Sec. 24.05.010. Legislative power.

The legislative power of the state is vested in the legislature of the State of Alaska and extends to all rightful subjects of legislation not inconsistent with or reserved by the constitution of the State of Alaska and the constitution and laws of the United States.

History. (§ 1 ch 157 SLA 1959)

Cross references. —

For related constitutional provisions, see Alaska Const., art. II, § 1.

Collateral references. —

72 Am. Jur. 2d, States, Territories, and Dependencies, §§ 35-61

73 Am. Jur. 2d, Statutes, §§ 33, 34.

81A C.J.S., States, § 40.

Sec. 24.05.020. Composition.

The legislature is composed of two houses: a senate consisting of 20 members and a house of representatives consisting of 40 members.

History. (§ 2 ch 157 SLA 1959)

Cross references. —

For related constitutional provisions, see Alaska Const., art. II, § 1.

Sec. 24.05.030. Qualifications of members.

A member of the legislature shall be a qualified voter who has been a resident of the state for at least three years and of the district from which elected for at least one year immediately preceding filing for office. A senator shall be at least 25 years of age and a representative at least 21 years of age at the time of taking the oath of office.

History. (§ 3 ch 157 SLA 1959)

Cross references. —

For related constitutional provisions, see Alaska Const., art. II, § 2.

Collateral references. —

63A Am. Jur. 2d, Public Officers and Employees, §§ 48-56

72 Am. Jur. 2d, States, Territories, and Dependencies, § 38.

81A C.J.S., States, § 42.

Legislative power to prescribe qualifications for or conditions of eligibility to constitutional office. 34 ALR2d 155.

Sec. 24.05.040. Dual office.

A member of the legislature may not hold any other office or position of profit under the United States or the state. During the term for which elected and for one year thereafter, a legislator may not be nominated, elected, or appointed to any other office or position of profit which has been created, or the salary or emoluments of which have been increased, while the legislator was a member. This section does not prevent any person from seeking or holding the office of governor, lieutenant governor, or member of Congress. This section does not apply to employment by or election to a constitutional convention. A member may serve on or at the behest of an interim committee of the legislature.

History. (§ 4 ch 157 SLA 1959; am § 1 ch 85 SLA 1965; am § 56 ch 69 SLA 1970)

Revisor’s notes. —

In 1971, “lieutenant governor” was substituted for “secretary of state” to conform to the 1970 constitutional amendment changing the designation of that office.

Cross references. —

For related constitutional provisions, see Alaska Const., art. II, § 5.

Sec. 24.05.050. Membership on boards and commissions.

A member of the legislature may serve on a board or commission of the state government only if the membership of legislators on the board or commission is specifically authorized by law.

History. (§ 1 ch 32 SLA 1951; am § 1 ch 126 SLA 1966)

Sec. 24.05.060. Disqualifications.

A person is not qualified for membership in the legislature who is disqualified to hold public office under the provisions of art. XII, § 4, Constitution of the State of Alaska, and as it may be implemented by law. Each member of the legislature, before entering upon the duties of the office, shall take the oath of office prescribed in art. XII, § 5, Constitution of the State of Alaska, and such further oath or affirmation prescribed by law for members of the legislature or other officers of the state.

History. (§ 5 ch 157 SLA 1959)

Collateral references. —

63C Am. Jur. 2d, Public Officers and Employees, §§ 70-84

72 Am. Jur. 2d, States, Territories, and Dependencies, § 56.

81A C.J.S., States, § 94.

Sec. 24.05.070. Election and expulsion.

Each member of the legislature shall be elected from the district and in conformity with the procedures established by the state constitution and the laws of the state. Each house is the judge of the election and qualifications of its members and may expel a member with the concurrence of two-thirds of its members.

History. (§ 6 ch 157 SLA 1959)

Cross references. —

For related constitutional provisions, see Alaska Const., art. II, § 12.

Sec. 24.05.080. Terms.

The term of each member of the legislature begins on the third Tuesday in January. The term of representatives is two years, and the term of senators is four years. One-half of the senators shall be elected every two years.

History. (§ 7 ch 157 SLA 1959; am § 1 ch 91 SLA 1969; am § 33 ch 53 SLA 1973; am § 1 ch 143 SLA 1975; am § 1 ch 72 SLA 1996; am § 35 ch 40 SLA 2008)

Cross references. —

For related constitutional provisions, see Alaska Const., art. II, § 3.

Collateral references. —

72 Am. Jur. 2d, States, Territories, and Dependencies, § 44.

81A C.J.S., States, § 43.

Sec. 24.05.085. Resignation.

A member resigns by submitting a resignation in writing to the presiding officer of the house to which the member was elected or appointed, with information copies to the governor, the director of elections, and the executive director of the Legislative Affairs Agency for appropriate administrative action. The resignation is effective on the date specified in the resignation or, if no date is specified, 10 days after the date of mailing the resignation. The resignation may be withdrawn, in the same manner as it was submitted, at any time before it becomes effective.

History. (§ 2 ch 126 SLA 1966; am § 34 ch 53 SLA 1973; am § 31 ch 67 SLA 1989)

Cross references. —

For filling a vacancy in the legislature, see AS 15.40.320 — 15.40.470 .

Sec. 24.05.087. [Renumbered as AS 24.05.184.]

Sec. 24.05.090. Duration of legislature; sessions.

The legislature shall convene at the capital each year on the third Tuesday in January at 1:00 p.m. Each legislature has a duration of two years and consists of a “First Regular Session” that meets in the odd-numbered years, and a “Second Regular Session” that meets in the even-numbered years, and any special session that the governor or legislature calls.

History. (§ 9 ch 157 SLA 1959; am § 2 ch 91 SLA 1969; am § 1 ch 8 SLA 1973; am § 2 ch 143 SLA 1975; am § 80 ch 6 SLA 1984; am § 2 ch 72 SLA 1996; am § 3 ch 34 SLA 2007)

Cross references. —

For related constitutional provisions, see Alaska Const., art. II, § 8.

Collateral references. —

81A C.J.S., States, § 103 et seq.

Sec. 24.05.100. Special sessions.

1. The legislature may hold a special session not exceeding 30 calendar days in length. The special session shall be called in either of the following ways:
   1. The governor may call the legislature into special session by issuing a proclamation. At a special session called by the governor, legislation is limited to the subjects designated by the governor in the proclamation or to the subjects presented by the governor, and to reconsideration of legislation, if any, vetoed following a regular session of that legislature. To enable the legislators to make travel and other arrangements, a proclamation for a special session shall be issued at least 30 days in advance of the convening date stated in the proclamation unless
      1. the proclamation is issued under AS 26.23.020(k) ;
      2. the special session is called to address a disaster; in this subparagraph, “disaster” has the meaning given in AS 26.23.900 ;
      3. the proclamation is issued while both houses are in regular or special session; or
      4. the proclamation is issued within one hour after the second house has adjourned from a regular or special session.
   2. The legislature may call itself into special session if two-thirds of the membership responds in the affirmative to a poll conducted by the presiding officer of each house.  Each presiding officer may initiate a poll by their joint agreement, and each shall initiate a poll upon the request of 25 percent of the membership of each house, expressed in writing and signed by those members.  When two-thirds of the membership to which the legislature is entitled responds in the affirmative, the president of the senate and speaker of the house shall jointly announce the result of the poll and a date for the convening of the special session.  If one of the presiding officers is deceased, has resigned, or is incapacitated, the presiding officer of the other house may conduct the poll of the members of both houses.
2. A special session may be held at any location in the state. If a special session called under (a)(1) of this section is to be convened at a location other than at the capital, the governor shall designate the location in the proclamation.  If a special session called under (a)(2) of this section is to be convened at a location other than at the capital, the presiding officers shall agree to and designate the location in the poll conducted of the members of both houses.

History. (§ 10 ch 157 SLA 1959; am § 1 ch 67 SLA 1975; am § 1 ch 100 SLA 1982; am § 1 ch 16 SLA 2007)

Cross references. —

For related constitutional provisions, see Alaska Const., art. II, § 9.

Collateral references. —

72 Am. Jur. 2d, States, Territories, and Dependencies, § 59

73 Am. Jur. 2d, Statutes, §§ 35-37.

81A C.J.S., States, § 49.

Sec. 24.05.110. Joint sessions.

The houses of the legislature shall convene in joint session when required or authorized by the constitution and the rules of the legislature.

History. (§ 11 ch 157 SLA 1959)

Sec. 24.05.120. Rules.

At the beginning of the first regular session of each legislature, both houses shall adopt uniform rules of procedure for enacting bills into law and adopting resolutions. The rules in effect at the last regular session of the immediately preceding legislature serve as the temporary rules of the legislature until the adoption of permanent rules.

History. (§ 12 ch 157 SLA 1959; am § 6 ch 100 SLA 1963)

Cross references. —

For related constitutional provisions, see Alaska Const., art. II, § 12.

The Uniform Rules of the Alaska State Legislature may be found in volume 11 of the Alaska Statutes.

Sec. 24.05.130. Journal.

Each house shall keep and publish a daily journal of its proceedings. The journal shall reflect the essential elements of the business transacted and the messages and communications received from the governor and the other house.

History. (§ 13 ch 157 SLA 1959)

Cross references. —

For related constitutional provisions, see Alaska Const., art. II, § 12.

Collateral references. —

72 Am. Jur. 2d States, Territories, and Dependencies, § 47.

81A C.J.S., States, § 85.

Sec. 24.05.135. Record of proceedings.

1. All floor sessions of each house shall be electronically recorded. However, each house may suspend this recording requirement by concurrence of two-thirds of its members when there is an equipment failure or when no recording equipment is available as a result of a natural disaster or other exigency.
2. The legislature shall provide by uniform joint rule for the recording or reporting of committee session proceedings.
3. As the tapes, spools, or other recording devices are filled, or as reports are completed, they shall be transferred to the state library for placement in the state archives. Reproductions shall be placed in a centrally located public library in Juneau, Anchorage, and Fairbanks, until one year after adjournment of the legislative session recorded. The division of the Department of Education and Early Development that has responsibility for state libraries, archives, and museums shall supply reproductions of electronic recordings at cost to any person requesting them.

History. (§ 1 ch 12 SLA 1975; am § 28 ch 32 SLA 1997; am § 42 ch 41 SLA 2009)

Sec. 24.05.140. Quorum.

A majority of the membership of each house constitutes a quorum to do business. However, a smaller number may adjourn from day to day and may compel the attendance of absent members in the manner, and under the penalties, provided by law or the rules of the legislature.

History. (§ 14 ch 157 SLA 1959)

Cross references. —

For related constitutional provisions, see Alaska Const., art. II, § 12.

Sec. 24.05.150. Adjournment.

1. Neither house may recess or adjourn for longer than three days unless the other concurs.  If the two houses cannot agree on the time for adjournment and either house certifies the disagreement to the governor, the governor may adjourn the legislature by issuing an executive order and transmitting a copy of it to the president or secretary of the senate and speaker or chief clerk of the house of representatives.
2. The legislature shall adjourn from a regular session within 90 consecutive calendar days, including the day the legislature first convenes in that regular session.

History. (§ 15 ch 157 SLA 1959; § 1, 2006 General Election Ballot Measure No. 1)

Cross references. —

For related constitutional provisions, see Alaska Const., art. II, § 10.

Editor’s notes. —

Under § 2, 2006 General Election Ballot Measure No. 1, § 1 of the initiative, adding subsection (b), is to “[take] effect on the first day of the Second Regular Session of the 25th Alaska Legislature.” Under article XI, section 6, Constitution of the State of Alaska, “[a]n initiated law becomes effective ninety days after certification” of the election results by the lieutenant governor. The lieutenant governor certified the results of the 2006 general election on December 5, 2006, thereby giving 2006 General Election Ballot Measure No. 1 an actual effective date of March 5, 2007. It is possible, however, that § 2, 2006 General Election Ballot Measure No. 1 will be interpreted as an applicability section, in which case subsection (b) will not apply until the first day of the Second Regular Session of the 25th Alaska State Legislature.

Collateral references. —

72 Am. Jur. 2d, States, Territories, and Dependencies, § 45.

81A C.J.S., States, § 107.

Sec. 24.05.160. Organization of a first regular session; new members.

On the day set for the assembling of the first regular session of a legislature, the lieutenant governor shall call each house to order and direct the calling of roll of its districts and the names of the new members who are certified as being elected from each district. The lieutenant governor shall then direct the administration of the oath of office of each new member. The lieutenant governor shall then call for the nomination of a temporary president or speaker, as appropriate. Upon the election of the temporary presiding officers, the lieutenant governor shall relinquish the chair, and each house shall proceed to its further organization. If the lieutenant governor is unable to perform the duties imposed by this section, the chief justice of the supreme court shall act in the lieutenant governor’s place.

History. (§ 18 ch 157 SLA 1959)

Revisor’s notes. —

In 1971, “lieutenant governor” was substituted for “secretary of state” to conform to the 1970 constitutional amendment changing the designation of that office.

Collateral references. —

72 Am. Jur. 2d, States, Territories, and Dependencies, § 57.

81A C.J.S., States, § 94.

Sec. 24.05.170. Organization of second and special sessions; new members.

On the day set for the assembly of the second regular session or a special session of the legislature, the presiding officer elected at the first regular session shall administer the oath of office to new members and proceed with the business of the house in accordance with the rules of the legislature.

History. (§ 19 ch 157 SLA 1959; am § 1 ch 100 SLA 1963)

Cross references. —

For presiding officers pro tempore, see AS 24.10.020 .

Opinions of attorney general. —

It is impossible for a newly appointed member of the legislature to receive salary until he is sworn in as a member of the legislature pursuant to this section. 1959 Alas. Op. Att'y Gen. No. 20.

Sec. 24.05.180. Committees.

1. Each house shall have standing committees to facilitate the transaction of business in accordance with the rules of the legislature.  The rules may provide for the appointment of special committees, as needed, by the presiding officer of each house.  The legislature shall provide for the use of joint committees to facilitate and expedite business.
2. [Repealed by § 7 ch 100 SLA 1963.]

History. (§ 20 ch 157 SLA 1959; am § 1 ch 143 SLA 1961; am § 7 ch 100 SLA 1963)

Collateral references. —

72 Am. Jur. 2d, States, Territories, and Dependencies, §§ 53-55.

Sec. 24.05.182. Review of administrative regulations by standing committees of the legislature.

1. A standing committee of the legislature  may, consistent with  the committee’s jurisdiction as provided in the uniform rules  of the legislature, review  a proposed  or adopted regulation, amendment of a regulation, or repeal of a regulation .
2. [Repealed, § 23 ch. 7 SLA 2018.]
3. [Repealed, § 23 ch. 7 SLA 2018.]
4. [Repealed, § 23 ch. 7 SLA 2018.]

History. (§ 4 ch 1 SLA 1982; am §§ 3, 23 ch 7 SLA 2018)

Revisor’s notes. —

Enacted as AS 24.99.001. Renumbered as AS 24.37.010 in 1982. Renumbered again in 1985.

Effect of amendments. —

The 2018 amendment, effective August 1, 2018, in (a), substituted “may, consistent with the committee’s jurisdiction as provided in the uniform rules of the legislature,” for “furnished notice of a proposed action under AS 44.62.190 shall” substituted “a proposed or adopted regulation” for “the proposed regulation” and deleted “before the date the regulation is scheduled by the department or agency to be adopted, amended, or repealed” at the end; repealed (b) – (d).

Sec. 24.05.184. Termination of interim committee membership.

When a member of the legislature who serves on a committee created during a between-session interim by either house or its presiding officers, the legislative council or the Legislative Budget and Audit Committee, files a declaration of candidacy for an elective office other than that of member of either house of the legislature, and the member has not resigned from membership on the interim committee, the member’s interim committee membership terminates on the date of filing.

History. (§ 5 ch 11 SLA 1975)

Revisor’s notes. —

Formerly AS 24.05.087 . Renumbered in 1985.

Sec. 24.05.186. Legislative hearings on initiatives certified by the lieutenant governor.

1. A standing committee of the legislature, selected jointly by the presiding officers of the house of representatives and senate, shall hold at least one hearing on an initiative that the lieutenant governor has determined was properly filed under AS 15.45.160 .
2. The standing committee selected jointly by the presiding officers of the house of representatives and senate under (a) of this section shall hold at least one hearing under this section within 30 days after the convening of the legislative session preceding the statewide election at which the initiative proposition must appear on the election ballot under AS 15.45.190 .

History. (§ 15 ch 73 SLA 2010)

Editor’s notes. —

Under § 16, ch. 73, SLA 2010, this section applies “to an initiative, the application for which is filed with the lieutenant governor under AS 15.45.020 on or after September 9, 2010.”

Sec. 24.05.188. Federal statutes, regulations, presidential executive orders and actions, and secretarial orders and actions.

After receiving a report from the attorney general under AS 44.23.020(h) that a state law is in conflict with a federal statute, regulation, presidential executive order or action, or secretarial order or action that is unconstitutional or was not properly adopted in accordance with federal statutory authority, the house and senate committees having jurisdiction over judicial matters may each consider whether legislative action is necessary in response to the findings by the attorney general.

History. (§ 2 ch 53 SLA 2013)

Cross references. —

For legislative findings relating to the enactment of this section, see sec. 1, ch. 53, SLA 2013 in the 2013 Temporary and Special Acts.

Effective dates. —

Section 4, ch. 53, SLA 2013, makes this section effective June 21, 2013, in accordance with AS 01.10.070(c) .

Sec. 24.05.190. Control of legislative space.

1. The state capitol, with the exception of the capitol space now occupied by the Office of the Governor, and space occupied in any other state building by the legislature or its agencies is under the control of and subject to assignment by the Legislative Affairs Agency as directed by the legislature. The Legislative Affairs Agency is responsible for the equitable allocation of parking spaces at the capitol according to the needs of the legislature and other agencies occupying capitol offices.
2. Access to legislative space during sessions is generally governed by the uniform rules of the legislature and by (a) of this section.  During a session of the legislature a person not a member or an authorized employee of the legislature or its agencies may not, without the invitation of the presiding officer or the house, enter upon the floor of either house while it is sitting, or enter upon the floor of either house during a recess or when adjourned for the day, without the invitation of a member of that house.

History. (§ 21 ch 157 SLA 1959; am § 5 ch 47 SLA 1961; am § 3 ch 126 SLA 1966; am § 1 ch 10 SLA 1976)

Sec. 24.05.200. [Renumbered as AS 24.20.061.]

Sec. 24.05.210. [Renumbered as AS 24.20.132.]

Sec. 24.08.010. General procedure.

The procedure for handling bills from the time of their prefiling or introduction until they become law is provided in this chapter subject to implementing rules adopted by the legislature. Resolutions shall be handled in accordance with the provisions of the uniform rules of the legislature.

History. (§ 29 ch 157 SLA 1959; am § 26 ch 71 SLA 1972)

Revisor’s notes. —

Formerly AS 24.30.010 . Renumbered in 1985.

Cross references. —

For resolutions generally, see Rule 49, Uniform Rules of the Alaska State Legislature; for resolutions proposing constitutional amendments, see AS 24.08.200 ; for resolutions disapproving executive orders, see AS 24.08.210 .

For related constitutional provisions, see Alaska Const., art. II, § 14.

Sec. 24.08.020. Subject of bills.

The subject of each bill shall be expressed in its title and every bill shall be confined to one subject unless it is an appropriation bill or one codifying, revising, or rearranging existing laws. The limitation to one subject shall be liberally construed to permit the subject to include all matters that reasonably can be considered germane to the subject in accomplishing the legal objective of the bill.

History. (§ 30 ch 157 SLA 1959)

Revisor’s notes. —

Formerly AS 24.30.020. Renumbered in 1985.

Cross references. —

For related constitutional provisions, see Alaska Const., art. II, § 13.

Sec. 24.08.030. Appropriation bills.

Bills for appropriation shall be confined to appropriations and shall include the amount involved and the purpose, method, manner, and other related conditions of payment.

History. (§ 31 ch 157 SLA 1959)

Revisor’s notes. —

Formerly AS 24.30.030. Renumbered in 1985.

Cross references. —

For related constitutional provisions, see Alaska Const., art. II, § 13.

Sec. 24.08.035. Fiscal notes on bills.

