 19 TRANSITION; AFFAIRS OF THE ALASKA PUBLIC OFFICES COMMISSION. 20 Litigation, hearings, investigations, and other proceedings pending under a law amended or 21 repealed by this Act, or in connection with functions transferred by this Act, continue in effect 22 and may be continued and completed notwithstanding a transfer or amendment or repeal 23 provided for in this Act. Orders and regulations issued or adopted under authority of a law 24 amended or repealed by this Act remain in effect for the term issued, or until revoked, 25 vacated, or otherwise modified under the provisions of this Act. Contracts, rights, liabilities, 26 and obligations created by or under a law amended or repealed by this Act, and in effect on 27 the effective date of this Act, remain in effect notwithstanding this Act's taking effect. 28 Records, equipment, appropriations, and other property of the Alaska Public Offices 29 Commission whose functions are transferred under this Act shall be transferred to implement 30 the provisions of this Act. 31 * Sec. 66. The uncodified law of the State of Alaska is amended by adding a new section to
01 read: 02 TRANSITION; MEMBERS OF THE ALASKA PUBLIC OFFICES COMMISSION. 03 The terms of members of the Alaska Public Office Commission serving on the effective date 04 of this Act expire on January 1, 2016. Notwithstanding AS 15.13.020, as repealed and 05 reenacted by sec. 1 of this Act, an individual serving as a member of the Alaska Public 06 Offices Commission on the effective date of sec. 1 of this Act is ineligible to serve as an 07 initial member of the Public Integrity Commission of Alaska, established under 08 AS 15.13.020, as repealed and reenacted by sec. 1 of this Act. 09 * Sec. 67. This Act takes effect immediately under AS 01.10.070(c).