Legislature(1997 - 1998)
05/05/1998 02:00 PM House FIN
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* first hearing in first committee of referral
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SENATE BILL NO. 105 "An Act relating to legislative ethics; relating to the filing of disclosures by certain legislative employees and officials; and providing for an effective date." Representative Kelly MOVED to ADOPT work draft #0-LS0074\J, dated 5/4/98. There being NO OBJECTION, it was so ordered. BEN BROWN, STAFF, SENATOR KELLY reviewed the sectional analysis for HCS CSSB 105 (FIN), #0-LS0074\J. SECTION 1: AS 15.13.040(i) DONATION OF SPACE NOT CONSIDERED A CONTRIBUTION This section adds a new subsection which allows donation of space for the posting of political signs, for storage, or for an event without consideration of the donation as a campaign contribution. SECTION 2: AS 15.13.070(e) LIMITED USE OF CAMPAIGN FUNDS FOR PARTY-RELATED EXPENSES This section adds a new subsection which allows a candidate to expend up to $1000 annually from a campaign account to pay for attendance at political party events, for party membership, or to sponsor party functions. SECTION 3: AS 15.13.072(d) PROHIBITED SOLICITATION & ACCEPTANCE OF CONTRIBUTIONS This section prohibits legislative candidates from soliciting or accepting contributions while the Legislature is convened in regular or special session, unless the candidate's election is within 90 days and the solicitation or acceptance takes place somewhere other than the capital city. SECTION 4: AS 15.13.072(g) PROHIBITED SOLICITATION & ACCEPTANCE OF CONTRIBUTIONS This section adds a new subsection which prohibits candidates for governor and lieutenant-governor from soliciting or accepting contributions in the capital city while the Legislature is convened in regular or special session. SECTION 5: AS 15.13.074(c) PROHIBITED CONTRIBUTIONS This section prohibits a person or group from contributing to a candidate for governor or lieutenant- governor before the 1st of January of a general election year or before the date of a proclamation calling for a special election. It prohibits a person or group from contributing to a legislative candidate while the legislature is convened in regular or special session, unless the candidate's election is within 90 days and the solicitation or acceptance takes place somewhere other than the capital city. Section 5 lengthens the period of time after an election in which a candidate may continue to raise money to the earlier of either 60 days after the election or the end of the calendar year. Sections 6 - 27 were not changed in work draft J. SECTION 28: AS 24.60.080(c) GIFT RESTRICTION EXEMPTIONS A new subsection 8 was added on page 20. It clarifies that a stay in a vacation home located outside Alaska is not an exempted gift. It allows legislators and legislative employees to accept discounts while on State business if the discount benefits the State. It allows legislators and their personal staff (but not other legislative employees) to accept discounts and welcoming gifts in the capital city during session. Section 28 allows receipt of a gift worth more than $250 of legal services related to a matter of legislative concern. SECTION 29: AS 24.60.080(d) GIFT REPORTING This section increases the reference to the maximum cumulative annual gift limit from $100 to $250. It mandates reporting of gifts of travel or legal services within 30 days of receipt. It changes the reporting deadline for gifts not related to legislative status to the 15th of March of the following year, and specifies that the disclosure need include only a description of the gift and the giver's identity (not the actual value). Section 29 also calls for the Ethics Committee to forward gift disclosures by legislators and legislative directors to the Alaska Public Offices Commission (APOC). Sections 30 through 43 were not changed by the committee substitute. SECTION 44: AS 24.60.170(a) INITIATION OF COMPLAINTS Section 44 removes the committee's ability to initiate complaints on its own aggregate motion, but does not remove any individual committee member's right to initiate a complaint. Sections 45 through 47 remained the same. SECTION 48: AS 24.60.170(g) CORRECTIVE ACTIONS New language was added on lines 8 - 13, on page 30. This section allows the ethics committee to issue an opinion (which must go to both the complainant and the subject) recommending corrective action after finding probable cause that a violation occurred. It lets the subject request a confidential meeting with the committee within 20 days of receipt of the opinion, at which the committee must explain its reasons for recommending corrective action. It then allows the subject to comply with the opinion or request a hearing under subsection (j), and lets the committee amend or affirm the opinion after this hearing. Section 48 sets out that if a subject agrees to comply with an opinion but fails to do so in a timely manner, the committee may formally charge the person under subsection (h) or refer the matter to a supervisory authority. It empowers the supervisory authority to enforce corrective actions, or decline to do so and refer the matter back to the committee, which retains the power formally to charge the person. Sections 49 and 50 remain the same. SECTION 51: AS 24.60.170(l) CONFIDENTIALITY New language that was added to the end of Section 51 was deleted by the committee substitute. The Department of Law advised that the new language was unnecessary. This section provides that ethics committee proceedings are confidential until the determination of probable cause, and that complaints and all documents produced or disclosed in the course of an investigation are confidential as well. It mandates that the committee transmit information obtained in the course of an investigation to appropriate enforcement authorities. Section 51 clarifies that all meetings of the committee concerning complaints are closed to the public and non- members of the committee, though the committee may permit the subject of a complaint to attend a meeting other than deliberation on probable cause. It allows the subject to waive the confidentiality provisions of this section. Sections 52 through 58 were not changed. SECTION 59: AS 24.60.210 DEADLINES FOR FILING This section changes the deadline for filing an LFD from the 15th of April to the 15th of March. SECTION 60: AS 24.60.240 CIVIL PENALTY FOR LATE FILING This section changes the reference to who must file an LFD to