1. Before a bill or resolution, except an appropriation bill, is reported from the committee of first referral, there shall be attached to the bill a fiscal note containing an estimate of the amount of the appropriation increase or decrease that would result from enactment of the bill for the current fiscal year and five succeeding fiscal years or, if the bill has no fiscal impact, a statement to that effect shall be attached. The fiscal note or statement shall be prepared in conformity with the requirements of this section by the department or departments affected and may be reviewed by the office of management and budget. The fiscal note or statement shall be delivered to the committee requesting it within three days of the request. If the bill is presented by the governor for introduction in accordance with AS 24.08.060(b) and the uniform rules of the legislature, the fiscal note or statement shall be attached to the bill before the bill is introduced. An amendment or a substitute bill proposed by a committee of referral that changes the fiscal impact of a bill shall be explained in a revised fiscal note or statement attached to the bill.
2. In addition to the fiscal note required by this section, the sponsor of a bill or resolution may prepare a fiscal note in conformity with the requirements of this section and submit it to the committee of first referral or the finance committee. A committee may prepare an additional fiscal note in conformity with the requirements of this section.
3. A fiscal note for a bill or resolution must contain the following information:
   1. the fiscal impact on existing programs;
   2. the fiscal impact of new programs or activities;
   3. a line item detail of the fiscal impact;
   4. the source of funds expected to be utilized by general fund source, federal fund source, or other identified source;
   5. the number of new positions that may be required, identified as full-time, part-time, or temporary;
   6. an analysis of how the figures in the fiscal note were derived;
   7. additional information necessary to explain the fiscal note;
   8. a fiscal impact projection for the current fiscal year and for the succeeding five fiscal years; and
   9. formal information consisting of
      1. the bill or resolution number,
      2. the name of the prime sponsors,
      3. the date the fiscal note was prepared,
      4. the name of the committee requesting the fiscal note,
      5. the name and phone number of the person who prepared the fiscal note, and
      6. the budget request unit, program, or subprogram affected.
4. The original of a fiscal note shall be submitted to the Division of Legislative Finance and copies shall be sent to the prime sponsor, the committee requesting the fiscal note, and the office of management and budget.
5. [Repealed, § 2 ch 64 SLA 1992.]
6. In addition to the other requirements of this section, if a bill directs an agency in the executive branch of state government to adopt, amend, or repeal a regulation or will result in an agency’s adopting, amending, or repealing a regulation, the department affected shall include in the fiscal note for the bill a specific time by which the agency shall adopt, amend, or repeal the regulation. If the agency is not able to meet the deadline set in the fiscal note, the agency shall set a new deadline.
7. In (f) of this section, “agency” includes the Alaska Housing Finance Corporation, the Alaska Industrial Development and Export Authority, the Alaska Energy Authority, the Alaska Public Offices Commission, and the Alaska Oil and Gas Conservation Commission, but does not include other boards or commissions.

History. (§ 1 ch 153 SLA 1968; am § 1 ch 20 SLA 1972; am § 1 ch 42 SLA 1976; am § 2 ch 60 SLA 1979; am §§ 3, 4 ch 63 SLA 1983; am §§ 1, 2 ch 64 SLA 1992; am § 4 ch 34 SLA 2007; am § 1 ch 42 SLA 2012; am § 23 ch 7 SLA 2018)

Revisor’s notes. —

Formerly AS 24.30.035. Renumbered in 1985.

Effect of amendments. —

The 2012 amendment, effective July 1, 2012, added (f) and (g).

The 2018 amendment, effective August 1, 2018, repealed (f)(2).

Sec. 24.08.036. Fiscal notes on bills affecting state retirement systems.

Before a bill which would have an effect on the retirement systems of the state is reported to the rules committee, there shall be attached to the bill an analysis of the long-term and short-term costs to the state if the bill is adopted, as well as the impact of the bill on the actuarial soundness of the fund. The analysis is in addition to the fiscal note requirements of AS 24.08.035 .

History. (§ 2 ch 130 SLA 1977; am § 3 ch 60 SLA 1979; am § 81 ch 6 SLA 1984)

Revisor’s notes. —

Enacted as AS 24.30.037. Renumbered as AS 24.30.036 in 1977. Renumbered again in 1985.

Sec. 24.08.037. General obligation bond bills.

A bill authorizing the issuance of general obligation bonds creating a state debt for capital improvements shall contain a statement of the scope of each project included in the proposed bond issue. The statement shall include a brief description of each capital improvement project, its location, and, in dollars, that portion of the total bond issue to be allocated to the project.

History. (§ 2 ch 70 SLA 1973; am § 30 ch 197 SLA 1975)

Revisor’s notes. —

Formerly AS 24.30.037. Renumbered in 1985.

Cross references. —

For provisions relating to the responsibility of the director to provide statements of the scope of bond projects with sample ballots, see AS 15.15.040(b) .

Sec. 24.08.040. Enacting clause.

The enacting clause for each bill shall be: “Be it enacted by the Legislature of the State of Alaska.”

History. (§ 32 ch 157 SLA 1959)

Revisor’s notes. —

Formerly AS 24.30.040. Renumbered in 1985.

Cross references. —

For related constitutional provisions, see Alaska Const., art. II, § 13.

Sec. 24.08.050. Prefiling of bills and resolutions.

Any member of the legislature whose term extends into a forthcoming session or legislature, or a member-elect may file a bill or resolution or a proposal for a bill or resolution with the Legislative Affairs Agency at any time before January 1. The agency shall place a prefiled bill or resolution, which is approved by the sponsor, in proper form and deliver it to the chief clerk of the appropriate house on the day on which the next session convenes or is organized for business. Prefiled bills or resolutions shall be considered as introduced on the day of their delivery to each house.

History. (§ 33 ch 157 SLA 1959; am § 9 ch 47 SLA 1961; am § 37 ch 32 SLA 1971; am § 1 ch 20 SLA 1975)

Revisor’s notes. —

Formerly AS 24.30.050. Renumbered in 1985.

Sec. 24.08.060. Introduction of bills and resolutions.

1. A member of the legislature or a committee chairman, with the concurrence of a majority of the active members of the committee and on behalf of the committee, may introduce a bill or resolution.  Bills and resolutions shall be prepared and introduced in the manner and form prescribed in the uniform rules and the legislative style manual.
2. Bills introduced by the legislative council shall be delivered with a letter of explanation to the rules committee of either house and bear the inscription “Rules Committee by Request of the Legislative Council”; bills introduced by the Legislative Budget and Audit Committee shall be delivered with a letter of explanation to the rules committee of either house and bear the inscription “Rules Committee by Request of the Legislative Budget and Audit Committee”; bills presented by the governor shall be delivered with a letter to the rules committee of either house and bear the inscription “Rules Committee by Request of the Governor”; bills so presented and inscribed shall be received as bills carrying the approval of the governor as to policy and budget impact. The governor may submit a statement of purpose and effect with each bill and appear personally or through a representative before any committee considering legislation.

History. (§ 34 ch 157 SLA 1959; am § 10 ch 47 SLA 1961; am § 1 ch 2 SLA 1971; am § 38 ch 32 SLA 1971; am § 27 ch 71 SLA 1972; am § 1 ch 2 SLA 1977; am § 4 ch 7 SLA 2018)

Revisor’s notes. —

Formerly AS 24.30.060. Renumbered in 1985.

Effect of amendments. —

The 2018 amendment, effective August 1, 2018, in (b), deleted “bills introduced by the administrative regulation review committee shall be delivered with a letter of explanation to the rules committee of either house and bear the inscription ‘Rules Committee by Request of the Administrative Regulation Review Committee’” preceding “bills introduced by the Legislative Budget and Audit Committee”, and made stylistic changes.

Sec. 24.08.070. Numbering of bills.

The chief clerk of the house in which the bill is introduced shall number it in the order of its introduction and thereafter the bill shall be designated by the number given to it.

History. (§ 35 ch 157 SLA 1959; am § 11 ch 47 SLA 1961)

Revisor’s notes. —

Formerly AS 24.30.070. Renumbered in 1985.

Sec. 24.08.080. Readings.

A bill may not become law unless it has passed three readings in each house on three separate days, except that a bill may be advanced from second to third reading on the same day by concurrence of three-fourths of the house considering it.

History. (§ 36 ch 157 SLA 1959)

Revisor’s notes. —

Formerly AS 24.30.080. Renumbered in 1985.

Cross references. —

For related constitutional provisions, see Alaska Const., art. II, § 14.

Sec. 24.08.090. Vote on passage.

A bill may not become law without the affirmative vote of a majority of the membership of each house. The yeas and the nays on final passage shall be recorded in the journal.

History. (§ 37 ch 157 SLA 1959)

Revisor’s notes. —

Formerly AS 24.30.090. Renumbered in 1985.

Cross references. —

For related constitutional provisions, see Alaska Const., art. II, § 14.

Sec. 24.08.100. Action upon veto.

When the governor vetoes a bill or by veto strikes or reduces an item in an appropriation bill, during a regular session of the legislature, the legislature shall proceed to act in accordance with art. II, sec. 16, Constitution of the State of Alaska, as it is implemented by the rules of the legislature. A bill vetoed after adjournment of the first regular session shall be reconsidered by the legislature sitting as one body no later than the fifth day of the next regular or special session convened during that legislature. Bills vetoed after adjournment of the second regular session shall be reconsidered by the legislature sitting as one body no later than the fifth day of a special session of that legislature, if one is called.

History. (§ 38 ch 157 SLA 1959; am § 2 ch 67 SLA 1975)

Revisor’s notes. —

Formerly AS 24.30.100. Renumbered in 1985.

Cross references. —

For related constitutional provisions, see Alaska Const., art. II, § 16.

Sec. 24.08.105. Record of votes.

The voting record for each legislator shall be made available to any person on request. The Legislative Affairs Agency shall keep voting records compiled annually under this section on the agency data system and shall distribute copies to all legislative information offices for a fee established under AS 40.25.115 .

History. (§ 12 ch 200 SLA 1990)

Revisor’s notes. —

In 2000, “AS 40.25.115 ” was substituted for “AS 09.25.115” to reflect the 2000 renumbering of AS 09.25.115.

Sec. 24.08.110. Bills carry over.

A bill introduced but not receiving final action in the first regular session of a legislature carries over in the same reading or status into the second regular session of the same legislature.

History. (§ 40 ch 157 SLA 1959)

Revisor’s notes. —

Formerly AS 24.30.120 . Renumbered in 1985.

Sec. 24.08.200. Constitutional amendments.

The legislature may propose amendments to the state constitution through the adoption of a joint resolution by an affirmative vote of two-thirds of the membership of each house. Resolutions proposing constitutional amendments shall be treated as bills.

History. (§ 41 ch 157 SLA 1959)

Revisor’s notes. —

Formerly AS 24.30.130(a). Renumbered in 1985.

Cross references. —

For related constitutional provisions, see Alaska Const., art. XIII, § 1.

Sec. 24.08.210. Executive orders.

An executive order proposing a change in the executive branch and requiring the force of law under art. III, sec. 23, Constitution of the State of Alaska shall be submitted to the presiding officer of each house on the day the house organizes. The legislature has 60 days of a regular session, or a full session if of shorter duration to disapprove the order. Unless disapproved by a special concurrent resolution introduced in either house, concurred in by a majority of the members in joint session, the order becomes effective at a date thereafter to be designated by the governor. An order submitted to but not disapproved by the legislature shall be published in the bound session laws and any codification of state law.

History. (§ 12 ch 47 SLA 1961)

Revisor’s notes. —

Formerly AS 24.30.130(b). Renumbered in 1985.

Sec. 24.08.300. Delivery by governor.

When the governor has signed a bill or allowed it to become law without the governor’s signature, and when the governor has signed or noted resolutions, the governor’s office is to deliver the original enrolled copy of each law or resolution to the executive director of the Legislative Affairs Agency. The director shall sign for each bill and resolution, and when it has been photographed for duplication it shall be returned on receipt to the office of the governor.

History. (§ 7 ch 126 SLA 1966; am § 37 ch 53 SLA 1973)

Revisor’s notes. —

Formerly AS 24.35.010(a). Renumbered in 1985.

Sec. 24.08.310. Filing and effect.

The lieutenant governor shall file the original enrolled copies of all acts and resolutions and all executive orders having the effect of law that were submitted by the governor to the legislature and that were not rejected by it. These documents shall be kept on file for at least two years. All laws and executive orders having the force of law in the cumulative supplements to or replacement pamphlets for the Alaska Statutes are prima facie a part of the Alaska Statutes.

History. (§ 7 ch 126 SLA 1966; am § 39 ch 32 SLA 1971)

Revisor’s notes. —

Formerly AS 24.35.010(b). Renumbered in 1985.

Sec. 24.08.320. Session laws.

The Legislative Affairs Agency is responsible for arranging for the production, editing, publishing, and distribution of the laws of each session. The executive director shall have the slip law copies of the enrolled acts produced in sufficient quantity for one complete set to be provided each legislator pending the publication of supplements to the Alaska Statutes. The commissioner of education and early development is to receive sufficient copies of the slip laws for official state distribution and the commissioner may charge for other distribution on the basis of production and handling costs.

History. (§ 27 ch 157 SLA 1959; am § 7 ch 47 SLA 1961; am § 7 ch 126 SLA 1966; am § 40 ch 32 SLA 1971; am E.O. No. 56 § 2 (1984))

Revisor’s notes. —

Formerly AS 24.35.010(c). Renumbered in 1985.

In 1999, “commissioner of education” was changed to “commissioner of education and early development” in this section in accordance with § 89, ch. 58, SLA 1999.

Sec. 24.08.330. Distribution of Alaska Statutes.

1. The Department of Education and Early Development is responsible for making official distribution of the Alaska Statutes to state executive branch agencies. The administrative director of the Alaska Court System is responsible for distribution to the court system. Distribution shall be made on the basis of written lists submitted by the department and the court system to the Legislative Affairs Agency within 90 days after the last day of each regular session of the legislature. A legislator is entitled to receive one set of the statutes for the member’s personal use, and this entitlement is restricted to the one set issued during a member’s entire legislative service. The commissioner of education and early development may deposit one set of the statutes in each free public library within the state. The right of sale to persons and organizations remains exclusively with the publisher.
2. Agencies receiving sets of the Alaska Statutes shall mark each volume or binder received “Property of the State of Alaska.”

History. (§§ 4, 5 ch 16 SLA 1962; am § 41 ch 32 SLA 1971; am § 38 ch 53 SLA 1973; am E.O. No. 56 § 3 (1984); am § 39 ch 50 SLA 1989; am § 15 ch 99 SLA 2004; am § 33 ch 8 SLA 2011)

Revisor’s notes. —

Formerly AS 24.35.020. Renumbered in 1985.

In 1999, in (a) of this section, “commissioner of education” was changed to “commissioner of education and early development” and “Department of Education” was changed to “Department of Education and Early Development” in accordance with § 89, ch. 58, SLA 1999.

Sec. 24.10.010. Legislative officers.

The senate shall elect from its membership a presiding officer who shall be called the “President of the Senate” and the house of representatives shall elect from its membership a presiding officer who shall be called the “Speaker of the House of Representatives.” The presiding officer of each house shall have such powers, duties, and prerogatives as may be assigned them under the rules of the legislature and by law.

History. (§ 16(1) ch 157 SLA 1959; am § 1 ch 47 SLA 1961)

Sec. 24.10.020. Presiding officers pro tempore.

The majority leader of each house serves as the presiding officer pro tempore of that house if the elected presiding officer resigns, becomes incapacitated, or dies. The presiding officer pro tempore is authorized to perform the duties of that office until the house elects a regular presiding officer, and the election shall be made the order of business of the house at the earliest appropriate hour.

History. (§ 16(1) ch 157 SLA 1959; am § 1 ch 47 SLA 1961)

Sec. 24.10.030. Chief clerk and senate secretary.

Each house shall select from outside its membership a person of known stenographic and administrative ability to serve as chief administrative clerk; a chief clerk in the house of representatives and a secretary in the senate. When nominated and elected in conformity with the uniform rules, they continue to serve for the duration of the legislature at the pleasure of the house to which assigned. Pending the organization of a new legislature, they may continue to serve at the request and direction of the legislative council until their respective houses formally reappoint or replace them. The chief clerk and senate secretary are responsible for the performance of duties provided for by law, the uniform rules, and orders of the house. They may be requested to report to the legislative council for duty for a period not to exceed two weeks immediately preceding the convening of the session and shall remain at the capital until the completion of their work is determined by the director of the council.

History. (§ 16(2) ch 157 SLA 1959; am § 2 ch 47 SLA 1961; am § 2 ch 100 SLA 1963)

Sec. 24.10.040. Legislative fiscal officer.

The fiscal officer of the Legislative Affairs Agency serves as the fiscal officer of the legislature.

History. (§ 16(3) ch 157 SLA 1959; am § 3 ch 47 SLA 1961; am § 35 ch 32 SLA 1971)

Sec. 24.10.050. Other officers.

Provision for the election or appointment of other officers for either or both houses may be made in the rules.

History. (§ 16(4) ch 157 SLA 1959)

Sec. 24.10.060. Legislative employees.

1. The house and senate employees of the legislature are hired for the duration of each session upon the recommendation of the rules committee of each house.  During the interim, house and senate employees are hired with the approval of the president of the senate or the speaker of the house of representatives, as appropriate.
2. Employees assigned to the duplicating, distributing, mailing, and other centralized services are under the immediate supervision of the Legislative Affairs Agency.
3. Except as provided in (e) of this section for hourly employees, all employees of the legislature are employed subject to
   1. classification and wage plans based on the merit principle and adapted to the special needs of the legislature; and
   2. the general state laws regarding leave and retirement.
4. During sessions, all employees of the legislature are employed with the understanding that they will work as many hours as may be required by their supervisors. All employees are on call for duty every day of the session.
5. The permanent interim committees of the legislature, the rules committees, the president of the senate, or the speaker of the house of representatives, as appropriate, may authorize the employment of hourly employees. Hourly employees are subject to the salary schedule set out in AS 39.27.011 and general state laws regarding retirement but are not entitled to receive leave benefits.
6. An employee of the legislative branch of state government who is employed under a personal services contract is not entitled to membership in the public employees’ retirement system (AS 39.35) for employment under the contract. The employee shall be compensated under the state salary schedule set out in AS 39.27.011(a) . The employee is entitled to receive leave benefits and employee health coverage unless the personal services contract provides to the contrary.

History. (§ 17 ch 157 SLA 1959; am § 4 ch 47 SLA 1961; am § 36 ch 32 SLA 1971; am §§ 1, 2 ch 21 SLA 1987; am § 2 ch 22 SLA 1998)

Administrative Code. —

For leave rules, see 2 AAC 8.

Sec. 24.10.100. Salary of legislators.

Legislators shall receive a monthly salary under AS 39.23. The president of the senate and the speaker of the house of representatives may receive additional compensation under AS 39.23 during tenure of office.

History. (§ 2 ch 26 SLA 1961; am § 1 ch 149 SLA 1966; am § 9 ch 193 SLA 1970; am § 4 ch 205 SLA 1975; am § 6 ch 148 SLA 1976; am § 7 ch 263 SLA 1976; am §§ 14, 28 ch 3 SLA 1980; am § 2 ch 83 SLA 1983; am § 1 ch 87 SLA 1985; am § 1 ch 124 SLA 1986; am § 8 ch 4 FSSLA 1996; am § 2 ch 21 SLA 2008)

Revisor’s notes. —

Formerly AS 24.15.020 . Renumbered in 1985.

Under secs. 26 and 28(1), ch. 21, SLA 2008, the amendment to this section made by sec. 2, ch. 21, SLA 2008, took effect July 1, 2009, which was the effective date of the provision of ch. 12, SLA 2009 that fully funded the salary recommendation of the State Officers Compensation Commission dated January 10, 2009.

Opinions of attorney general. —

It is impossible for a newly appointed member of the legislature to receive salary until he is sworn in as a member of the legislature pursuant to AS 24.05.170 . 1959 Alas. Op. Att'y Gen. No. 20.

Collateral references. —

72 Am. Jur. 2d, States, Territories, and Dependencies, § 58.

81A C.J.S., States, §§ 98-102.

Validity and construction of orders and enactments requiring disclosure by public officers and employees, or candidates for office. 22 ALR4th 237.

Sec. 24.10.101. Compensation of legislators. [Effective date repealed, § 27 ch 21 SLA 2008; see also § 18 ch 21 SLA 2008.]

Sec. 24.10.105. Legislative per diem. [Repealed, § 79 ch 63 SLA 1993.]

Sec. 24.10.110. Additional allowances.

In addition, each member of the legislature is entitled to an annual allowance prescribed in accordance with AS 39.23 for postage, stationery, stenographic services, and other expenses.

History. (§ 3 ch 26 SLA 1961; am § 1 ch 8 SLA 1970; am § 10 ch 193 SLA 1970; am § 8 ch 263 SLA 1976)

Revisor’s notes. —

Formerly AS 24.15.030. Renumbered in 1985.

Sec. 24.10.120. Method of payment.

1. Salaries, per diem, travel expenses, relocation expenses, and additional allowances for members of the legislature shall be paid as approved by the legislative fiscal officer. The legislative fiscal officer may not approve payment for a member’s travel outside the United States unless the member first provides a report establishing that the travel has a legislative purpose. The legislative fiscal officer shall provide a form on which a report under this subsection must be submitted.
2. The legislative fiscal officer shall file a travel and compensation report with the legislature’s fiscal office by January 31 of each year. The report must contain detailed information for the previous calendar year of the salaries, per diem, travel expenses, relocation expenses, and any additional allowances for each legislator and each legislative director.

