CSSB 15(CRA): "An Act relating to the Open Meetings Act; establishing a civil penalty for violations of the open meeting requirements by members of governmental bodies; and relating to the duties of the Alaska Public Offices Commission and the attorney general."
00 CS FOR SENATE BILL NO. 15(CRA) 01 "An Act relating to the Open Meetings Act; establishing a civil penalty for violations of 02 the open meeting requirements by members of governmental bodies; and relating to the 03 duties of the Alaska Public Offices Commission and the attorney general." 04 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 05 * Section 1. AS 15.13 is amended by adding a new section to read: 06 Sec. 15.13.395. Open meetings violations. A person may file with the 07 commission an administrative complaint against a person for a violation described in 08 AS 44.62.310(i), unless the person is a member of the commission. When an 09 administrative complaint has been filed, the commission shall give the respondent due 10 notice and an opportunity to be heard. If, at the conclusion of the hearing, the 11 commission determines that the respondent engaged in the alleged violation, the 12 commission shall assess a civil penalty under AS 44.62.310(i). The commission's 13 determination under this section may be appealed to the superior court under AS 44.62 14 (Administrative Procedure Act).
01 * Sec. 2. AS 44.23.020 is amended by adding a new subsection to read: 02 (l) If the attorney general receives a complaint against a member of the Alaska 03 Public Offices Commission for a violation described in AS 44.62.310(i), the attorney 04 general shall give the respondent due notice and an opportunity to be heard. If, at the 05 conclusion of the hearing, the attorney general determines that the respondent engaged 06 in the alleged violation, the attorney general shall assess a civil penalty under 07 AS 44.62.310(i). The determination of the attorney general under this section may be 08 appealed to the superior court under AS 44.62 (Administrative Procedure Act). The 09 attorney general shall, by regulation, establish procedures to implement this 10 subsection, including procedures for investigating and holding hearings on complaints. 11 * Sec. 3. AS 44.62.310(h) is amended by adding new paragraphs to read: 12 (4) "knowingly" has the meaning given in AS 11.81.900(a); 13 (5) "public official" has the meaning given in AS 39.50.200 but does 14 not include a judicial officer. 15 * Sec. 4. AS 44.62.310 is amended by adding a new subsection to read: 16 (i) A member of a governmental body who is an elected or appointed public 17 official and who knowingly attends a meeting of the governmental body that violates 18 this section is liable to the state for a civil penalty not to exceed $1,000. The Alaska 19 Public Offices Commission shall enforce this subsection under AS 15.13.395, except 20 that if a member of the Alaska Public Offices Commission is alleged to have violated 21 this subsection, the attorney general shall enforce this subsection under 22 AS 44.23.020(l). In this subsection, "governmental body" does not include a 23 community council established by a municipality. 24 * Sec. 5. The uncodified law of the State of Alaska is amended by adding a new section to 25 read: 26 APPLICABILITY. AS 15.13.395, added by sec. 1 of this Act, AS 44.23.020(l), added 27 by sec. 2 of this Act, AS 44.62.310(h)(4) and (5), added by sec. 3 of this Act, and 28 AS 44.62.310(i), added by sec. 4 of this Act, apply to conduct occurring on or after the 29 effective date of this Act.