Legislature(1997 - 1998)
05/05/1998 02:00 PM House FIN
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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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