History. (§ 4 ch 26 SLA 1961; am § 3 ch 83 SLA 1983; am § 3 ch 124 SLA 1986; am § 2 ch 83 SLA 1999; am § 3 ch 61 SLA 2018)

Revisor's notes. —

Formerly AS 24.15.040. Renumbered in 1985.

Effect of amendments. —

The 2018 amendment, effective July 20, 2018, in (a), added the second and third sentences. Although the 2018 amendment was to have taken effect July 1, 2018, under sec. 17, ch. 61, SLA 2018, the governor did not sign the bill until July 19, 2018, and so the actual effective date of the amendment was July 20, 2018, under AS 01.10.070(d) .

Editor's notes. —

For provision relating to the severability of the 2018 amendment to this section, see sec. 15, ch. 61, SLA 2018, in the 2018 Temporary and Special Acts.

Sec. 24.10.130. Moving expenses and per diem allowance.

1. A member of the legislature may be entitled to reimbursement for the expenses of moving between the member’s place of residence and the capital city for the purpose of attending a regular session of the legislature.
2. Legislators and officers and employees of the legislative branch of government may be entitled to a per diem allowance; however, if a bill that fully funds an operating budget has not, within the first 121 consecutive days of a regular legislative session, including the day the legislature first convenes in that regular session, been passed by the legislature, a member of the legislature is not entitled to a daily per diem allowance for a day the legislature is in session after that 121-day period until the first day after a bill that fully funds an operating budget is passed by the legislature or the first day of the next regular legislative session, whichever occurs earlier. In this subsection, “passed by the legislature” has the meaning given in AS 01.10.070 .
3. The Alaska Legislative Council shall adopt a policy in accordance with (b) of this section and AS 39.23.540(d) regarding reimbursement for moving expenses and payment of a per diem allowance. The policy must set conditions for the reimbursement for moving expenses and payment of per diem and prescribe the amounts of reimbursement adapted to the special needs of the legislative branch as determined by the council.

History. (§ 1 ch 36 SLA 1959; am § 4 ch 100 SLA 1963; am § 1 ch 106 SLA 1975; am § 29 ch 3 SLA 1980; am § 52 ch 63 SLA 1993; am § 3 ch 21 SLA 2008; am §§ 4, 5 ch 61 SLA 2018)

Revisor's notes. —

Formerly AS 24.15.050. Renumbered in 1985.

Under secs. 26 and 28(1), ch. 21, SLA 2008, the amendment to this section made by sec. 2, ch. 21, SLA 2008, took effect July 1, 2009, which was the effective date of the provision of ch. 12, SLA 2009 that fully funded the salary recommendation of the State Officers Compensation Commission dated January 10, 2009.

Effect of amendments. —

The 2018 amendment, effective July 20, 2018, in (b), added the language beginning “; however if a bill that fully funds an operating budget” through the end of the subsection; in (c), inserted “(b) of this section and” following “in accordance with”, substituted “moving expenses and payment of a per diem allowance” for “moving expenses applicable to all legislators and an applicable per diem allowance policy” at the end of the first sentence. Although the 2018 amendment was to have taken effect July 1, 2018, under sec. 17, ch. 61, SLA 2018, the governor did not sign the bill until July 19, 2018, and so the actual effective date of the amendment was July 20, 2018, under AS 01.10.070(d) .

Editor's notes. —

For provision relating to the severability of the 2018 amendments to this section, see sec. 15, ch. 61, SLA 2018, in the 2018 Temporary and Special Acts.

Sec. 24.10.200. House and senate employees.

1. During the legislative session, house and senate employees of the legislature are compensated under the salary schedule set out in AS 39.27.011 at the rate authorized by the Joint Rules Committee and upon approval of the house and senate. During the interim, house and senate employees are compensated at a rate approved by the president of the senate or the speaker of the house of representatives, as appropriate, consistent with the policies adopted by the Joint Rules Committee and approved by the house and senate.
2. [Repealed, § 11 ch 21 SLA 1987.]

History. (§ 1 ch 13 SLA 1961; am § 1 ch 45 SLA 1965; am § 1 ch 22 SLA 1969; am §§ 3, 11 ch 21 SLA 1987)

Revisor’s notes. —

Formerly AS 24.15.060(a) and (b). Renumbered in 1985.

Sec. 24.10.210. Employees of legislative agencies.

Employees of agencies governed by permanent interim committees of the legislature under AS 24.20 and employees of the committees themselves are compensated under AS 39.27.011 , the general state salary schedule, at levels budgeted and approved by the governing committees in accordance with law. The governing committees shall coordinate with each other on position levels and salary-related policies to every extent possible consistent with the statutory duties and powers of each permanent committee and its agency.

History. (§ 1 ch 85 SLA 1978; am § 4 ch 21 SLA 1987)

Revisor’s notes. —

Formerly AS 24.15.060(c). Renumbered in 1985.

Sec. 24.10.220. Bonuses for legislative employees prohibited.

An employee of the legislature may not be awarded or paid a bonus that is in addition to compensation authorized under AS 24.10.200 and 24.10.210 .

History. (§ 11 ch 53 SLA 2005; am § 5 ch 34 SLA 2007)

Revisor’s notes. —

This section was enacted as § 11, ch. 53, SLA 2005, and codified in 2005.

Sec. 24.15.010. Legislative per diem. [Repealed, § 7 ch 83 SLA 1983.]

Secs. 24.15.020 — 24.15.060. [Renumbered as AS 24.10.100 — 24.10.210.]

Sec. 24.15.070. Conditions of compensation. [Repealed, § 9 ch 126 SLA 1966.]

Sec. 24.20.010. Legislative council established.

The Alaska Legislative Council is established as a permanent interim committee and service agency of the legislature. The establishment of the council recognizes the need of the legislature for full-time technical assistance in accomplishing the research, reporting, bill drafting, and examination and revision of statutes, and general administrative services essential to the development of sound legislation in the public interest.

History. (§ 1 ch 17 SLA 1960)

Cross references. —

For related constitutional provisions, see Alaska Const., art. II, § 11.

Sec. 24.20.020. Membership.

The legislative council is composed of the president of the senate and six other senators appointed by the president, and the speaker of the house of representatives and six other representatives appointed by the speaker. The membership from each house shall include at least one member from each of the two major political parties. The appointing authority in each house shall make and announce the appointment or reappointment of members of the council within 15 days after the convening of the first regular session of each legislature.

History. (§ 2 ch 17 SLA 1960; am § 57 ch 69 SLA 1970; am § 1 ch 1 SLA 1973; am § 1 ch 1 SLA 1975)

Sec. 24.20.030. Term of membership.

1. Members serve for the duration of the legislature during which they are appointed.
2. When a member of the council files a declaration of candidacy for an elective office other than that of member of either house of the legislature, and the member has not resigned from membership on the council, the member’s council membership terminates on the date of filing.

History. (§ 3 ch 17 SLA 1960; am § 1 ch 11 SLA 1975; am § 1 ch 146 SLA 1984)

Sec. 24.20.040. Vacancies.

When a vacancy occurs in the statutory or appointive membership of the council, the presiding officer of the house incurring the vacancy shall fill the vacancy within 30 days. If the office of the president of the senate or speaker of the house of representatives becomes vacant and a vacancy occurs among the appointed members of the council, the remaining council members from the house incurring the vacancy shall appoint a new member. A legislator appointed to fill a vacancy shall be a member of the same political party as the member vacating the seat, when possible.

History. (§ 4 ch 17 SLA 1960; am § 36 ch 53 SLA 1973; am § 2 ch 11 SLA 1975)

Sec. 24.20.050. Executive director and staff.

The council hires an executive director and determines the director’s salary. The executive director shall serve as the executive officer for the council in the accomplishment of its functions through the Legislative Affairs Agency. The executive director serves at the direction and at the pleasure of the council. The executive director is authorized to employ and determine the compensation of the members of the professional and clerical staffs of the agency within the limitation of the budget approved by the council. The executive director and the members of the professional staff shall maintain the integrity of the council’s functions and services on behalf of the legislative branch by refraining from joining or supporting any partisan political organization, faction, or activity that would tend to undermine the essential nonpartisan nature of their functions and services. However, this section does not restrict the executive director or members of the professional staff from expressing private opinion, registering, or voting.

History. (§ 5 ch 17 SLA 1960; am § 4 ch 126 SLA 1966)

Sec. 24.20.055. Information systems.

The executive director of the Legislative Affairs Agency shall establish information systems guidelines and prepare a short-range and long-range information systems plan for the legislative branch. The guidelines and plan must be adapted to the special needs of the legislative branch as determined by the Alaska Legislative Council and, when it is in the agency’s best interest, consistent with the telecommunications information guidelines and plan adopted by the commissioner of administration under AS 44.21.350 — 44.21.390 .

History. (§ 1 ch 25 SLA 2005)

Sec. 24.20.060. Powers.

The legislative council has the power

1. to organize and adopt rules for the conduct of its business;
2. to hold public hearings, administer oaths, issue subpoenas, compel the attendance of witnesses and production of papers, books, accounts, documents, and testimony, and to have the deposition of witnesses taken in a manner prescribed by court rule or law for taking depositions in civil actions when consistent with the powers and duties assigned to the council by AS 24.20.010 — 24.20.140 ;
3. to call upon all state officials, agencies, and institutions to give full cooperation to the council and its executive director by collecting and furnishing information, conducting studies, and making recommendations;
4. in addition to providing the administrative services required for the operation of the legislative branch,
   1. to provide the technical staff assistance in research, reporting, drafting, and counseling requested by standing, interim, and special committees and spot research and drafting services for individual members in conformity with law and legislative rules;
   2. to conduct a continuing program for the revision and publication of the acts of the legislature;
   3. to execute a program for the oversight of the administration and construction of laws by state agencies and the courts through regulations, opinions, and rulings;
   4. to operate and maintain the state legislative reference library;
   5. to do all things necessary to carry out legislative directives and law, and the duties set out in the uniform rules of the legislature;
   6. to sue in the name of the legislature during the interim between sessions if authorized by majority vote of the full membership of the council;
5. to exercise control and direction over all legislative space, supplies, and equipment and permanent legislative help between legislative sessions; the exercise of control over legislative space is subject to AS 36.30.080(c) if the exercise involves the rent or lease of facilities, and to AS 36.30.085 if the exercise involves the acquisition of facilities by lease-purchase or lease-financing agreement;
6. to produce, publish, distribute, and to contract for the printing of reports, memoranda, and other materials it finds necessary to the accomplishment of its work;
7. to take appropriate action for the preconvening and post-session work of each legislative session including the employment one week in advance of each session of not more than 10 temporary legislative employees; the continuing employment of the temporary legislative employees is subject to legislative approval when the session convenes;
8. to establish a legislative internship program on a cooperative basis with the University of Alaska that will provide for the assignment of interns to standing committees of each house of the legislature during regular sessions of the legislature; and
9. to establish reasonable fees for services and materials provided by the Legislative Affairs Agency to entities outside of the legislative branch of state government and charges for collecting the fees; all fees and charges collected under this paragraph shall be deposited into the general fund.

History. (§ 6 ch 17 SLA 1960; am § 5 ch 126 SLA 1966; am § 6 ch 95 SLA 1971; am § 3 ch 57 SLA 1979; am § 10 ch 87 SLA 1979; am § 38 ch 36 SLA 1990; am § 3 ch 75 SLA 1994)

Revisor’s notes. —

In 1992, former subparagraphs (4)(E)-(G) were relettered as (4)(D)-(F) to reflect the 1971 repeal of former (4)(D).

Sec. 24.20.061. Administrative services for legislature.

All administrative services necessary to the operation of the legislature during and between sessions are provided by the legislative council. These services include procurement, storage, and maintenance of all supplies and equipment; interim control of legislative space; fiscal and personnel services except for the legislative budget and audit committee; supervision of duplicating, distributing, and mailing services; and budget preparation.

History. (§ 23 ch 157 SLA 1959; am § 6 ch 47 SLA 1961; am § 35 ch 53 SLA 1973)

Revisor’s notes. —

Formerly AS 24.05.200 . Renumbered in 1985.

Sec. 24.20.062. Legislative internship program.

A legislative internship program established by the legislative council under AS 24.20.060 (8) shall provide that

1. the University of Alaska provide academic support and credit to the program;
2. students enrolled and in good standing at any accredited postsecondary educational institution who have successfully completed at least two years of study are eligible to participate in the program;
3. interns will be selected by a committee composed of members of the legislature appointed by the legislative council and representatives of the university appointed by the university;
4. interns will be selected on the basis of their experience and interest in subjects which the legislative council feels are likely to be considered during a legislative session;
5. legislative interns are entitled to receive academic credit and payment of $30 for each day of participation in the program during the legislative session.

History. (§ 11 ch 87 SLA 1979)

Sec. 24.20.065. Examination of regulations and opinions.

1. The legislative council shall annually examine administrative regulations, published opinions of state and federal courts and of the Department of Law, and final decisions adopted under AS 44.62 (Administrative Procedure Act) that rely on state statutes or the common law of the state to determine if
   1. the courts and agencies are properly implementing legislative purposes;
   2. there are court or agency expressions of dissatisfaction with state statutes or the common law of the state;
   3. the opinions, decisions, or regulations indicate unclear or ambiguous statutes;
   4. the courts have modified or revised the common law of the state.
2. The legislative council shall prepare a comprehensive report of the annual examination with recommendations and, at the start of each regular session, notify the legislature that the report is available.

History. (§ 1 ch 72 SLA 1963; am § 1 ch 19 SLA 1989; am § 46 ch 21 SLA 1995)

Sec. 24.20.070. Revision of statutes.

1. The legislature may direct the council to revise the laws of the state in the form of a bulk formal revision.  At the direction of the legislature and within the limit of appropriations made, the council may enter into contracts for the printing, annotating, indexing, and distribution of a revision of the laws of the state.  The council receives sufficient copies of a revision for exchange with other states and jurisdictions.  A revision prepared by the council under authority of this section shall be referred to the legislature for enactment or adoption.
2. Statute revision is a continuing responsibility of the council.  The general and permanent acts of each regular and special session of the legislature shall be integrated with and published as annual supplements to or replacement pamphlets for the Alaska Statutes.

History. (§ 7 ch 17 SLA 1960; am § 5 ch 100 SLA 1963)

Sec. 24.20.075. Alaska Code Revision Commission. [Repealed, § 33 ch 23 SLA 1995.]

Sec. 24.20.080. Intergovernmental cooperation.

The council may encourage and arrange conferences with officials of other states and nations and of other units of government and propose cooperation between this state and other states and nations. The council constitutes the Alaska Commission on Interstate Cooperation in participating in and carrying out the programs of the Council of State Governments as they apply to Alaska. The chairman of the council serves as chairman of the commission.

History. (§ 8 ch 17 SLA 1960; am § 6 ch 126 SLA 1966; am § 1 ch 6 SLA 1972)

Sec. 24.20.090. Assignment of projects.

The council may be assigned projects or subjects for study, reporting, or drafting. Assignment shall be by resolution. The council may determine a schedule of priorities for these and other assignments or requests based on feasibility, time, and the availability of funds and staff.

History. (§ 9 ch 17 SLA 1960)

Sec. 24.20.100. Research and drafting services for legislators.

Members of the legislature may utilize the research and bill drafting services of the Legislative Affairs Agency. Requests by members of the legislature are confidential. Staff services for members of the legislature shall be accomplished subject only to the priority of assignments determined by the council.

History. (§ 10 ch 17 SLA 1960)

Sec. 24.20.105. Review of proposed regulations.

History. [Repealed, § 23 ch 7 SLA 2018.]

Sec. 24.20.110. Meetings.

The legislative council may meet during sessions of the legislature and during intervals between sessions at such times and places inside the state as the chairman may determine. The council shall meet immediately after the appointment of its membership at the first regular session of each legislature for purposes of organization. Minutes of each meeting shall be kept. One-half of the membership constitutes a quorum to do business. Members may receive, for the minimum time required to get to and from meetings and while attending meetings, the same travel fare and per diem allowances provided by law for members of the legislature when attending sessions.

History. (§ 11 ch 17 SLA 1960)

Sec. 24.20.120. Reports.

The council shall prepare a summary report of its findings and recommendations for each legislature and notify the legislature that the report is available. The council shall, from time to time, submit memorandum reports to the legislature on matters referred to it or coming before it. Bills supporting council recommendations may be filed or prefiled in accordance with the uniform rules of the legislature. Reports released by the council are public and may be made available at a reasonable cost.

History. (§ 12 ch 17 SLA 1960; am § 47 ch 21 SLA 1995)

Sec. 24.20.130. Budgets.

The council shall submit a budget of its anticipated needs for each fiscal year to the finance committees of the legislature. The executive director shall annually submit an estimated budget to the governor for information purposes in the preparation of the executive budget. The council staff shall also assist, as needed, in preparing a budget of the anticipated annual needs of the legislature.

History. (§ 13 ch 17 SLA 1960)

Sec. 24.20.132. Legislative budget and expenses.

The estimate of operating expenses for the legislature shall be included in the annual budget submitted by the legislative council. A summary total by major item shall be submitted by the council to the governor for information purposes in the preparation of the executive budget. A detailed budget document shall be submitted to the house and senate finance committees. All disbursements from legislative appropriations shall be certified by the bonded certifying officer designated by the council.

History. (§ 28 ch 157 SLA 1959; am § 8 ch 47 SLA 1961)

Revisor’s notes. —

Formerly AS 24.05.210 . Renumbered in 1985.

Sec. 24.20.140. Appropriations.

1. Appropriations for carrying out AS 24.20.010 — 24.20.140 shall be set out in the appropriation bill authorizing operating expenditures submitted to the legislature under AS 37.07.020(a)(2) or other bills as may be necessary. The council may direct the executive director to transfer amounts from one appropriation to another if the transfer is considered necessary to accomplish the work of the council. The council may not exceed the total amount of the authorized appropriation. All expenditures of the council are subject to an independent audit that shall be made annually.
2. In addition to transfers under (a) of this section, the council may direct the executive director to transfer amounts from any appropriation to an office, agency, or committee in the legislative branch to an appropriation for another office, agency, or committee in the legislative branch. A transfer under this subsection may only be made with the written approval of the head of the legislative office or agency or the chair of the committee to which the appropriation was originally made, and the amount transferred from that appropriation may not exceed the amount indicated in the written approval.

History. (§ 14 ch 17 SLA 1960; am § 2 ch 10 SLA 1976; am § 3 ch 30 SLA 1997; am § 3 ch 59 SLA 1997; am § 6 ch 34 SLA 2007)

Sec. 24.20.150. [Repealed, § 1 ch 95 SLA 1971.]

Sec. 24.20.151. Legislative Budget and Audit Committee established.

The Legislative Budget and Audit Committee is established as a permanent interim committee of the legislature. The establishment of the committee recognizes the need of the legislature for full-time technical assistance in accomplishing the fiscal analysis, budget review, and post-audit functions.

History. (§ 2 ch 95 SLA 1971)

Cross references. —

For related constitutional provisions, see Alaska Const., art. II, § 11.

Sec. 24.20.156. Purposes.

The purposes of the Legislative Budget and Audit Committee include

1. monitoring and reporting
   1. the performance of the agencies of the state that perform lending or investment functions;
   2. the extent to which the performance of these agencies has contributed to the fiscal, financial, economic, and social improvement of the state and its citizens;
   3. the extent to which these agencies and the executive have prepared and coordinated short-term and long-term economic, fiscal, investment, and financial planning;
2. holding these agencies accountable to statutory intent in their performance by recommending, where appropriate, changes in policy to the agencies or changes in legislation to the legislature;
3. annually reviewing the extent of capitalization of the investment funds of the state and alternative investment policy for the general fund surplus and recommending needed legislation.

History. (§ 2 ch 18 SLA 1980)

Sec. 24.20.160. [Repealed, § 1 ch 95 SLA 1971.]

Sec. 24.20.161. Membership.

The Legislative Budget and Audit Committee is composed of 10 members: the chairmen of the senate and house finance committees; one member selected from each of the senate and house finance committees and appointed by the president of the senate and the speaker of the house, respectively; and three members appointed from each house by the respective presiding officer. The chairman of the finance committee may choose not to serve on the committee. If this occurs, the presiding officer of the appropriate house shall appoint a replacement from the finance committee. The membership from each house shall include at least one member from each of the two major political parties. The committee shall select its own chairman.

History. (§ 2 ch 95 SLA 1971)

Sec. 24.20.165. Alternate members.

The Legislative Budget and Audit Committee shall have two alternate members in addition to the members designated in AS 24.20.161 . The president of the senate shall appoint one alternate member from the senate finance committee and the speaker of the house shall appoint one alternate member from the house finance committee. The alternate members shall serve on the committee when a meeting of the committee has been called and the chairman determines that there will not be enough members in attendance at the meeting to provide a quorum. While serving as alternates, the alternate members have the same duties and responsibilities as committee members appointed under AS 24.20.161 , and they are entitled to the same travel and per diem allowances.