include public members of the ethics committee as well as legislative directors and legislators. SECTION 61: AS 24.60.250(a), (b) & (c) EFFECTS OF FAILURE TO FILE This section sets out what APOC must do if an incumbent legislator fails to file an LFD by the 15th of March. It establishes that APOC notifies the candidate that the report is late, and if the candidate still refuses to file within 30 days, APOC informs the Lieutenant Governor of the failure to file. The candidate then forfeits nomination to office and may not be seated. The lieutenant governor may not certify the person's nomination, and the results of the person's election are certified according to 39.50.060(b). Subsection (b) sets out that if a public member fails to file, APOC must notify the appropriate presiding officer. Subsection (c) sets out that APOC must notify Leg Council or LB&A if a legislative director fails to file. In response to a question by Representative Mulder, Mr. Brown explained that if a disclosure is not made by the 15th of March there is a civil fine of $10 dollars a day. If disclosure is not made within 30 days of the 15th of March the penalty would be the inability to run for office or a lose of office. In response to a question by Representative Martin, Mr. Brown noted that a subject might ask that confidentiality be waived. Representative Mulder noted that the end of year financial report is due on February 15th. Close economic relationships and LFD's are due on March 15th. Mr. Brown observed that two reports are being consolidated. Representative Martin emphasized that the public should have the proper information before a person is elected. He stated that he supported an amendment to require candidates to disclose relationships of themselves, spouse or spousal equivalent with lobbyists. Mr. Brown noted that candidates file public official disclosure forms under AS 39.50. Sections 62 through 68 were not changed by the committee substitute. SECTION 69: AS 39.50.020 REPORT OF FINANCIAL AND BUSINESS INTERESTS This section changes the requirements for Public Official Financial Disclosure reports, setting out that public officials listed in 39.50.200 must file reports within 30 days after taking office and in each following year. It changes the annual filing deadline to the 15th of March, and specifies that all non-municipal officials file with APOC, while municipal officials file with appropriate local authorities. References to spouse in AS 39.50 have been amended to include the spousal equivalent. The definition of "immediate family" has been changed to include the parent, child, or sibling that resides with the person, is financially dependent on the person or shares a substantial financial interest with the person who is filing. Sections 70 through 72 were not changed. SECTION 73: AS 39.50.060 THIRTY DAY PERIOD AFTER FILING DEADLINE This section establishes that APOC must notify a candidate that the report is late. If the candidate does not within 30 days, APOC informs the Lieutenant Governor of the failure to file. The candidate then forfeits nomination to office and may not be seated. The lieutenant governor may not certify the person's nomination, and the results of the person's election are certified according to 39.50.060(b). Subsection (b) sets out that if a public member fails to file, APOC must notify the appropriate presiding officer. Subsection (c) sets out that APOC must notify the Legislative Council or the Legislative Budget and Audit Committee if a legislative director fails to file. New language was added to clarify that a person is considered to have complied if they comply within 30 days after the due date. Section 74 remains the same. SECTION 75: AS 39.50.090(a) PROHIBITION ON USE OF OFFICIAL POSITION This section disallows the use of official position to obtain financial gain for a spousal equivalent. Sections 76 and 77 were not changed in the committee substitute. SECTION 78: AS 39.50.200(a)(9) DEFINITIONS This section expands the definition of 'source of income' to include spousal equivalents. SECTION 79: AS 39.50.200(a)(10) DEFINITIONS This section adds a new definition of 'spousal equivalent' for the purposes of 39.50. Statutes relating to the Executive Branch Ethics Act begin in section 80. Sections 80 through 98 were not changed in the committee substitute. SECTION 99: AS 39.52.960(2) DEFINITION OF AGENCY This section adds the Alaska Railroad Corporation to the definition of 'agency' for the purposes of the Executive Branch Ethics Act. Audits by the Legislative Budget and Audit Committee recommended this change. SECTION 100: AS 39.52.960(4) DEFINITION OF BOARD OR COMMISSION This section adds the Alaska Railroad Corporation Board of Directors to the definition of board or commission for the purposes of the Executive Branch Ethics Act. SECTION 101: AS 39.52.960(11) DEFINITION OF IMMEDIATE FAMILY This section changes the general definition of immediate family member for the purposes of the Executive Branch Ethics Act. SECTION 102: 42.40.710 ALASKA RAILROAD EMPLOYEES This section specifies that the Executive Branch Ethics Act applies to Railroad employees, although the remaining provisions of Title 39 do not. (Tape Change, HFC 98 - 155, Side 1) SECTION 103: AS 42.40.230 ALASKA RAILROAD ETHICS CODE REPEALER This section repeals 42.40.230, which is no longer needed as the Railroad is brought under the Executive Branch Ethics Act by the bill. The remaining sections were not changed by the committee substitute. NEIL SLOTNICK, ASSISTANT ATTORNEY GENERAL, COMMERCIAL SECTION, DEPARTMENT OF LAW stated that he had not discussed the addition of the Alaska Railroad with the Attorney General or the Alaska Railroad Corporation. He anticipated that a memorandum of agreement would be reached that would allow the Corporation's general counsel to advise them on legal issues. He anticipated that complaints would be handled through the Attorney General's Office. He emphasized that the Department of Law would charge attorney time through an RSA from the Alaska Railroad Corporation. Representatives Mulder and Martin spoke in support of the addition. Representative Davies suggested that a contractual relationship be arranged to allow for statutory designated receipts instead of program receipts. In response to a question by Representative Mulder, Mr. Slotnick stated that the Department is supportive of the amendments made to the Executive Branch Ethics Act. SB 105 was HELD in Committee for further consideration.
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