History. (§ 1 ch 57 SLA 1979)

Sec. 24.20.170. [Repealed, § 1 ch 95 SLA 1971.]

Sec. 24.20.171. Organization of committee; term of membership.

1. The committee shall be organized within 10 days after the organization of each legislature. Members serve for the duration of the legislature during which they are appointed.
2. When a member of the committee files a declaration of candidacy for an elective office other than that of member of either house of the legislature, and the member has not resigned from membership on the committee, the member’s committee membership terminates on the date of filing.

History. (§ 2 ch 95 SLA 1971; am § 3 ch 11 SLA 1975; am § 2 ch 146 SLA 1984; am § 7 ch 34 SLA 2007)

Sec. 24.20.180. [Repealed, § 1 ch 95 SLA 1971.]

Sec. 24.20.181. Vacancies.

When a vacancy occurs in the statutory or appointive membership of the committee, the presiding officer of the house incurring the vacancy shall choose a successor. If the office of the president of the senate or speaker of the house of representatives becomes vacant and a vacancy from the affected house occurs among the membership of the committee, the remaining committee members from the house incurring the vacancy shall appoint a new member.

History. (§ 2 ch 95 SLA 1971; am § 4 ch 11 SLA 1975)

Sec. 24.20.190. [Repealed, § 1 ch 95 SLA 1971.]

Sec. 24.20.191. Meetings.

The budget and audit committee may meet during sessions of the legislature and during the interim between sessions at such times and places in the state as the chairman may determine. Members may receive, for the minimum time required to get to and from meetings and for the period while attending meetings, the same travel and per diem allowances provided by law for members of the legislature when attending sessions, except that members of the committee receive no per diem during legislative sessions other than the per diem allowance paid to other members of the legislature.

History. (§ 2 ch 95 SLA 1971)

Sec. 24.20.200. [Repealed, § 1 ch 95 SLA 1971.]

Sec. 24.20.201. Powers.

1. The Legislative Budget and Audit Committee has the power to
   1. organize, adopt rules for the conduct of its business, and prescribe procedures for the comprehensive fiscal analysis, budget review, and post-audit functions;
   2. hold public hearings, administer oaths, issue subpoenas, compel the attendance of witnesses and production of papers, books, accounts, documents, and testimony, and have the deposition of witnesses taken in a manner prescribed by court rule or law for taking depositions in civil actions;
   3. require all state officials and agencies of state government to give full cooperation to the committee or its staff in assembling and furnishing requested information;
   4. review revenue projections, state agency appropriation requests, the expenditure of state funds, including the relationship between state agency program accomplishments and legislative intent, and the fiscal policies and procedures of state government;
   5. review and approve proposed changes to agency authorized budgets as provided in AS 37.07 (Executive Budget Act);
   6. make recommendations concerning appropriations, their expenditure, and the fiscal policies and procedures of state government to the governor when appropriate, and to the legislature;
   7. prepare and distribute reports, memoranda, or other necessary materials;
   8. sue in the name of the legislature during the interim between sessions if authorized by majority vote of the full membership of the committee;
   9. [Repealed, § 7 ch 67 SLA 2003.]
   10. make recommendations to the legislature and to agencies of the state that perform lending or investment functions concerning the structure and operating practices of the agencies;
   11. enter into and enforce all contracts necessary or desirable for the functions of the committee;
   12. provide for annual post audits of the Alaska Housing Finance Corporation, the Alaska Aerospace Corporation, and the Alaska Industrial Development and Export Authority.
2. Nothing in this chapter authorizes the referral by the presiding officer of legislation to the committee at regular or special sessions of the legislature.
3. The Legislative Budget and Audit Committee may delegate the powers authorized by (a)(2) of this section to the legislative fiscal analyst and the legislative auditor.

History. (§ 2 ch 95 SLA 1971; am § 1 ch 74 SLA 1977; am § 2 ch 57 SLA 1979; am § 3 ch 18 SLA 1980; am § 32 ch 106 SLA 1980; am § 29 ch 142 SLA 1982; am § 3 ch 88 SLA 1991; am §§ 2, 7 ch 67 SLA 2003)

Revisor’s notes. —

In 1987, “Alaska Industrial Development and Export Authority” was substituted for “Alaska Industrial Development Authority” under § 43, ch. 42, SLA 1987.

In 2009, under § 2, ch. 60, SLA 2009, in this section “Alaska Aerospace Corporation” was substituted for “Alaska Aerospace Development Corporation”.

Sec. 24.20.206. Duties.

The Legislative Budget and Audit Committee shall

1. annually review the long-range operating plans of all agencies of the state that perform lending or investment functions;
2. review periodic reports from all agencies of the state that perform lending or investment functions;
3. prepare a complete report of investment programs, plans, performance, and policies of all agencies of the state that perform lending or investment functions and notify the legislature on or before the first day of each regular session that the report is available;
4. in conjunction with the finance committee of each house, recommend annually to the legislature the investment policy for the general fund surplus and for the income from the permanent fund;
5. provide for an annual post audit and annual operational and performance evaluation of the Alaska Permanent Fund Corporation investments and investment programs;
6. provide for an annual operational and performance evaluation of the Alaska Housing Finance Corporation and the Alaska Industrial Development and Export Authority; the performance evaluation must include, but is not limited to, a comparison of the effect on various sectors of the economy by public and private lending, the effect on resident and nonresident employment, the effect on real wages, and the effect on state and local operating and capital budgets of the programs of the Alaska Housing Finance Corporation and the Alaska Industrial Development and Export Authority;
7. provide assistance to the trustees of the trust established in AS 37.14.400 — 37.14.450 in carrying out their duties under AS 37.14.415 .

History. (§ 2 ch 18 SLA 1980; am § 33 ch 106 SLA 1980; am § 30 ch 142 SLA 1982; am § 2 ch 1 FSSLA 1992; am § 35 ch 126 SLA 1994; am § 48 ch 21 SLA 1995; am § 7 ch 67 SLA 2003; am § 8 ch 34 SLA 2007)

Revisor’s notes. —

In 1987, “Alaska Industrial Development and Export Authority” was substituted for “Alaska Industrial Development Authority” under § 43, ch. 42, SLA 1987.

Sec. 24.20.209. Records.

The Legislative Budget and Audit Committee shall keep a complete file of all reports presented to it and all reports presented by it to the legislature or to a legislative committee.

History. (§ 2 ch 18 SLA 1980)

Sec. 24.20.210. [Repealed, § 1 ch 95 SLA 1971.]

Sec. 24.20.211. Legislative finance division.

The legislative finance division is established as a permanent staff agency responsible to the Legislative Budget and Audit Committee for performance of fiscal analysis and budget review functions.

History. (§ 2 ch 95 SLA 1971)

Sec. 24.20.220. [Repealed, § 1 ch 95 SLA 1971.]

Sec. 24.20.221. Staff.

1. The committee shall hire and determine the salary of the legislative fiscal analyst who shall serve both at the direction and pleasure of the committee.  The fiscal analyst shall serve as head of the finance division and, within the limits of the budget approved by the committee, shall employ and determine the compensation of the professional and clerical staff of the division.
2. The fiscal analyst and members of the professional and clerical staff may not join or support a partisan political organization.  This prohibition does not prevent the fiscal analyst or members of the staff from joining social organizations, expressing private opinion, registering as to party, or voting.

History. (§ 2 ch 95 SLA 1971)

Sec. 24.20.230. [Repealed, § 1 ch 95 SLA 1971.]

Sec. 24.20.231. Duties.

The legislative finance division shall

1. analyze the budget and appropriation requests of each department, institution, bureau, board, commission, or other agency of state government;
2. analyze the revenue requirements of the state;
3. provide the finance committees of the legislature with comprehensive budget review and fiscal analysis services;
4. cooperate with the office of management and budget in establishing a comprehensive system for state budgeting and financial management as set out in AS 37.07 (Executive Budget Act);
5. complete studies and prepare reports, memoranda, or other materials as directed by the Legislative Budget and Audit Committee;
6. with the governor’s permission, designate the legislative fiscal analyst to serve ex officio on the governor’s budget review committee;
7. identify the actual reduction in state expenditures in the first fiscal year following a review under AS 44.66.040 resulting from that review and inform the Legislative Budget and Audit Committee of the amount of the reduction; and
8. not later than the first legislative day of each first regular session of each legislature, conduct a review in accordance with AS 24.20.235 of the report provided to the division under AS 43.05.095 .

History. (§ 2 ch 95 SLA 1971; am § 7 ch 2 SLA 1982; am § 2 ch 63 SLA 1983; am § 1 ch 19 SLA 2013; am § 3 ch 61 SLA 2014)

Delayed repeal of paragraph (7). —

Under sec. 11, ch. 19, SLA 2013, paragraph (7) is repealed July 1, 2023.

Effect of amendments. —

The 2013 amendment, effective July 1, 2013, added (7), and made a related change; repealed (7), effective July 1, 2023.

The 2014 amendment, effective July 8, 2014, added (8) and made related changes.

Sec. 24.20.235. Indirect expenditure report.

1. Every two years, the legislative finance division shall deliver to the chair of the finance committee in each house of the legislature a report analyzing the indirect expenditure report created under AS 43.05.095 for the appropriate agencies listed in this subsection. The first review shall occur in the calendar year set out after each agency’s name, as follows, and subsequent reviews of each agency shall occur every six years:
   1. Department of Commerce, Community, and Economic Development, 2015;
   2. Department of Fish and Game, 2015;
   3. Department of Health and Social Services, 2015;
   4. Department of Labor and Workforce Development, 2015;
   5. Department of Revenue, 2015;
   6. Alaska Court System, 2017;
   7. Department of Administration, 2017;
   8. Department of Education and Early Development, 2017;
   9. Department of Environmental Conservation, 2017;
   10. Department of Natural Resources, 2017;
   11. Department of Transportation and Public Facilities, 2017;
   12. all remaining agencies, 2019.
2. The report prepared under this section must provide
   1. an estimate of the revenue foregone by the state because of the indirect expenditure;
   2. an estimate of the monetary benefit of the indirect expenditure to the recipients of the benefit of the indirect expenditure;
   3. a determination of whether the legislative intent of the indirect expenditure is being met and, if necessary, a determination of why the legislative intent of the indirect expenditure is not being met;
   4. a recommendation as to whether each indirect expenditure should be continued, modified, or terminated, a basis for the recommendation, and the expected effect on the economy of the state if the recommendation is executed; and
   5. an explanation of the methodology and assumptions used in preparing the report.

History. (§ 4 ch 61 SLA 2014)

Effective dates. —

Section 38, ch. 61, SLA 2014 makes this section effective July 8, 2014.

Sec. 24.20.240. [Repealed, § 1 ch 95 SLA 1971.]

Sec. 24.20.241. Legislative audit division.

The legislative audit division is established as a permanent staff agency responsible to the Legislative Budget and Audit Committee for completion of the post-audit function.

History. (§ 2 ch 95 SLA 1971)

Sec. 24.20.250. [Repealed, § 1 ch 95 SLA 1971.]

Sec. 24.20.251. Qualifications and appointment of legislative auditor.

1. The legislative auditor shall be a certified public accountant of this state, or of another state having requirements equivalent to those of this state, with at least five years of practice in the profession, or the equivalent, before the appointment.
2. The Legislative Budget and Audit Committee shall examine persons to serve as legislative auditor and, upon completion of the examination, place the name of the person selected in nomination before the legislature.  If the legislature is not in session, the person nominated shall carry out the duties of the office until the next session of the legislature at which time the name of the person nominated shall be presented to the legislature for appointment.
3. The legislative auditor serves at the pleasure of the legislature.  However, when the legislature is not in session, the auditor may be removed for cause by a majority vote of the Legislative Budget and Audit Committee after notice by, and a hearing before, the committee.

History. (§ 2 ch 95 SLA 1971)

Sec. 24.20.260. [Repealed, § 1 ch 95 SLA 1971.]

Sec. 24.20.261. Staff.

1. The legislative auditor shall serve as head of the audit division and, within the limits of the budget approved by the committee, shall employ and determine the compensation of the professional and clerical staff of the division.
2. The auditor and members of the professional and clerical staff may not join or support any partisan political organization. This prohibition does not prevent the auditor or members of the staff from joining social organizations, expressing private opinion, registering as to party, or voting.

History. (§ 2 ch 95 SLA 1971)

Sec. 24.20.270. [Repealed, § 1 ch 95 SLA 1971.]

Sec. 24.20.271. Powers and duties.

The legislative audit division shall

1. conduct a performance post-audit of boards and commissions designated in AS 44.66.010 and make the audit, together with a written report, available to the legislature not later than the first day of the regular session of the legislature convening in each year set out with reference to boards and commissions whose activities are subject to termination as prescribed in AS 44.66; the division shall notify the legislature that the audit and report are available;
2. conduct a performance review of the agencies listed in AS 44.66.020(a) and make the final review report available to the legislature not later than the first day of the regular session convening in the year after the year designated for each agency performance review in AS 44.66.020(a) ;
3. audit at least once every three years the books and accounts of all custodians of public funds and all disbursing officers of the state;
4. at the direction of the Legislative Budget and Audit Committee, conduct performance post-audits on any agency of state government;
5. cooperate with state agencies by offering advice and assistance as requested in establishing or improving the accounting systems used by state agencies;
6. require the assistance and cooperation of all state officials and other state employees in the inspection, examination, and audit of state agency books and accounts;
7. have access at all times to the books, accounts, reports, or other records, whether confidential or not, of every state agency;
8. ascertain, as necessary for audit verification, the amount of agency funds on deposit in any bank as shown on the books of the bank; no bank may be held liable for making information required under this paragraph available to the legislative audit division;
9. complete studies and prepare reports, memoranda, or other materials as directed by the Legislative Budget and Audit Committee;
10. have direct access to any information related to the management of the University of Alaska and have the same right of access as exists with respect to every other state agency;
11. conduct an audit every two years of information found in the annual reports required under AS 42.05.211 and AS 42.06.220 regarding compliance by the Regulatory Commission of Alaska with the requirements of AS 42.05.175(a) — (e) and of the timeline extensions made by the commission under AS 42.05.175(f) , and of other performance measures adopted by the commission;
12. [Repealed, § 7 ch. 35 SLA 2015.]

History. (§ 2 ch 95 SLA 1971; am § 4 ch 46 SLA 1977; am § 4 ch 149 SLA 1977; am § 49 ch 21 SLA 1995; am § 1 ch 37 SLA 2007; am § 1 ch 51 SLA 2012; am § 2 ch 19 SLA 2013; am § 7 ch 35 SLA 2015)

Delayed repeal of paragraph (2). —

Under sec. 11, ch. 19, SLA 2013, paragraph (2) is repealed July 1, 2023.

Effect of amendments. —

The 2013 amendment, effective July 1, 2013, in (1) deleted “and of those programs and activities of agencies subject to termination as determined in the manner set out in AS 44.66.020 and 44.66.030 ” following “commissions designated in AS 44.66.010 ”, deleted “or agency programs” following “commissions”; added (2); repealed (2), effective July 1, 2023; made related changes throughout the section.

The 2015 amendment, effective July 1, 2015, repealed (12).

Opinions of attorney general. —

Although AS 23.30.110(a) and 43.20.190(a) (now repealed) guarantee confidentiality of records in the Department of Labor and Revenue, paragraph (6) (now paragraph (7)) of this section enables the Division of Audit to have access to the records of every state agency whether confidential or not. 1972 Op. Att’y Gen.

A legislative auditor may not examine confidential records on file for state income tax returns and wage information submitted by employees and employers to the Department of Labor in connection with the administration of the State Employment Security Act to determine if persons receiving assistance from the Department of Health and Social Services under their Adult Public Assistance and Aid to families with dependent children were eligible. Such data is within the ambit of protection intended to be afforded the right of privacy under Alaska Const., art. I, § 22. 1972 Op. Att’y Gen.

Under paragraph (6) (now paragraph (7)), the Legislative Audit Division (division) has the authority to obtain otherwise confidential data from state agencies, and statutory safeguards under AS 24.20.301(a) are in place to protect the confidentiality of that data once it has been transferred; and where the division has assured a commission subject to its request for such records that any confidential material obtained will be returned or destroyed, on balance, disclosure to the division would not impermissibly infringe the right of privacy under Alaska Const., art. I, § 22, and the commission may respond favorably to the request. Mar. 27, 1991 Op. Att’y Gen.

Sec. 24.20.280. [Repealed, § 1 ch 95 SLA 1971.]

Sec. 24.20.281. Special audit.

A member of the legislature may, in writing and with at least six days notice, request that the budget and audit committee direct a special audit of any state agency or determine the propriety of any expenditure of state funds received by any political subdivision or other entity obtaining state funds. Should a majority of the committee vote to approve the request, the legislative audit division shall make the audit.

History. (§ 2 ch 95 SLA 1971)

Sec. 24.20.290. [Repealed, § 1 ch 95 SLA 1971.]

Sec. 24.20.291. Conflict of interest.

The legislative auditor, the supervisor of audit, the legislative fiscal analyst, and members of the staff of the legislative finance and audit divisions may not serve in ex officio or other capacity on any board, except as authorized in AS 24.20.231 (6), commission or other administrative agency of state government; nor may they have a financial interest in transactions involving any agency of state government.

History. (§ 2 ch 95 SLA 1971)

Sec. 24.20.300. [Repealed, § 1 ch 95 SLA 1971.]

Sec. 24.20.301. Records.

1. The legislative audit division shall keep a complete file of all audit reports, performance review reports, and other reports or releases issued by the division, and a complete file of audit work papers, performance review work papers, and other related supportive material. The division shall also keep a complete and accurate record of all fiscal transactions involving the division. Audit records and performance review records are confidential, and audit reports and performance review reports are confidential unless the report has been approved for release under AS 24.20.311 .
2. The legislative finance division shall keep a complete file of all budget reports and other reports or releases issued by the division and a complete and accurate record of all fiscal transactions involving the division.

History. (§ 2 ch 95 SLA 1971; am § 3 ch 146 SLA 1984; am § 3 ch 19 SLA 2013; am § 1 ch 5 SLA 2014)

Effect of amendments. —

The 2013 amendment, effective July 1, 2013, in the third sentence of (a), inserted “and performance review reports” following “confidential and audit reports”.

The 2014 amendment, effective March 26, 2014, in (a), in the first sentence inserted “, performance review reports,” following “all audit reports” and “, performance review work papers,” following “audit work papers”, in the third sentence inserted “and performance review records” following ”Audit records”.

Sec. 24.20.310. [Repealed, § 1 ch 95 SLA 1971.]

Sec. 24.20.311. Reports.

1. The committee shall file copies of its approved audit reports including any committee recommendations with the governor, the agency concerned, and the legislature. An annual report summarizing the audit reports and committee recommendations made during the year shall be filed with the governor and with the legislature on or before the first day of each regular session of the legislature. Reports shall be approved by a majority of the committee before their release and shall be open to public inspection after their release to the legislature.
2. The annual report must include the actual and projected reductions in state expenditures resulting from reviews conducted under AS 44.66.040 .

History. (§ 2 ch 95 SLA 1971; am § 9 ch 34 SLA 2007; am § 4 ch 19 SLA 2013)

Delayed repeal of subsection (b). —

Under sec. 11, ch. 19, SLA 2013, subsection (b) is repealed July 1, 2023.

Effect of amendments. —

The 2013 amendment, effective July 1, 2013, added (b), and made a related change; repealed (b), effective July 1, 2023.

Secs. 24.20.320 — 24.20.370. [Repealed, § 1 ch 95 SLA 1971.]

Secs. 24.20.400 — 24.20.460. Administrative Regulation Review Committee.

History. [Repealed, § 23 ch 7 SLA 2018.]

Secs. 24.20.500 — 24.20.570. Legislative board of retirement benefits. [Repealed, § 40 ch 146 SLA 1980.]

Secs. 24.20.600 — 24.20.630. Citizens’ Oversight Council on Oil and Other Hazardous Substances. [Repealed, § 43 ch 128 SLA 1994.]

Sec. 24.20.650. Joint Armed Services Committee established.

1. The Joint Armed Services Committee is established as a permanent interim committee of the legislature.
2. The committee is composed of
   1. five members of the senate, at least one of whom is a member of the minority, appointed by the president of the senate;
   2. five members of the house of representatives, at least one of whom is a member of the minority, appointed by the speaker of the house of representatives;
   3. a state resident, other than a member of the state legislature, who is appointed jointly by the president of the senate and the speaker of the house of representatives after considering the recommendations of the Alaska chapters of each of the following organizations:
      1. the Association of the United States Army;
      2. the Air Force Association;
      3. the Navy League of the United States;
      4. the Marine Corps Association;
   4. a state resident, other than a member of the state legislature, who is appointed jointly by the president of the senate and the speaker of the house of representatives after considering the recommendation of the Seventeenth Coast Guard District Auxiliary;
   5. a state resident, other than a member of the state legislature, who is appointed jointly by the president of the senate and the speaker of the house of representatives after considering the recommendation of the mayor of the Municipality of Anchorage;
   6. a state resident, other than a member of the state legislature, who is appointed jointly by the president of the senate and the speaker of the house of representatives after considering the recommendation of the mayor of the Fairbanks North Star Borough;
   7. a state resident, other than a member of the state legislature, who is appointed jointly by the president of the senate and the speaker of the house of representatives after considering the recommendation of the adjutant general of the Department of Military and Veterans’ Affairs; and
   8. a state resident, other than a member of the state legislature, who is appointed jointly by the president of the senate and the speaker of the house of representatives after considering the joint recommendations of the Alaska Federation of Natives and the Alaska Municipal League.

History. (§ 2 ch 6 SLA 1999)

Cross references. —

For related constitutional provisions, see Alaska Const., art. II, § 11.

Sec. 24.20.655. Terms of office; vacancies.

1. Each legislative member serves for the duration of the legislature during which the member is appointed. Each public member serves for three years. An individual who has served on the committee may be reappointed.
2. A legislator ceases to be a member of the Joint Armed Services Committee if the legislator ceases to be a member of the house from which the legislator was appointed. When a seat on the committee becomes vacant, it shall be filled within 30 days in the manner of the original appointment. An individual appointed to fill a vacancy serves for the remainder of the term to which appointed.

History. (§ 2 ch 6 SLA 1999)

Sec. 24.20.660. Travel and per diem allowances.

Members of the Joint Armed Services Committee are entitled to reimbursement for travel expenses. Members of the committee shall receive per diem allowances in accordance with the policy adopted by the legislative council under AS 24.10.130(c) .

History. (§ 2 ch 6 SLA 1999)

Sec. 24.20.665. Meetings.

1. Eight members of the Joint Armed Services Committee constitute a quorum.
2. The committee members shall select one member from the senate and one member from the house of representatives to serve as co-chairs of the committee.
3. The committee may meet during sessions of the legislature and during intervals between sessions at the times and places the co-chairs may determine. Whenever possible, meetings shall be teleconferenced to reduce travel cost.

History. (§ 2 ch 6 SLA 1999)

Sec. 24.20.670. Administration.

The legislative council shall provide administrative and other services to the Joint Armed Services Committee. Within the limits of the amounts made available to the committee by the legislative council, the committee may make expenditures and enter into contracts to carry out the purposes of AS 24.20.650 — 24.20.675 . Contracts must be approved by a majority of the members of the committee and are otherwise subject to procedures adopted by the legislative council under AS 36.30.020 .

History. (§ 2 ch 6 SLA 1999)

Sec. 24.20.675. Powers and duties.

1. The Joint Armed Services Committee shall
   1. monitor the military base realignment and closure activities of the federal government for bases in the state;
   2. work on specific realignments and closures proposed by the federal government for bases in the state;
   3. work with the state’s congressional delegation regarding federal military base realignments and closings in the state;
   4. attend meetings and hearings related to federal realignments and closures of military bases in the state and provide testimony as necessary;
   5. review the effect on the state and its communities of federal realignments and closures of military bases in the state;
   6. monitor the development of the national ballistic missile defense system and work with the congressional delegation of the state, other state and local government organizations, and community groups to advocate and expedite the deployment of the system in this state;
   7. investigate opportunities to increase joint and combined military training in the state;
   8. advocate the stationing of reconfigured power projection forces at bases located in the state; and
   9. prepare and submit a report of its activities to the legislature on the first day of each second regular session.
2. The committee may appoint a citizens’ advisory board. Individuals appointed to an advisory board may not receive reimbursement for travel expenses or per diem allowances.

History. (§ 2 ch 6 SLA 1999)

Sec. 24.20.680. Legislative review. [Repealed, § 23 ch 179 SLA 2004.]

Sec. 24.25.010. Issuance and form of subpoena.

1. A subpoena requiring the attendance of a witness before either house of the legislature may be issued by the president or the speaker.
2. A subpoena requiring the attendance of a witness before a standing or special committee of the legislature may be issued by the chairman of a committee when authorized to do so by a majority of the membership of the committee and with the concurrence of the president or the speaker, or with the concurrence of the house or the senate.
3. A subpoena requiring the attendance of a witness before an interim committee established by either house of the legislature, or by both, may be issued by the chairman of a committee when authorized to do so by a majority of the membership of the committee and with the concurrence of the president or the speaker.
4. The subpoena is sufficient if
   1. it states before whom the proceeding is held;
   2. it is addressed to the witness;
   3. it requires the attendance of the witness at a time and place certain;
   4. it is signed
      1. by the president or the speaker under (a) of this section, or
      2. by the committee chairman with the concurrence of the president or the speaker under (b) and (c) of this section.
5. This section does not apply to the legislative council or to the Legislative Budget and Audit Committee.

History. (§ 4-4-1 ACLA 1949; am § 1 ch 94 SLA 1975)

Cross references. —

For legislative council’s power to issue subpoenas, see AS 24.20.060 (2). For legislative budget and audit committee’s power to issue subpoenas, see AS 24.20.201(a)(2) .

Collateral references. —

72 Am. Jur. 2d, States, Territories, and Dependencies, § 50.

Sec. 24.25.020. Service of subpoena.

A person over the age of 19 years who is competent as a witness in the state courts may serve the subpoena. The person’s affidavit that the person delivered a copy to the witness is evidence of service.

History. (§ 4-4-2 ACLA 1949; am § 8 ch 245 SLA 1970)

Sec. 24.25.030. Disobeying subpoena or refusing to testify.

If a witness neglects or refuses to obey a subpoena, or neglects or refuses to testify or to produce upon reasonable notice any material and proper books, papers, or documents in the possession or under the control of the witness, the senate or house of representatives may by resolution entered on its journal commit the witness for contempt. If contempt is committed before a committee, the committee shall report the contempt to the senate or house of representatives, as the case may be, for such action as may be considered necessary.

History. (§ 4-4-3 ACLA 1949)

Collateral references. —

17 Am. Jur. 2d, Contempt, §§ 238-240.

Perjury or false swearing as contempt, 89 ALR2d 1258.

Sec. 24.25.040. Arrest for disobedience to subpoena.

A witness who neglects or refuses to attend in obedience to subpoena may be arrested by the sergeant-at-arms and brought before the senate or house of representatives, as the case may be. The only warrant or authority necessary authorizing arrest is a copy of a resolution of the senate or house of representatives signed by the president of the senate or speaker of the house of representatives, as the case may be, and countersigned by the secretary of the senate or the clerk of the house of representatives, as the case may be.

History. (§ 4-4-4 ACLA 1949)

Sec. 24.25.050. Witness fees and mileage.

A person appearing before either house, or both, or a legislative committee in response to a subpoena is entitled to $20 for each day’s attendance, and for the time necessary in coming and returning to the person’s place of residence and mileage at the rate of 15 cents a mile for the distance traveled in going to and returning from the place of attendance. The witness fee and mileage fee shall be paid out of the state treasury upon presentation of a certificate of attendance and mileage due, signed by the presiding officer of the house that authorized issuance of subpoena.

History. (§ 4-4-5 ACLA 1949; am § 1 ch 31 SLA 1951)

Sec. 24.25.060. Oath and penalty for violation of oath.

The president of the senate and speaker of the house of representatives and the chairman of every committee of either body may administer an oath to a witness appearing before the respective bodies. A person who wilfully swears or affirms falsely concerning any matter material to the subject under investigation or inquiry is guilty of perjury and upon conviction is punishable by imprisonment for not less than one year nor more than five years.

History. (§ 4-4-6 ACLA 1949)

Collateral references. —

60A Am. Jur. 2d, Perjury, § 1 et seq.

Perjury or false swearing as contempt, 89 ALR2d 1258.

Sec. 24.25.070. Grant of immunity on claim of privilege of self-incrimination.

1. A person called as a witness before the senate, house of representatives, or a committee of either or both, who refuses to answer any question or to produce any book, paper, or document relating to the matter under inquiry, on the ground that the answer or the production may tend to incriminate the person, may be granted immunity from punishment for the offense to which the question or evidence relates by resolution of the house that is conducting the inquiry.  The resolution shall be entered upon its journal, and the witness may then be compelled to answer the question or produce the evidence.
2. If a witness is granted immunity and compelled to testify or produce evidence after claiming the privilege of self-incrimination, the witness may not thereafter be prosecuted in any court for the offense to which the question or evidence relates.

History. (§ 4-4-7 ACLA 1949)

Sec. 24.25.080. Punishment for disobedience to subpoena or refusal to testify.

A person subpoenaed as provided in this chapter who fails, neglects, or refuses to attend at the time and place where the person’s presence is required, or fails, neglects, or refuses to produce the books, papers, or instruments or other evidence designated in the subpoena, or who having attended in response to the subpoena, or having appeared voluntarily, refuses to testify as to any material and proper matter within the power of the senate, house of representatives, or a committee to investigate, upon conviction, is punishable by a fine of not less than $100 nor more than $500, or by imprisonment for not less than 30 days nor more than six months.

History. (§ 4-4-8 ACLA 1949)

Secs. 24.30.010 — 24.30.100. [Renumbered as AS 24.08.010 — 24.08.100.]

Sec. 24.30.110. Effective date of laws. [Repealed, § 9 ch 126 SLA 1966. For current law see AS 01.10.070.]

Sec. 24.30.120. [Renumbered as AS 24.08.110.]

Sec. 24.30.130. [Renumbered (a) as AS 24.08.200 and (b) as AS 24.08.210.]

Secs. 24.35.010 and 24.35.020. [Renumbered as AS 24.08.300 — 24.08.330.]

Sec. 24.37.010. [Renumbered as AS 24.05.182.]

Sec. 24.40.010. Immunities.

A legislator may not be held to answer before any other tribunal for any statement made in the exercise of legislative duties while the legislature is in session. A member attending, going to, or returning from legislative sessions is not subject to civil process and is privileged from arrest except for felony or breach of the peace. The immunities provided in this section extend to a legislator attending, going to, or returning from a meeting of an interim standing or special committee of the legislature of which the legislator is a member. For the purposes of going to and returning from a session or meeting, the immunities provided extend to a legislator for a period of five days immediately preceding and following the legislator’s attendance at the session or meeting.

History. (§ 8 ch 157 SLA 1959)

Cross references. —

For constitutional provisions on legislative immunity, see Alaska Const., art. II, § 6.

Opinions of attorney general. —

A “session” is the sitting of the legislature during the period of time that it is convened as a legislature to do business as a legislative body. 1959 Alas. Op. Att'y Gen. No. 8.

The privilege from arrest does not extend to those violations of our law which constitute a “felony or breach of the peace.” In these two categories a member of the state legislature stands in the eyes of the law as any other citizen. 1959 Alas. Op. Att'y Gen. No. 8.

Members of the state legislature, while “going to,” “attending” or “returning from” a legislative session enjoy an absolute immunity against civil process. 1959 Alas. Op. Att'y Gen. No. 8.

Immunity against civil process cannot be waived by the legislator since the Alaska immunity is intended to protect the public as well as serve the convenience of the legislators. 1959 Alas. Op. Att'y Gen. No. 8.

Members of the legislature have only a “privilege” from arrest, which must be asserted or it may be deemed waived. See 1959 Alas. Op. Att'y Gen. No. 8.

The immunity of legislators under this section runs from the time the member is “going to” or “returning from” a legislative session, 24 hours a day, seven days a week from the time that the legislature is convened to the time that it adjourns sine die. 1959 Alas. Op. Att'y Gen. No. 8.

Executions are “civil process.” 1959 Alas. Op. Att'y Gen. No. 8.

A legislator is immune from all civil process during the legislative session, including garnishment of wages; garnishment under a continuing writ must therefore be suspended at least five days before the session begins and may not be reinstated until after the session adjourns pursuant to AS 24.40.010 . Dec. 10, 1986 Op. Att’y Gen.

Collateral references. —

Nature and extent of privilege accorded public statements, relating to subject of legislative business or concern, made by member of state or local legislature or council outside of formal proceedings. 41 ALR4th 1116.

Sec. 24.40.020. Continuance in a criminal proceeding where defendant, defense attorney, or witness is a member of the legislature.

Upon a showing that the attorney of record at the time of the defendant’s first appearance in the court of record or a principal witness or a party in a criminal proceeding is a member of the legislature and that the legislature is in session or that a legislative interim committee of which the legislator is a member is meeting or is to meet within the next seven days, the defendant is entitled to a reasonable continuance of the date of trial until at least 15 days after the legislative session or interim committee meeting. However, a continuance for this reason shall not exceed 30 days after recess of the legislature or interim committee. A continuance may not be granted for any longer time than it is affirmatively proved the ends of justice require.

History. (§ 1 ch 44 SLA 1959)

Sec. 24.40.030. [Repealed, § 39 ch 53 SLA 1973.]

Sec. 24.40.031. Postponement of civil proceedings when a party or attorney is a member of the legislature.

When it appears that a party or an attorney of record of a party to a civil action is a member of the legislature of this state, and that the legislature is in session, the action shall be continued until 10 days after the legislature has adjourned, unless the party or attorney upon the call of the action for trial waives the benefit of this section. When it appears that a party or an attorney of record of a party to a civil action is a member of the Alaska Legislative Council, the Legislative Budget and Audit Committee, or one of their subcommittees, the action shall be continued when the legislative council, budget and audit committee, or the subcommittee, as the case may be, is holding a meeting, unless the party or attorney upon the call of the action for trial waives the benefit of this section. When it is necessary to file a brief or memorandum of law in an action that has been continued under the provisions of this section, the action shall be continued for a time sufficient to prepare and file the brief or memorandum.

History. (§ 1 ch 131 SLA 1974)

Sec. 24.45.010. [Repealed, § 1 ch 167 SLA 1976.]

Sec. 24.45.011. Purpose.

The legislature finds and declares that the operation of responsible representative democracy requires that the fullest opportunity be afforded to the people to petition their government for the redress of grievances and to express freely to individual members of the legislature, to its committees, and to officials of the executive branch, their opinions on pending legislation or administrative actions; and that the people are entitled to know the identity, income, expenditures, and activities of those persons who pay, are paid or reimbursed for expenses, or who make expenditures or other payments in an effort to influence legislative or administrative action.

History. (§ 2 ch 167 SLA 1976)

Sec. 24.45.020. [Repealed, § 1 ch 167 SLA 1976.]

Sec. 24.45.021. Administration.

1. This chapter shall be administered by the Alaska Public Offices Commission created under AS 15.13.020(a) .
2. The commission shall adopt regulations under AS 44.62 (Administrative Procedure Act) to implement the provisions of this chapter.

History. (§ 2 ch 167 SLA 1976)

Administrative Code. —

For Alaska public offices commission complaints and investigations, see 2 AAC 50, art. 3.

For regulation of lobbying, see 2 AAC 50, art. 4.

Sec. 24.45.030. [Repealed, § 1 ch 167 SLA 1976.]

Sec. 24.45.031. Powers and duties.

1. In addition to its other duties under this chapter, the commission shall
   1. prescribe the forms for registration, reports, statements, notices, and other documents required by this chapter;
   2. prepare and publish instructions setting out the methods of accounting, bookkeeping, and preservation of records required to facilitate compliance with and enforcement of this chapter and explaining the duties of persons subject to the provisions of this chapter; the instructions shall be updated periodically;
   3. provide assistance to persons in complying with the provisions of this chapter;
   4. prepare and publish a biennial report of its activities, findings, and recommendations under this chapter, which shall be made available to the governor, legislature, and to the public by February 1 of each odd-numbered calendar year; the commission shall notify the legislature that the report is available;
   5. report suspected violations of this chapter to the attorney general;
   6. administer an annually updated training course that promotes adherence to high ethical standards of professional conduct and teaches lobbyists and employers of lobbyists how to comply with laws that regulate lobbyists.
2. The commission may
   1. hold hearings and conduct investigations into compliance with the provisions of this chapter;
   2. in conjunction with (1) of this subsection, issue subpoenas, compel the attendance and testimony of witnesses, administer oaths and affirmations, and require the production of books, papers, records, documents, or other items material to the commission’s duties or powers under this chapter;
   3. prepare, publish, and make available to the public, periodic, but at least biannually, summaries of the statements and reports received; these summaries shall list separately individual lobbyists and employers of lobbyists.

History. (§ 2 ch 167 SLA 1976; am § 12 ch 126 SLA 1994; am § 50 ch 21 SLA 1995; am § 10 ch 6 SLA 1998; am § 11 ch 47 SLA 2007)

Administrative Code. —

For regulation of lobbying, see 2 AAC 50, art. 4.

Sec. 24.45.040. [Repealed, § 1 ch 167 SLA 1976.]

Sec. 24.45.041. Registration; disqualification.

1. Before engaging in lobbying, a lobbyist shall file a registration statement on a form prescribed by the commission.
2. The registration form prescribed by the commission must include
   1. the lobbyist’s full name and complete permanent residence and business address and telephone number, as well as any temporary residential and business address and telephone number in the state capital during a legislative session;
   2. the full name and complete address of each person by whom the lobbyist is retained or employed;
   3. whether the person from whom the lobbyist receives compensation employs the person solely as a lobbyist or whether the person is a regular employee performing other services for the employer that include but are not limited to the influencing of legislative or administrative action;
   4. the nature or form of the lobbyist’s compensation for engaging in lobbying, including salary, fees, or reimbursement for expenses received in consideration for, or directly in support of or in connection with, the influencing of legislative or administrative action;
   5. a general description of the subjects or matters on which the registrant expects to lobby or to engage in the influencing of legislative or administrative action;
   6. the full name and complete address of the person, if other than the registrant, who has custody of the accounts, books, papers, bills, receipts, and other documents required to be maintained under this chapter;
   7. the identification of a legislative employee or public official to whom the lobbyist is married or who is the domestic partner of the lobbyist;
   8. a sworn affirmation by the lobbyist that the lobbyist has completed the training course administered by the commission under AS 24.45.031(a) within the 12-month period preceding the date of registration or registration renewal under this chapter, except that this paragraph does not apply to a person who is a representational lobbyist as defined under regulations of the commission;
   9. a sworn affirmation by the lobbyist that the lobbyist has not been previously convicted of a felony involving moral turpitude; in this paragraph, “felony involving moral turpitude” has the meaning given in AS 15.80.010 , and includes convictions for a violation of the law of this state or a violation of the law of another jurisdiction with elements similar to a felony involving moral turpitude in this state.
3. At the option of the registrant, the registration form may be accompanied by four two and one-half inch by two and one-half inch black and white photographs of the lobbyist.  The photographs may not be more than five years old.  These photographs shall be included in the directory published under (e) of this section.
4. If a change occurs in any of the information contained in a registration statement filed under (a) of this section, or in any accompanying document, an appropriate amendment shall be filed with the commission within 10 days after the change.
5. Within 15 days after the convening of each regular session of the legislature, the commission shall publish a directory of registered lobbyists, containing the information prescribed in (b) of this section for each lobbyist and the photograph, if any, furnished by a lobbyist under (c) of this section. From time to time thereafter, the commission shall publish those supplements to the directory that in the commission’s judgment may be necessary. The directory shall be made available to public officials and to the public at the following locations: a public place adjacent to the legislative chambers in the state capitol building, the office of the lieutenant governor, the legislative reference library of the Legislative Affairs Agency, and the commission’s central office.
6. Each lobbyist shall renew the registration annually by filing a new registration statement together with a new authorization to act as a lobbyist before engaging in lobbying. The lobbyist also shall file any reports or statements the lobbyist has failed to file for a previous reporting period.  The commission may not renew lobbying credentials until this provision is complied with.
7. An application for registration as a lobbyist under (a) of this section or for renewal of a registration under (f) of this section is subject to a fee of $250. The commission may not accept an application for registration or renew a registration until the fee is paid. This subsection does not apply to a volunteer lobbyist under AS 24.45.161 or a representational lobbyist under regulations of the commission.
8. Upon request of the commission, information required under this section shall be submitted electronically.
9. A person may not register if the person has been previously convicted of a felony involving moral turpitude in violation of a law of this state or the law of another jurisdiction with elements similar to a felony involving moral turpitude in this state.
10. In this section,
    1. “felony involving moral turpitude” has the meaning given in AS 15.80.010 ;
    2. “previously convicted” means the defendant entered a plea of guilty, no contest, or nolo contendere, or has been found guilty by a court or jury; “previously convicted” does not include a conviction that has been set aside under AS 12.55.085 or a similar procedure in another jurisdiction, or that has been reversed or vacated by a court.

History. (§ 2 ch 167 SLA 1976; am § 39 ch 36 SLA 1990; am § 12 ch 74 SLA 1998; am § 9 ch 22 SLA 2001; am §§ 20 — 22 ch 108 SLA 2003; am § 10 ch 34 SLA 2007; am §§ 12, 13 ch 47 SLA 2007)

Revisor’s notes. —

In 2010, in (b)(9) and (j)(1) of this section, “AS 15.80.010 ” was substituted for “AS 15.60.010” to reflect the 2010 renumbering of AS 15.60.010.

Administrative Code. —

For regulation of lobbying, see 2 AAC 50, art. 4.

Sec. 24.45.050. [Repealed, § 1 ch 167 SLA 1976.]

Sec. 24.45.051. Reports.

1. Each lobbyist registered under AS 24.45.041 shall file with the commission a report concerning the lobbyist’s activities during each reporting period prescribed in AS 24.45.081 , so long as the lobbyist continues to engage in lobbying activities. The report shall be made on a form prescribed by the commission and filed in accordance with AS 24.45.071 and 24.45.081 . Upon request of the commission, information required under this section shall be submitted electronically. The report also must include any changes in the information required to be supplied under AS 24.45.041(b) and the following information for the reporting period, as applicable:
   1. the source of income, as defined in AS 39.50.200(a) and the monetary value of all payments, including but not limited to salary, fees, and reimbursement of expenses, received in consideration for or directly or indirectly in support of or in connection with influencing legislative or administrative action, and the full name and complete address of each person from whom amounts or things of value have been received and the total monetary value received from each person;
   2. the aggregate amount of disbursements or expenditures made or incurred during the period in support of or in connection with influencing legislative or administrative action by the lobbyist, or on behalf of the lobbyist by the lobbyist’s employer in the following categories:
      1. food and beverages;
      2. living accommodations;
      3. travel;
   3. the date and nature of any gift exceeding $100 in value made to a public official and the full name and official position of that person;
   4. the name and official position of each public official, and the name of each member of the immediate family of any of these officials, with whom the lobbyist has engaged in an exchange of money, goods, services, or anything of more than $100 in value and the nature and date of each of these exchanges and the monetary values exchanged;
   5. the name and address of any business entity in which the lobbyist knows or has reason to know that a public official is a proprietor, partner, director, officer or manager, or has a controlling interest, and whom the lobbyist has engaged in an exchange of money, goods, services, or anything of value and the nature and date of each exchange and the monetary value exchanged if the total value of these exchanges is $100 or more in a calendar year; and
   6. a notice of termination if the lobbyist has ceased the lobbying activity that required registration under this chapter and if this report constitutes the final report of the lobbyist’s activities.
2. [Repealed, § 13 ch. 61 SLA 2018.]

History. (§ 2 ch 167 SLA 1976; am § 23 ch 108 SLA 2003; am § 14 ch 47 SLA 2007; am § 13 ch 61 SLA 2018)

Administrative Code. —

For regulation of lobbying, see 2 AAC 50, art. 4.

Effect of amendments. —

The 2018 amendment, effective July 20, 2018, repealed (b). Although the 2018 amendment was to have taken effect July 1, 2018, under sec. 17, ch. 61, SLA 2018, the governor did not sign the bill until July 19, 2018, and so the actual effective date of the amendment was July 20, 2018, under AS 01.10.070(d) .

Sec. 24.45.060. [Repealed, § 1 ch 167 SLA 1976.]

Sec. 24.45.061. Reports by employers of lobbyists.

1. Within 15 days after employing, retaining, or contracting for the employment or retention of a lobbyist, the person who employs, retains, or who contracts for the services of a lobbyist shall file a statement with the commission authorizing or verifying that employment, retention, or contract for lobbying services.
2. A person who employs, retains, or who contracts for the services of one or more lobbyists, whether independently or jointly with other persons, and who directly or indirectly makes payments to influence legislative or administrative action shall file a quarterly report containing
   1. the full name, complete business address and telephone number of the person making the report;
   2. information sufficient to identify the nature and interests of the person making the report;
   3. the total amount of payments made to influence legislative or administrative action during the period, and the name and address of each person to whom these payments have been made during the period by the maker of the report, together with the date and amount;
   4. the date and nature of any gift exceeding $100 in value made to any public official and the full name and official position of the recipient of each gift;
   5. a general description of the legislative or administrative action that the person making the report has attempted to influence;
   6. the name of each lobbyist employed or retained by the person making the report, together with the total amount paid to each lobbyist and the portion of that amount, if any, that was paid for specific purposes, including salary, fees, and reimbursement for expenses; and
   7. a notice of termination if the person filing a report has ceased employing or retaining a lobbyist registered under this chapter and if this report constitutes the final report of the lobbyist’s activities on behalf of the maker of the report.
3. Upon request of the commission, information required under this section shall be submitted electronically.

History. (§ 2 ch 167 SLA 1976; am § 24 ch 108 SLA 2003)

Administrative Code. —

For regulation of lobbying, see 2 AAC 50, art. 4.

Sec. 24.45.070. [Repealed, § 1 ch 167 SLA 1976.]

Sec. 24.45.071. Certification of reports.

Every statement or report required to be filed under this chapter must identify the full name of the person preparing it, the person’s complete address and telephone number, and shall be certified as complete and correct, both by the person preparing it and by the person on whose behalf it is filed.

History. (§ 2 ch 167 SLA 1976)

Administrative Code. —

For regulation of lobbying, see 2 AAC 50, art. 4.

Sec. 24.45.080. [Repealed, § 1 ch 167 SLA 1976.]

Sec. 24.45.081. Reporting periods.

Reports required under this chapter shall be filed during the calendar month following each calendar month during any part of which the legislature was in session and during the month following each calendar quarter when the legislature was not in session. However, if a lobbyist registered under this chapter has declared that the lobbyist seeks only to influence administrative action and not legislative action the lobbyist need only file a report required under this chapter for each calendar quarter. The period covered shall be the calendar month or the calendar quarter, as applicable, and shall in any event cover the period from the date of the last report filed under this chapter to the date of the end of the calendar month or quarter, as applicable, for which the report is being filed. The period covered shall not include any months covered in previous reports filed by the same person. When total amounts are required to be reported, totals shall be stated both for the period covered by the statement and for the entire calendar year to date.

History. (§ 2 ch 167 SLA 1976)

Administrative Code. —

For regulation of lobbying, see 2 AAC 50, art. 4.

Sec. 24.45.090. [Repealed, § 1 ch 167 SLA 1976.]

Sec. 24.45.091. Publication of reports.

Copies of the statements and reports filed under this chapter shall be made available to the public at the commission’s central office, the office of the lieutenant governor, the legislative reference library of the Legislative Affairs Agency, and at the commission’s district offices prescribed in AS 15.13.020(j) as soon as practicable after each reporting period.

History. (§ 2 ch 167 SLA 1976)

Sec. 24.45.100. [Repealed, § 1 ch 167 SLA 1976.]

Sec. 24.45.101. Public records.

Statements and reports filed under this chapter are public records and shall be available for public inspection and copying during normal business hours at the expense of the person requesting copies; however, the charge for copying may not exceed actual cost to the commission.

History. (§ 2 ch 167 SLA 1976)

Sec. 24.45.110. [Repealed, § 1 ch 167 SLA 1976.]

Sec. 24.45.111. Preservation of records.

1. A person required to register or report as a lobbyist or as a person who employs, retains, or contracts for the services of a lobbyist shall preserve all accounts, bills, receipts, books, papers, and documents necessary to substantiate the reports required to be made and filed under this chapter for a period of at least six years from the date of the filing of the report containing these items. These accounts, bills, receipts, books, papers, and other documents shall be made available for inspection by the commission, or members of its staff, at any time. If a lobbyist is required under the terms of the lobbyist’s employment contract to turn any records over to the employer, responsibility for the preservation of these records under this section rests with the employer.
2. The commission shall preserve the statements and reports required to be filed under this chapter for a period of six years from the date of filing.  If the commission’s central office is not in the state capital, copies of all statements and reports filed under this chapter shall be maintained in an office established by the commission in the state capital or in the office of the lieutenant governor.

History. (§ 2 ch 167 SLA 1976; am § 4 ch 95 SLA 2008)

Sec. 24.45.116. Disclosure of contributions.

A civic league or organization shall report the total amount of contributions received for the reporting period and, for any contribution over $100, the name of the contributor and the amount contributed. The civic league or organization may establish a separate fund to account for receipts and expenditures arising out of activities to influence legislative action. Reports shall be made on a form provided by the commission on February 10, April 25, and July 10 of each year, listing contributions received during the period that ended 10 days earlier. Upon request of the commission, information required under this section shall be submitted electronically.

History. (§ 5 ch 133 SLA 1977; am § 48 ch 14 SLA 1987; am § 25 ch 108 SLA 2003)

Revisor’s notes. —

Enacted as AS 24.45.121 . Renumbered in 1977.

Sec. 24.45.120. [Repealed, § 1 ch 167 SLA 1976.]

Sec. 24.45.121. Prohibitions.

1. A lobbyist may not
   1. engage in any activity as a lobbyist before registering under AS 24.45.041 ;
   2. do anything with the intent of placing a public official under personal obligation to the lobbyist or to the lobbyist’s employer;
   3. intentionally deceive or attempt to deceive any public official with regard to any material fact pertinent to pending or proposed legislative or administrative action;
   4. cause or influence the introduction of a legislative measure solely for the purpose of thereafter being employed to secure its passage or its defeat;
   5. cause a communication to be sent to a public official in the name of any fictitious person or in the name of any real person, except with the consent of that person;
   6. accept or agree to accept any payment in any way contingent upon the defeat, enactment, or outcome of any proposed legislative or administrative action;
   7. serve as a member of a state board or commission, if the lobbyist’s employer may receive direct economic benefit from a decision of that board or commission;
   8. serve as a campaign manager or director, serve as a campaign treasurer or deputy campaign treasurer on a finance or fund-raising committee, host a fund-raising event, directly or indirectly collect contributions for, or deliver contributions to, a candidate, or otherwise engage in the fund-raising activity of a legislative campaign or campaign for governor or lieutenant governor if the lobbyist has registered, or is required to register, as a lobbyist under this chapter, during the calendar year; this paragraph does not apply to a representational lobbyist as defined in the regulations of the Alaska Public Offices Commission, and does not prohibit a lobbyist from making personal contributions to a candidate as authorized by AS 15.13 or personally advocating on behalf of a candidate;
   9. offer, solicit, initiate, facilitate, or provide to or on behalf of a person covered by AS 24.60 a gift, other than food or a nonalcoholic beverage for immediate consumption under AS 24.60.080(a)(2)(A) , or a compassionate gift under AS 24.60.075 ; however, this paragraph does not prohibit a lobbyist from providing
      1. a gift to a legislator or legislative employee who is a member of the lobbyist’s immediate family as defined in AS 24.60.990(a) , if the gift is unconnected to the recipient’s legislative status;
      2. tickets to a charity event described in AS 24.60.080(a)(2)(B) ; or
      3. a contribution to a charity event under AS 24.60.080(c)(10) ;
   10. make or offer a gift or a campaign contribution whose acceptance by the person to whom it is offered would violate AS 24.60 or AS 39.52.
2. A person may not employ for pay or any consideration, or pay or agree to pay consideration to, a person to lobby who is not registered under AS 24.45.041 unless that person registers and that person does in fact so register before engaging in lobbying.
3. A former member of the legislature may not engage in activity as a lobbyist before the legislature for a period of one year after the former member has left the legislature. This subsection does not prohibit a former member from acting as a volunteer lobbyist described in AS 24.45.161(a)(1) or a representational lobbyist as defined under regulations of the commission.
4. An individual may not, at any time that AS 39.52 prohibits that individual from engaging in activity as a lobbyist, register as a lobbyist under this chapter or engage in any activity as a lobbyist. This subsection does not prohibit registration or service as a volunteer lobbyist described in AS 24.45.161(a)(1) or a representational lobbyist, as defined in regulation by the commission.
5. The spouse or domestic partner of a legislator may not engage in activity as a lobbyist. This subsection does not prohibit the spouse or domestic partner from acting as a volunteer lobbyist under AS 24.45.161(a)(1) or a representational lobbyist, as defined in regulation by the commission.

History. (§ 2 ch 167 SLA 1976; am § 1 ch 159 SLA 1984; am §§ 37, 38 ch 127 SLA 1992; am § 26 ch 48 SLA 1996; am § 1 ch 115 SLA 2003; am § 1 ch 10 SLA 2006; am §§ 15, 16 ch 47 SLA 2007; am § 1 ch 94 SLA 2008; am § 6 ch 61 SLA 2018)

Cross references. —

For provisions relating to the applicability of AS 15.13 to certain persons if a court determines that persons who are not individuals must be allowed to contribute to candidates or groups, see § 30, ch. 48, SLA 1996 in the Temporary and Special Acts.

For limitations on lobbying by public entities, see AS 44.99.030 .

Administrative Code. —

For regulation of lobbying, see 2 AAC 50, art. 4.

Effect of amendments. —

The 2018 amendment, effective July 20, 2018, in (a)(9), substituted “food or a nonalcoholic beverage for immediate consumption under AS 24.60.080(a)(2)(A) ,” for “food or beverage for immediate consumption” following “a gift, other than”. Although the 2018 amendment was to have taken effect July 1, 2018, under sec. 17, ch. 61, SLA 2018, the governor did not sign the bill until July 19, 2018, and so the actual effective date of the amendment was July 20, 2018, under AS 01.10.070(d) .

Editor’s notes. —

Section 33(a), ch. 48, SLA 1996 provides that the amendment to this section made by § 26, ch. 48, SLA 1996 takes effect only if the lieutenant governor determines that §§ 1 — 32, ch. 48, SLA 1996 are substantially the same as the law proposed by the initiative identified as Initiative Petition 95 CFPO. The lieutenant governor communicated her determination to that effect to the initiative sponsors by letter dated May 29, 1996. See also May 21, 1996 Op. Att’y Gen. Accordingly, under § 35, ch. 48, SLA 1996, this amendment to this section takes effect January 1, 1997.

For provision relating to the severability of the 2018 amendment to this section, see sec. 15, ch. 61, SLA 2018, in the 2018 Temporary and Special Acts.

Sec. 24.45.130. [Repealed, § 1 ch 167 SLA 1976.]

Sec. 24.45.131. Examination of statements, reports.

1. The commission or its staff shall examine each statement or report filed under this chapter within 10 days after the date it is filed. A person required to file a statement or report under this chapter shall be notified immediately if
   1. it appears that the person has failed to file a statement or report as required by law or that the statement or report filed does not conform to the requirements of this chapter; or
   2. a written complaint is filed with the commission by any person alleging that a statement or report filed with the commission does not conform to the requirements of this chapter, or to the truth, or that a person subject to the provisions of this chapter has failed to file a statement or report in the manner prescribed by this chapter.
2. The commission shall conduct an investigation, and may thereafter conduct a hearing, into an allegation under (a)(2) of this section.
3. The commission shall report any suspected violations of this chapter to the attorney general, to a district attorney in the judicial district where the alleged violation occurred, or to a grand jury.
4. If a member of the commission files a complaint, that member of the commission may not participate in any proceeding of the commission relating to the complaint.

History. (§ 2 ch 167 SLA 1976; am §§ 5, 6 ch 95 SLA 2008)

Administrative Code. —

For Alaska public offices commission complaints and investigations, see 2 AAC 50, art. 3.

For regulation of lobbying, see 2 AAC 50, art. 4.

Sec. 24.45.135. Administrative complaints.

1. A person may file a written complaint alleging that a violation of AS 24.45.121 — 24.45.171 has occurred or is occurring.
2. Complaints filed under (a) of this section must be filed within five years after the date of the alleged violation.

History. (§ 7 ch 95 SLA 2008)

Editor’s notes. —

Section 13(d), ch. 95, SLA 2008 provides that the section “applies to complaints alleging violations of AS 24.45.121 — 24.45.171 that occur on or after January 1, 2009.”

Sec. 24.45.140. [Repealed, § 1 ch 167 SLA 1976.]

Sec. 24.45.141. Civil penalty: Late registration, filing of required statements or reports.

A person who fails to register or to file a properly completed and certified report or statement, as applicable, within the time required by this chapter is subject to a civil penalty of not more than $10 a day for each day the delinquency continues as determined by the commission subject to right of appeal to the superior court. An affidavit stating facts in mitigation may be submitted to the commission by a person against whom a civil penalty is assessed. However, the imposition of the penalties prescribed in this section or in AS 24.45.151 does not excuse the lobbyist or employer of a lobbyist from filing statements or reports required by this chapter.

History. (§ 2 ch 167 SLA 1976)

Administrative Code. —

For regulation of lobbying, see 2 AAC 50, art. 4.

Sec. 24.45.150. [Repealed, § 1 ch 167 SLA 1976.]

Sec. 24.45.151. Criminal penalties.

1. An individual who knowingly violates any provision of this chapter, whether acting for oneself, on behalf of an employer, or in concert with other persons, is, upon conviction, punishable by a fine of not more than $1,000, or by imprisonment for not more than one year, or by both.
2. An individual who knowingly causes, participates in, aids, abets, ratifies, or confirms any violation of a provision of this chapter is, upon conviction, punishable by a fine of not more than $1,000, or by imprisonment for not more than one year, or by both.
3. A person, other than an individual, who knowingly violates any provision of this chapter, whether acting for oneself, on behalf of an employer, or in concert with other persons, or who knowingly causes, participates in, aids, abets, ratifies, or confirms any violation of a provision of this chapter is, upon conviction, punishable by a fine of not more than $10,000 for each offense.
4. A person who knowingly makes a false or misleading report or statement required under this chapter is, upon conviction, punishable by a fine of not more than $1,000, or by imprisonment for not more than one year, or by both.

History. (§ 2 ch 167 SLA 1976)

Sec. 24.45.161. Exemptions.

1. This chapter does not apply to
   1. an individual
      1. who lobbies without payment of compensation or other consideration and makes no disbursement or expenditure for or on behalf of a public official to influence legislative or administrative action other than to pay the individual’s reasonable personal travel and living expenses; and
      2. who limits lobbying activities to appearances before public sessions of the legislature, or its committees or subcommittees, or to public hearings or other public proceedings of state agencies;
   2. an elected or appointed state or municipal public officer or an employee of the state or a municipality acting in an official capacity or within the scope of employment;
   3. any newspaper or other periodical of general circulation, book publisher, radio or television station (including an individual who owns, publishes, or is employed by that newspaper or periodical, radio or television station) that publishes news items, editorials, or other comments, or paid advertisements, that directly or indirectly urge legislative or administrative action if the newspaper, periodical, book publisher, radio or television station, or individual engages in no further or other activities in connection with urging or advocating legislative or administrative action other than to appear before public sessions of the legislature, or its committees or subcommittees, or public hearings or other public proceedings of state agencies;
   4. a person who appears before the legislature or either house, or standing, special, or interim committee, in response to an invitation issued under (c) of this section.
2. Nothing in this chapter may be construed as prohibiting or affecting the rendering of professional services in drafting legislative measures or in advising clients and in rendering opinions as to the construction or effect of proposed or pending legislative or administrative action when these professional services are not otherwise connected with influencing or attempting to influence legislative or administrative action.  Nor does anything in this chapter prevent members of the legislature from discussing with constituents the advisability of passing legislation then pending before, or proposed to be presented to, the legislature.
3. Either house of the legislature by resolution, or both houses of the legislature by concurrent resolution, may invite a person to appear to speak before the legislature or either house with reference to any pending matter.  A standing, special, or interim committee of either house of the legislature may, upon the concurrence of a majority of its members, extend an invitation to any person to appear before the committee to give information in regard to, or explain, any matter pending before the committee.
4. An individual exempt from this chapter under (a)(1) of this section may, at the individual’s option, register and report under this chapter.

History. (§ 2 ch 167 SLA 1976)

Opinions of attorney general. —

One year prohibition on lobbying under the executive branch ethics act (AS 39.52) applies to lobbying the legislature and agencies of the executive branch. This prohibition on lobbying does not apply to a “volunteer lobbyist” or “representational lobbyist.” April 29, 2013 Op. Att’y Gen.

Sec. 24.45.171. Definitions.

In this chapter,

1. “administrative action” means the proposal, drafting, development, consideration, amendment, adoption, approval, promulgation, issuance, modification, rejection, or postponement by any state agency of any rule or regulation, or any other quasi-legislative or quasi-judicial action or proceeding whether or not governed by AS 44.62 (Administrative Procedure Act); “administrative action” does not include
   1. a proceeding or an action to determine the rights or duties of a person under existing statutes, regulations, or policies;
   2. the issuance, amendment, or revocation of a permit, license, or entitlement for use under existing statutes, regulations, or policies by the agency authorized to issue, amend, or revoke the permit, license, or entitlement for use;
   3. the enforcement of compliance with existing law or the imposition of sanctions for a violation of existing law;
   4. procurement activity, including the purchase or sale of property, goods, or services by the agency or the award of a grant contract;
   5. the issuance of, or ensuring compliance with, an opinion or activity related to a collective bargaining agreement including negotiating or enforcing the agreement;
2. “agency” means a state department, division, commission, board, office, bureau, institution, corporation, authority, organization, committee, council or board in the executive branch, or independent of the executive branch, of state government;
3. “commission” means the Alaska Public Offices Commission;
4. “communicate directly” means to speak with a legislator, legislative employee, or public official
   1. by telephone;
   2. by two-way electronic communication; or
   3. in person;
5. “domestic partner” has the meaning given in AS 39.50.200(a) ;
6. “gift”
   1. means any payment to the extent that consideration of equal or greater value is not received;
   2. includes but is not limited to
      1. a loan, loan guarantee, forgiveness of a loan, payment of a loan by a third party, or an enforceable promise to make a payment except when full and adequate consideration is received;
      2. the purchase of tickets for travel or for entertainment events; and
      3. the granting of discounts or rebates for goods or services not extended to the public generally;
   3. does not include
      1. informational or promotional materials, including but not limited to books, reports, pamphlets, calendars, or periodicals; however, payments for travel or reimbursement for expenses may not be considered “informational material”;
      2. food and beverages consumed in places of public accommodation;
7. “immediate family” means the spouse and dependent children of an individual;
8. “individual” means a natural person;
9. “influencing legislative or administrative action” means to communicate directly for the purpose of introducing, promoting, advocating, supporting, modifying, opposing, or delaying or seeking to do the same with respect to any legislative or administrative action;
10. “legislative action” means the preparation, research, drafting, introduction, consideration, modification, amendment, approval, passage, enactment, defeat, or rejection of any bill, resolution, amendment, motion, report, nomination, appointment, or other matter by the legislature, or by a standing, interim, or special committee of the legislature, or by a member or employee of the legislature acting in an official capacity; it includes, but is not limited to, the action of the governor in approving or vetoing a bill or the action of the legislature in considering, overriding, or sustaining that veto and the action of the legislature in considering, confirming, or rejecting an executive appointment of the governor;
11. “lobbyist” means a person who
    1. is employed and receives payments, or who contracts for economic consideration, including reimbursement for reasonable travel and living expenses, to communicate directly or through the person’s agents with any public official for the purpose of influencing legislation or administrative action for more than 10 hours in any 30-day period in one calendar year; or
    2. represents oneself as engaging in the influencing of legislative or administrative action as a business, occupation, or profession;
12. “payment” means the disbursement, distribution, transfer, loan, advance, deposit, gift, or other rendering or tendering of money, property, goods, or services or anything else of value;
13. “payment to influence legislative or administrative action” means any of the following:
    1. a direct or indirect payment to a lobbyist whether for salary, fee, compensation for expenses, or any other purpose, by a person employing, retaining, or contracting for the services of the lobbyist separately or jointly with other persons;
    2. a payment in support of or assistance to a lobbyist or the lobbyist’s activities, including but not limited to the direct payment of expenses incurred at the request or suggestion of the lobbyist;
    3. a payment that directly benefits a public official or a member of the immediate family of that official;
    4. a payment, including compensation, payment, or reimbursement for the services, time, or expenses of an employee for or in connection with direct communication with a public official;
    5. a payment for or in connection with soliciting or urging other persons to enter into direct communication with a public official;
    6. a payment or reimbursement for expenses in the categories set out in AS 24.45.051(a)(2) ;
14. “person”, in addition to the terms set out in AS 01.10.060 includes a labor union; and
15. “public official” or “public officer” means a public official as defined in AS 39.50.200(a) , a member of the legislature, or a legislative director as defined in AS 24.60.990(a) ; however, it does not include a judicial officer or an elected or appointed municipal officer.

History. (§ 2 ch 167 SLA 1976; am § 39 ch 37 SLA 1986; am § 39 ch 127 SLA 1992; am § 26 ch 108 SLA 2003; am §§ 2 — 5 ch 115 SLA 2003; am § 4, 2006 Primary Election Ballot Measure 1; am § 17 ch 47 SLA 2007)

Revisor’s notes. —

Paragraphs (3) and (4) were enacted as paragraph (13) and renumbered in 2003, at which time paragraphs (3) — (12) were renumbered as (5) — (14). Paragraph (5) was enacted as paragraph (15) and renumbered in 2007, at which time paragraphs (5) — (14) were renumbered as (6) — (15).

Administrative Code. —

For regulation of lobbying, see 2 AAC 50, art. 4.

Sec. 24.45.181. Short title.

This chapter may be cited as the Regulation of Lobbying Act.

History. (§ 2 ch 167 SLA 1976)

Sec. 24.50.010. Annual student guests.

The legislature may each year while in session serve as host to one member of each high school in the state for a stay of one week in the capital to observe and learn the legislative process.

History. (§ 1 ch 130 SLA 1962)

Sec. 24.50.020. Selection by schools.

Each high school of the state may annually and before the end of the calendar year select one member of its student body as a legislative guest.

History. (§ 2 ch 130 SLA 1962)

Sec. 24.50.030. Arrangements.

When the representative has been selected under AS 24.50.020 , the principal of the school shall certify the selection to the legislative council. The legislative council is responsible for making all necessary administrative and fiscal arrangements for the transportation and housing of the selected students in coordination with the principals. Funds for the transportation, housing, and meals of the students shall be included in the general appropriation for legislative expenses as budgeted for by the legislative council.

History. (§ 3 ch 130 SLA 1962)

Sec. 24.50.040. Essay contest.

Before leaving the state capital, each legislative guest shall prepare and submit to the director of the Legislative Affairs Agency a paper of not less than 1,000 words entitled “The Legislature Should . . . . . . . . . .”. Each paper shall be examined and judged as to content by the governor, the president of the senate, the speaker of the house of representatives, the minority leader of the senate, and the minority leader of the house. The author of the paper determined best by majority vote shall receive a one-year scholarship to the University of Alaska.

History. (§ 4 ch 130 SLA 1962; am § 40 ch 53 SLA 1973)

Sec. 24.55.010. Office of the ombudsman.

There is created in the legislative branch of the state the office of the ombudsman.

History. (§ 1 ch 32 SLA 1975)

Sec. 24.55.020. Appointment of the ombudsman.

1. A candidate for appointment as the ombudsman shall be nominated by the ombudsman selection committee composed of three members of the senate appointed by the president of the senate and three members of the house of representatives appointed by the speaker of the house.  One member of the minority party caucus in each house shall be appointed to the selection committee.
2. The ombudsman selection committee shall examine persons to serve as ombudsman regarding their qualifications and ability and shall place the name of the person selected in nomination.  The appointment is effective if the nomination is approved by a roll call vote of two-thirds of the members of the legislature in joint session and approved by the governor. However, the governor may veto the appointment and return it, with a statement of objections, to the legislature.  Upon receipt of a veto message the legislature shall meet immediately in joint session and reconsider approval of the vetoed appointment. The vetoed appointment becomes effective by an affirmative vote of two-thirds of the membership of the legislature in joint session. The vote on the appointment and on reconsideration of a vetoed appointment shall be entered in the journals of both houses.
3. The appointment of the ombudsman becomes effective if, while the legislature is in session, the governor neither approves nor vetoes it within 15 days, Sundays excepted, after its delivery to the governor.  If the legislature is not in session and the governor neither approves nor vetoes the appointment within 20 days, Sundays excepted, after its delivery to the governor, the appointment becomes effective.

History. (§ 1 ch 32 SLA 1975)

Sec. 24.55.030. Qualifications; prohibition against political activity.

1. A person may not serve as ombudsman
   1. within one year of the last day on which the person served as a member of the legislature;
   2. while the person is a candidate for or holds any other national, state, or municipal office; nor may the ombudsman become a candidate for national, state, or municipal office until one year has elapsed from the date the ombudsman vacates the office of ombudsman;
   3. while the person is engaged in any other occupation for which the person receives compensation;
   4. unless the person is at least 21 years of age and is a qualified voter who has been a resident of the state for at least three years.
2. It is essential that the nonpartisan nature, integrity, and impartiality of the ombudsman’s functions and services be maintained.  The ombudsman and members of the staff of the ombudsman may not join, support, or otherwise participate in a partisan political organization, faction, or activity, including but not limited to the making of political contributions.  However, this subsection does not restrict the ombudsman or members of the staff of the ombudsman from expressing private opinion, registering as to party, or voting.

History. (§ 1 ch 32 SLA 1975)

Sec. 24.55.040. Term of office.

1. The term of office of the ombudsman is five years. An ombudsman may be reappointed but may not serve for more than three terms.
2. If the term of an ombudsman expires without the appointment of a successor under this chapter, the incumbent ombudsman may continue in office until a successor is appointed.  If the ombudsman dies, resigns, becomes ineligible to serve, or is removed or suspended from office, the person appointed as acting ombudsman under AS 24.55.070(a) serves until a new ombudsman is appointed for a full term.

History. (§ 1 ch 32 SLA 1975; am § 1 ch 71 SLA 1990)

Sec. 24.55.050. Removal.

The legislature, by a concurrent resolution adopted by a roll call vote of two-thirds of the members in each house entered in the journal, may remove or suspend the ombudsman from office, but only for neglect of duty, misconduct, or disability.

History. (§ 1 ch 32 SLA 1975)

Sec. 24.55.060. Compensation.

The ombudsman is entitled to receive an annual salary equal to a step in Range 26 on the salary schedule set out in AS 39.27.011(a) .

History. (§ 1 ch 32 SLA 1975; am § 5 ch 21 SLA 1987; am § 1 ch 38 SLA 2014)

Effect of amendments. —

The 2014 amendment, effective September 16, 2014, substituted “equal to a step in Range 26” for “equal to step A , Range 26” and deleted “for Juneau” at the end.

Sec. 24.55.070. Staff and delegation.

1. The ombudsman shall appoint a person to serve as acting ombudsman in the absence of the ombudsman.  The ombudsman shall also appoint assistants and clerical personnel necessary to carry out the provisions of this chapter.
2. The ombudsman may delegate to the assistants any of the ombudsman’s duties except those specified in  AS 24.55.190 and 24.55.200 ; however, during the ombudsman’s absence from the principal business offices, the ombudsman may delegate the duties specified in  AS 24.55.190 and 24.55.200 to the acting ombudsman for the duration of the absence.  The duties specified in  AS 24.55.190 and  24.55.200 shall be performed by the acting ombudsman when serving under  AS 24.55.040(b) .
3. The ombudsman and the staff appointed by the ombudsman are in the exempt service under  AS 39.25.110 and are not subject to the employment policies under  AS 24.10 or  AS 24.20.
4. Notwithstanding (c) of this section, staff appointed by the ombudsman may be employed under a personal services contract as provided by  AS 24.10.060(f) .

History. (§ 1 ch 32 SLA 1975; am § 6 ch 21 SLA 1987; am §§ 2, 3 ch 71 SLA 1990; am § 2 ch 38 SLA 2014)

Effect of amendments. —

The 2014 amendment, effective September 16, 2014, added (d).

Sec. 24.55.080. Office facilities and administration.

1. Subject to restrictions and limitations imposed by the executive director of the Legislative Affairs Agency, the administrative facilities and services of the Legislative Affairs Agency, including computer, data processing, and teleconference facilities, may be made available to the ombudsman to be used in the management of the office of the ombudsman and to carry out the purposes of this chapter.
2. The salary and benefits of the ombudsman and the permanent staff of the ombudsman shall be paid through the same procedures used for payment of the salaries and benefits of other permanent legislative employees.
3. The ombudsman shall submit a budget for each fiscal year to the Alaska Legislative Council and the council shall annually submit an estimated budget to the governor for information purposes in the preparation of the executive budget.  After reviewing and approving, with or without modifications, the budget submitted by the ombudsman, the council shall submit the approved budget to the finance committees of the legislature.

History. (§ 1 ch 32 SLA 1975; am §§ 4, 5 ch 71 SLA 1990)

Administrative Code. —

For records, see 21 AAC 10, art. 3.

Sec. 24.55.090. Procedure.

1. The ombudsman shall, by regulations adopted under  AS 44.62 (Administrative Procedure Act), establish procedures for receiving and processing complaints, conducting investigations, reporting findings, and ensuring that confidential information obtained by the ombudsman in the course of an investigation will not be improperly disclosed.
2. The ombudsman may not charge fees for the submission or investigation of complaints.

History. (§ 1 ch 32 SLA 1975; am § 6 ch 71 SLA 1990)

Administrative Code. —

For business offices and hours, see 21 AAC 10, art. 1.

For records, see 21 AAC 10, art. 3.

For grievances, see 21 AAC 10, art. 4.

For receiving and processing complaints, see 21 AAC 20, art. 1.

For conducting an investigation, see 21 AAC 20, art. 2.

For concluding an investigation, see 21 AAC 20, art. 3.

For confidential information, see 21 AAC 20, art. 4.

Sec. 24.55.100. Jurisdiction.

1. The ombudsman has jurisdiction to investigate the administrative acts of agencies.
2. The ombudsman may exercise the ombudsman’s powers without regard to the finality of an administrative act.

History. (§ 1 ch 32 SLA 1975)

Administrative Code. —

For receiving and processing complaints, see 21 AAC 20, art. 1.

For conducting an investigation, see 21 AAC 20, art. 2.

Sec. 24.55.110. Investigation of complaints.

The ombudsman shall investigate any complaint that is an appropriate subject for investigation under AS 24.55.150 , unless the ombudsman reasonably believes that

1. there is presently available an adequate remedy for the grievance stated in the complaint;
2. the complaint relates to a matter that is outside the jurisdiction of the ombudsman;
3. the complaint relates to an administrative act of which the complainant has had knowledge for an unreasonable length of time before the complaint was submitted;
4. the complainant does not have a sufficient personal interest in the subject matter of the complaint;
5. the complaint is trivial or made in bad faith;
6. the resources of the ombudsman’s office are insufficient for adequate investigation.

History. (§ 1 ch 32 SLA 1975)

Administrative Code. —

For receiving and processing complaints, see 21 AAC 20, art. 1.

For conducting an investigation, see 21 AAC 20, art. 2.

Sec. 24.55.120. Investigation on the ombudsman’s motion.

The ombudsman may investigate the administrative act of an agency on the ombudsman’s own motion if the ombudsman reasonably believes that it is an appropriate subject for investigation under AS 24.55.150 .

History. (§ 1 ch 32 SLA 1975)

Sec. 24.55.130. Notice to complainant.

1. If the ombudsman decides not to investigate a complaint, the ombudsman shall inform the complainant of that decision and shall state the reasons.
2. If the ombudsman decides to investigate a complaint, the ombudsman shall notify the complainant of the decision.
3. Notice given under this section may be oral but the ombudsman shall state in writing the reasons for not investigating a complaint if requested by the complainant.

History. (§ 1 ch 32 SLA 1975; am § 7 ch 71 SLA 1990)

Administrative Code. —

For receiving and processing complaints, see 21 AAC 20, art. 1.

Sec. 24.55.140. Notice to the agency.

If the ombudsman decides to investigate a complaint, the ombudsman shall notify the agency of the intention to investigate unless the ombudsman believes that advance notice will unduly hinder the investigation or make it ineffectual. Notice given under this section may be oral or written, at the discretion of the ombudsman.

History. (§ 1 ch 32 SLA 1975; am § 8 ch 71 SLA 1990)

Administrative Code. —

For conducting an investigation, see 21 AAC 20, art. 2.

Sec. 24.55.150. Appropriate subjects for investigation.

1. An appropriate subject for investigation by the ombudsman is an administrative act of an agency that the ombudsman has reason to believe might be
   1. contrary to law;
   2. unreasonable, unfair, oppressive, arbitrary, capricious, an abuse of discretion, or unnecessarily discriminatory, even though in accordance with law;
   3. based on a mistake of fact;
   4. based on improper or irrelevant grounds;
   5. unsupported by an adequate statement of reasons;
   6. performed in an inefficient or discourteous manner; or
   7. otherwise erroneous.
2. The ombudsman may investigate to find an appropriate remedy.

History. (§ 1 ch 32 SLA 1975)

Administrative Code. —

For conducting an investigation, see 21 AAC 20, art. 2.

For concluding an investigation, see 21 AAC 20, art. 3.

Sec. 24.55.160. Investigation procedures; privileged communications.

1. In an investigation, the ombudsman may
   1. make inquiries and obtain information considered necessary;
   2. enter without notice to inspect the premises of an agency, but only when agency personnel are present;
   3. hold private hearings; and
   4. notwithstanding other provisions of law, have access at all times to records of every agency, including confidential records, except sealed court records, production of which may only be compelled by subpoena, and except for records of active criminal investigations and records that could lead to the identity of confidential police informants.
2. The ombudsman shall maintain confidentiality with respect to all matters and the identities of the complainants or witnesses coming before the ombudsman except insofar as disclosures may be necessary to enable the ombudsman to carry out duties and to support recommendations.  However, the ombudsman may not disclose a confidential record obtained from an agency.
3. Disclosure by an agency to the ombudsman under this chapter of a communication that is subject to the attorney-client privilege, or attorney work-product privilege, does not waive the privilege as to any other person. The ombudsman may not disclose a privileged communication provided under this subsection unless the communication is evidence of an act of an agency that the ombudsman reasonably believes is criminal.

History. (§ 1 ch 32 SLA 1975; am § 9 ch 71 SLA 1990; am §§ 3, 4 ch 38 SLA 2014)

Cross references. —

For the effect of (c) of this section on Rules 501 and 503, Alaska Rules of Evidence, see sec. 7(a), ch. 38, SLA 2014 in the 2014 Temporary and Special Acts.

Administrative Code. —

For records, see 21 AAC 10, art. 3.

For conducting an investigation, see 21 AAC 20, art. 2.

For concluding an investigation, see 21 AAC 20, art. 3.

For confidential information, see 21 AAC 20, art. 4.

Effect of amendments. —

The 2014 amendment, effective September 16, 2014, in (a)(4), deleted “state” following “records of every”; added (c).

Opinions of attorney general. —

Insofar as the ombudsman has a legitimate governmental interest in access and he is not the “public,” the ombudsman may be allowed access to personnel files, but only upon his assurance that the contents of the files will not, under any circumstances except an order of a court of competent jurisdiction, become public in whole or in part. February 28, 1984 Op. Att’y Gen.

Sec. 24.55.170. Powers.

1. Subject to the privileges that witnesses have in the courts of this state, the ombudsman may compel by subpoena, at a specified time and place, the
   1. appearance and sworn testimony of a person who the ombudsman reasonably believes may be able to give information relating to a matter under investigation; and
   2. production by a person of a record or object that the ombudsman reasonably believes may relate to the matter under investigation.
2. If a person refuses to comply with a subpoena issued under (a) of this section, the superior court may, on application of the ombudsman, compel obedience by proceedings for contempt in the same manner as in the case of disobedience to the requirements of a subpoena issued by the court or refusal to testify in the court.

History. (§ 1 ch 32 SLA 1975; am § 10 ch 71 SLA 1990)

Administrative Code. —

For conducting an investigation, see 21 AAC 20, art. 2.

Opinions of attorney general. —

Insofar as the ombudsman has a legitimate governmental interest in access and he is not the “public,” an ombudsman may be allowed access to personnel files, but only upon his assurance that the contents of the files will not, under any circumstances except an order of a court of competent jurisdiction, become public in whole or in part. February 28, 1984 Op. Att’y Gen.

Sec. 24.55.180. Consultation.

Before giving an opinion or recommendation that is critical of an agency or person, the ombudsman shall consult with that agency or person. The ombudsman may make a preliminary opinion or recommendation available to the agency or person for review, but the preliminary opinion or recommendation is confidential and may not be disclosed to the public by the agency or person.

History. (§ 1 ch 32 SLA 1975; am § 11 ch 71 SLA 1990)

Administrative Code. —

For concluding an investigation, see 21 AAC 20, art. 3.

Sec. 24.55.190. Procedure after investigation.

1. The ombudsman shall report the opinion and recommendations of the ombudsman to an agency if the ombudsman finds, after investigation, that
   1. a matter should be further considered by the agency;
   2. an administrative act should be modified or cancelled;
   3. a statute or regulation on which an administrative act is based should be altered;
   4. reasons should be given for an administrative act;
   5. any other action should be taken by the agency;
   6. there are no grounds for action by the agency; or
   7. the agency’s act was arbitrary or capricious, constituted an abuse of discretion, or was otherwise erroneous or not in accordance with the law.
2. The ombudsman may request the agency to notify the ombudsman, within a specified time, of any action taken on the recommendations.
3. The report provided under (a) of this section is confidential and may not be disclosed to the public by the agency.  The ombudsman may disclose the report under AS 24.55.200 only after providing notice that the investigation has been concluded
   1. to the agency; and
   2. if the investigation was conducted in response to a complaint, to the complainant under AS 24.55.210 .

History. (§ 1 ch 32 SLA 1975; am § 12 ch 71 SLA 1990)

Administrative Code. —

For concluding an investigation, see 21 AAC 20, art. 3.

Sec. 24.55.200. Publication of recommendations.

Within a reasonable amount of time after the ombudsman reports the opinion and recommendations to an agency the ombudsman may present the opinion and recommendations to the governor, the legislature, a grand jury, the public or any of these. The ombudsman shall include with the opinion any reply made by the agency.

History. (§ 1 ch 32 SLA 1975)

Administrative Code. —

For concluding an investigation, see 21 AAC 20, art. 3.

Sec. 24.55.210. Notice to the complainant.

After a reasonable time has elapsed, the ombudsman shall notify the complainant of the actions taken by the ombudsman and by the agency.

History. (§ 1 ch 32 SLA 1975)

Sec. 24.55.220. Misconduct by agency personnel.

If the ombudsman believes there is a breach of duty or misconduct by an officer or employee of an agency in the conduct of the officer’s or employee’s official duties, the ombudsman shall refer the matter to the chief executive officer of the agency or, when appropriate, to a grand jury or to another appropriate official or agency.

History. (§ 1 ch 32 SLA 1975)

Administrative Code. —

For concluding an investigation, see 21 AAC 20, art. 3.

Sec. 24.55.230. Annual report.

The ombudsman shall submit to the public an annual report of the ombudsman’s activities under this chapter and notify the legislature that the report is available.

History. (§ 1 ch 32 SLA 1975; am § 51 ch 21 SLA 1995)

Sec. 24.55.240. Judicial review.

A proceeding or decision of the ombudsman may be reviewed in superior court only to determine if it is contrary to the provisions of this chapter.

History. (§ 1 ch 32 SLA 1975)

Sec. 24.55.250. Immunity of the ombudsman.

A civil action may not be brought against the ombudsman or a member of the ombudsman’s staff for anything done, said, or omitted in performing the ombudsman’s duties or responsibilities under this chapter.

History. (§ 1 ch 32 SLA 1975)

Sec. 24.55.260. Ombudsman’s privilege not to testify or disclose documents.

1. The ombudsman and staff of the ombudsman may not testify or be deposed in a judicial or administrative proceeding regarding matters coming to their attention in the exercise of their official duties, except as may be necessary to enforce the provisions of this chapter.
2. The records of the ombudsman and staff of the ombudsman, including notes, drafts, and records obtained from an individual or agency during intake, review, or investigation of a complaint, and any reports not released to the public in accordance with AS 24.55.200 , are not subject to disclosure or production in response to a subpoena or discovery in a judicial or administrative proceeding, except as the ombudsman determines may be necessary to enforce the provisions of this chapter. Disclosure by the ombudsman is subject to the restrictions on disclosure in AS 24.55.160 — 24.55.190 .

History. (§ 1 ch 32 SLA 1975; am § 5 ch 38 SLA 2014)

Cross references. —

For the effect of this section as repealed and reenacted on Rule 501, Alaska Rules of Evidence, see sec. 7, ch. 38, SLA 2014 in the 2014 Temporary and Special Acts.

Effect of amendments. —

The 2014 amendment, effective September 16, 2014, rewrote the section, which read, “The ombudsman and the staff of the ombudsman may not testify in a court regarding matters coming to their attention in the exercise or purported exercise of their official duties except as may be necessary to enforce the provisions of this chapter.”

Sec. 24.55.270. Letters to or from ombudsman.

A letter to the ombudsman from a person held in custody by an agency shall be forwarded immediately, unopened, to the ombudsman. A letter from the ombudsman to a person held in custody by an agency shall be delivered immediately, unopened, to the person.

History. (§ 1 ch 32 SLA 1975)

Sec. 24.55.275. Procurement procedures.

The ombudsman shall adopt by regulation procurement procedures that are appropriate for the office of the ombudsman and that are similar to those adopted by the legislative council under AS 36.30.020 , as they may be amended from time to time. The procedures shall be followed by the office of the ombudsman in contracting for professional and other services, supplies, and office space, and for construction limited to providing and maintaining office space for the office of the ombudsman. However, competitive principles in the procurement procedures adopted by the legislative council under AS 36.30.020 do not apply to contracts for investigations under AS 24.55.100 .

History. (§ 4 ch 144 SLA 1982; am § 23 ch 106 SLA 1986; am § 1 ch 137 SLA 1996; am § 1 ch 59 SLA 2013; am § 6 ch 38 SLA 2014)

Cross references. —

For transitional provisions relating to certain solicitations, notices of intent to award, or responses to solicitation made before the effective date of the relevant change in law enacted by §§ 1-45 and 47-56 of ch. 137, SLA 1996, see § 51, ch. 137, SLA 1996 in the Temporary and Special Acts.

Administrative Code. —

For procurement, see 21 AAC 10, art. 2.

Effect of amendments. —

The 2013 amendment, effective June 27, 2013, at the end of the second sentence, substituted “the five percent preference under AS 36.30.321(a) ” for “AS 36.30.170(b)”.

The 2014 amendment, effective September 16, 2014, rewrote the section, which read, “The ombudsman shall adopt by regulation procedures consistent with AS 36.30 to be followed by the office of the ombudsman in contracting for services. However, the procedure for requests for proposals does not apply to contracts for investigations under AS 24.55.100 , and the office of the ombudsman shall comply with the five percent preference under AS 36.30.321(a) .”

Sec. 24.55.280. Time for judicial review of agency action.

This chapter in no way extends the time limit in which judicial review of agency action must be sought.

History. (§ 1 ch 32 SLA 1975)

Sec. 24.55.290. Penalty.

A person who wilfully hinders the lawful actions of the ombudsman or the staff of the ombudsman, or who wilfully refuses to comply with their lawful demands, or who wilfully violates AS 24.55.270 , is guilty of a misdemeanor and upon conviction is punishable by a fine of not more than $1,000.

History. (§ 1 ch 32 SLA 1975)

Sec. 24.55.300. Administrative Procedure Act.

The administrative acts of the ombudsman are not subject to the provisions of AS 44.62 (Administrative Procedure Act), except as provided in AS 24.55.090 .

History. (§ 1 ch 32 SLA 1975)

Sec. 24.55.310. Conflict of interest. [Repealed, § 42 ch 127 SLA 1992.]

Sec. 24.55.320. Municipalities and school districts.

A municipality or school district may elect to become subject to the jurisdiction of the ombudsman appointed under this chapter. If a municipality or school district so elects, it shall notify the ombudsman of that election and shall thereafter be considered an agency for the purposes of this chapter. If a municipality or school district subjects itself to the jurisdiction of the ombudsman, the municipality or school district shall pay its pro rata share of the cost of the operation of the office of the ombudsman based on the number of complaints or the case load emanating from that municipality or school district, as prescribed by the ombudsman. If a municipality or school district elects to remove itself from the jurisdiction of the ombudsman, it shall notify the ombudsman of that election and shall not thereafter be considered an agency for the purposes of this chapter. A municipality that elects to become subject to the jurisdiction of the ombudsman or to remove itself from that jurisdiction must do so by ordinance. A school district that elects to become subject to the jurisdiction of the ombudsman or to remove itself from that jurisdiction must do so by resolution.

History. (§ 1 ch 32 SLA 1975; am § 14 ch 71 SLA 1990)

Sec. 24.55.330. Definitions.

In this chapter,

1. “administrative act” means an action, omission, decision, recommendation, practice, policy, or procedure of an agency, but does not include the preparation or presentation of legislation or the substantive content of a judicial order, decision, or opinion;
2. “agency” includes a department, office, institution, corporation, authority, organization, commission, committee, council, or board of a municipality or in the executive, legislative, or judicial branches of the state government, and a department, office, institution, corporation, authority, organization, commission, committee, council, or board of a municipality or of the state government independent of the executive, legislative, and judicial branches; it also includes an officer, employee, or member of an “agency” acting or purporting to act in the exercise of official duties, but does not include the governor, the lieutenant governor, a member of the legislature, the victims’ advocate, the staff of the office of victims’ rights, a justice of the supreme court, a judge of the court of appeals, a superior court judge, a district court judge, a magistrate, a member of a city council or borough assembly, an elected city or borough mayor, or a member of an elected school board;
3. “record” means a document, paper, memorandum, book, letter, file, drawing, map, plat, photo, photographic file, motion picture, film, microfilm, microphotograph, exhibit, magnetic or paper tape, punched card, or other item developed or received under law or in connection with the transaction of official business, but does not include an attorney’s work product, material that is confidential as a privileged communication between an attorney and client under rules adopted by the supreme court, or confidential oil and gas geological and geophysical data.

History. (§ 1 ch 32 SLA 1975; am § 25 ch 12 SLA 1980; am § 88 ch 74 SLA 1985; am § 15 ch 71 SLA 1990; am § 1 ch 85 SLA 2008)

Sec. 24.55.340. Short title.

This chapter may be cited as The Ombudsman Act.

History. (§ 1 ch 32 SLA 1975)

Sec. 24.60.010. Legislative findings and purpose.

The legislature finds that

1. high moral and ethical standards among public servants in the legislative branch of government are essential to assure the trust, respect, and confidence of the people of this state;
2. a fair and open government requires that legislators and legislative employees conduct the public’s business in a manner that preserves the integrity of the legislative process and avoids conflicts of interest or even appearances of conflicts of interest;
3. the public’s commitment to a part-time citizen legislature requires legislators be drawn from all parts of society and the best way to attract competent people is to acknowledge that they provide their time and energy to the state, often at substantial personal and financial sacrifice;
4. a part-time citizen legislature implies that legislators are expected and permitted to earn outside income and that the rules governing legislators’ conduct during and after leaving public service must be clear, fair, and as complete as possible; the rules, however, should not impose unreasonable or unnecessary burdens that will discourage citizens from entering or staying in government service;
5. in order for the rules governing conduct to be respected both during and after leaving public service, the code must be administered fairly without bias or favoritism;
6. no code of conduct, however comprehensive, can anticipate all situations in which violations may occur nor can it prescribe behaviors that are appropriate to every situation; in addition, laws and regulations regarding ethical responsibilities cannot legislate morality, eradicate corruption, or eliminate bad judgment;
7. compliance with a code of ethics is an individual responsibility; thus all who serve the legislature have a solemn responsibility to avoid improper conduct and prevent improper behavior by colleagues and subordinates;
8. the purpose of this chapter is to establish standards of conduct for state legislators and legislative employees and to establish the Select Committee on Legislative Ethics to consider alleged violations of this chapter and to render advisory opinions to persons affected by this chapter;
9. a fair and open government requires that constituents have unencumbered access to legislators about issues important to the state under art. I, secs. 5 and 6, Constitution of the State of Alaska, which protect the right of a legislator and a constituent to meet and the right of a person to petition the government, and this chapter is not intended to restrict those rights.

History. (§ 1 ch 36 SLA 1984; am § 1 ch 127 SLA 1992; am § 1 ch 5 SLA 2019)

Effect of amendments. —

The 2019 amendment, effective May 25, 2019, added (9).

Sec. 24.60.020. Applicability; relationship to common law and other laws.

1. Except as otherwise provided in this subsection, this chapter applies to a member of the legislature, to a legislative employee, and to public members of the committee. This chapter does not apply to
   1. a former member of the legislature or to a person formerly employed by the legislative branch of government unless a provision of this chapter specifically states that it applies;
   2. a person elected to the legislature who at the time of election is not a member of the legislature.
2. The provisions of this chapter specifically supersede the provisions of the common law relating to legislative conflict of interest that may apply to a member of the legislature or a legislative employee. This chapter does not supersede or repeal provisions of the criminal laws of the state. This chapter does not exempt a person from applicable provisions of another law unless the law is expressly superseded or incompatibly inconsistent with the specific provisions of this chapter.

History. (§ 1 ch 36 SLA 1984; §§ 2, 3 ch 113 SLA 1986; am § 1 ch 167 SLA 1988; am § 2 ch 127 SLA 1992; am § 18 ch 47 SLA 2007)

Sec. 24.60.030. Prohibited conduct and conflicts of interest.

1. A legislator or legislative employee may not
   1. solicit, agree to accept, or accept a benefit other than official compensation for the performance of public duties; this paragraph may not be construed to prohibit lawful solicitation for and acceptance of campaign contributions, solicitation or acceptance of contributions for a charity event, as defined in  AS 24.60.080(a)(2)(B) , or the acceptance of a gift under  AS 24.60.075 or 24.60.080 ;
   2. use public funds, facilities, equipment, services, or another government asset or resource for a nonlegislative purpose, for involvement in or support of or opposition to partisan political activity, or for the private benefit of the legislator, legislative employee, or another person; this paragraph does not prohibit
      1. limited use of state property and resources for personal purposes if the use does not interfere with the performance of public duties and either the cost or value related to the use is nominal or the legislator or legislative employee reimburses the state for the cost of the use;
      2. the use of mailing lists, computer data, or other information lawfully obtained from a government agency and available to the general public for nonlegislative purposes;
      3. the legislative council, notwithstanding  AS 24.05.190 , from designating a public facility for use by legislators and legislative employees for health or fitness purposes; when the council designates a facility to be used by legislators and legislative employees for health or fitness purposes, it shall adopt guidelines governing access to and use of the facility; the guidelines may establish times in which use of the facility is limited to specific groups;
      4. a legislator from using the legislator’s private office in the capital city during a legislative session, and for the 10 days immediately before and the 10 days immediately after a legislative session, for nonlegislative purposes if the use does not interfere with the performance of public duties and if there is no cost to the state for the use of the space and equipment, other than utility costs and minimal wear and tear, or the legislator promptly reimburses the state for the cost; an office is considered a legislator’s private office under this subparagraph if it is the primary space in the capital city reserved for use by the legislator, whether or not it is shared with others;
      5. a legislator from use of legislative employees to prepare and send out seasonal greeting cards;
      6. a legislator from using state resources to transport computers or other office equipment owned by the legislator but primarily used for a state function;
      7. use by a legislator of photographs of that legislator;
      8. reasonable use of the Internet by a legislator or a legislative employee except if the use is for election campaign purposes;
      9. a legislator or legislative employee from soliciting, accepting, or receiving a gift on behalf of a recognized, nonpolitical charitable organization in a state facility;
      10. a legislator from sending any communication in the form of a newsletter to the legislator’s constituents, except a communication expressly advocating the election or defeat of a candidate or a newsletter or material in a newsletter that is clearly only for the private benefit of a legislator or a legislative employee; or
      11. full participation in a charity event approved in advance by the Alaska Legislative Council;
   3. knowingly seek, accept, use, allocate, grant, or award public funds for a purpose other than that approved by law, or make a false statement in connection with a claim, request, or application for compensation, reimbursement, or travel allowances from public funds;
   4. require a legislative employee to perform services for the private benefit of the legislator or employee at any time, or allow a legislative employee to perform services for the private benefit of a legislator or employee on government time; it is not a violation of this paragraph if the services were performed in an unusual or infrequent situation and the person’s services were reasonably necessary to permit the legislator or legislative employee to perform official duties;
   5. use or authorize the use of state funds, facilities, equipment, services, or another government asset or resource for the purpose of political fund raising or campaigning; this paragraph does not prohibit
      1. limited use of state property and resources for personal purposes if the use does not interfere with the performance of public duties and either the cost or value related to the use is nominal or the legislator or legislative employee reimburses the state for the cost of the use;
      2. the use of mailing lists, computer data, or other information lawfully obtained from a government agency and available to the general public for nonlegislative purposes;
      3. storing or maintaining, consistent with (b) of this section, election campaign records in a legislator’s office;
      4. a legislator from using the legislator’s private office in the capital city during a legislative session, and for the 10 days immediately before and the 10 days immediately after a legislative session, for nonlegislative purposes if the use does not interfere with the performance of public duties and if there is no cost to the state for the use of the space and equipment, other than utility costs and minimal wear and tear, or the legislator promptly reimburses the state for the cost; an office is considered a legislator’s private office under this subparagraph if it is the primary space in the capital city reserved for use by the legislator, whether or not it is shared with others; or
      5. use by a legislator of photographs of that legislator.
2. A legislative employee may not on government time assist in political party or candidate activities, campaigning, or fund raising. A legislator may not require an employee to perform an act in violation of this subsection.
3. Unless approved by the committee, during a campaign period for an election in which the legislator or legislative employee is a candidate, a legislator or legislative employee may not use or permit another to use state funds, other than funds to which the legislator is entitled under  AS 24.10.110 , to print or distribute a political mass mailing to individuals eligible to vote for the candidate. In this subsection,
   1. a “campaign period” is the period that
      1. begins 60 days before the date of an election to the board of an electric or telephone cooperative organized under  AS 10.25, a municipal election, or a primary election, or that begins on the date of the governor’s proclamation calling a special election; and
      2. ends the day after the cooperative election, municipal election, or general or special election;
   2. a mass mailing is considered to be political if it is from or about a legislator, legislative employee, or another person who is a candidate for election or reelection to the legislature or another federal, state, or municipal office or to the board of an electric or telephone cooperative.
4. A legislator, legislative employee, or another person on behalf of the legislator or legislative employee, or a campaign committee of the legislator or legislative employee, may not distribute or post campaign literature, placards, posters, fund-raising notices, or other communications intended to influence the election of a candidate in an election in public areas in a facility ordinarily used to conduct state government business. This prohibition applies whether or not the election has been concluded. However, a legislator may post, in the legislator’s private office, communications related to an election that has been concluded.
5. A legislator may not directly, or by authorizing another to act on the legislator’s behalf,
   1. agree to, threaten to, or state or imply that the legislator will take or withhold a legislative, administrative, or political action, including support for or opposition to a bill, employment, nominations, and appointments, as a result of a person’s decision to provide or not provide a political contribution, donate or not donate to a cause favored by the legislator, or provide or not provide a thing of value;
   2. state or imply that the legislator will perform or refrain from performing a lawful constituent service as a result of a person’s decision to provide or not provide a political contribution, donate or not donate to a cause favored by the legislator, or provide or not provide a thing of value; or
   3. unless required by the Uniform Rules of the Alaska State Legislature, take or withhold legislative action that is likely to substantially benefit or harm the financial interest of the legislator, the legislator’s spouse, or a person with whom the legislator or the legislator’s spouse is employed or is negotiating for employment.
6. A legislative employee may not serve in a position that requires confirmation by the legislature. A legislator or legislative employee who serves on a board of an organization, including a governmental entity, shall disclose the board membership to the committee. A person required to make a disclosure under this subsection shall file the disclosure with the committee by the deadlines set out in  AS 24.60.105 stating the name of each organization on whose board the person serves. The committee shall maintain a public record of the disclosure and forward the disclosure to the appropriate house for inclusion in the journal. This subsection does not require a legislator or legislative employee who is appointed to a board by the presiding officer to make a disclosure of the appointment to the committee if the appointment has been published in the appropriate legislative journal during the calendar year.
7. Unless otherwise required by the Uniform Rules of the Alaska State Legislature, a legislator shall declare a conflict of interest before voting on a question before a committee of the legislature, and shall request to be excused from voting on a question before a house of the legislature if the effect of the vote is likely to substantially benefit or harm the financial interest of the legislator, the legislator’s spouse, or a person with whom the legislator or the legislator’s spouse is employed or is negotiating for employment.
8. An employee who engages in political campaign activities other than incidental campaign activities during the employee’s work day shall take leave for the period of campaigning. Political campaign activities while on government time are permissible if the activities are part of the normal legislative duties of the employee, including answering telephone calls and handling incoming correspondence.
9. A legislator or legislative employee may not attempt to influence the outcome of an administrative hearing by directly or indirectly contacting or attempting to contact the hearing officer assigned to the hearing or the individual, board, or commission with authority to make the final decision in the matter unless
   1. the legislator or legislative employee is representing another person for compensation subject to  AS 24.60.100 and as a professional who is licensed in the state;
   2. the contact is made in the presence of all parties to the hearing or the parties’ representatives while the legislator or legislative employee is acting as a party or a witness in the matter or responding to a question asked of the legislator or legislative employee by the hearing officer, individual, board, or commission and the contact is made a part of the record; or
   3. the contact is inadvertent and ex parte and the legislator or legislative employee
      1. promptly discloses the fact and substance of the contact
         1. directly to each party to the hearing whose identity as a party is public information; or
         2. through the hearing officer for each party to the hearing whose identity as a party is not public information; and
      2. makes the fact and substance of the contact part of the record.
10. In this section,
    1. “administrative hearing” means a quasi-judicial hearing before an agency; “administrative hearing” does not include an informal conference or review held by an agency before a final decision is issued or a rate-making proceeding or other nonadjudicative public hearing;
    2. “financial interest” means a substantial equity or ownership interest in a business, investment, real property, lease, or other enterprise;
    3. “substantially benefit or harm” means the effect on the person’s financial interest is greater than the effect on the financial interest of a substantial class of persons to which the person belongs as a member of a profession, occupation, industry, or region.

History. (§ 1 ch 36 SLA 1984; am § 27 ch 85 SLA 1988; am § 8 ch 167 SLA 1988; am § 3 ch 127 SLA 1992; am §§ 13 — 18 ch 74 SLA 1998; am § 8 ch 3 SLA 2002; am § 49 ch 163 SLA 2004; am § 2 ch 10 SLA 2006; am §§ 19 — 21 ch 47 SLA 2007; am §§ 1 — 3 ch 45 SLA 2012; am §§ 7 — 9 ch 61 SLA 2018; am §§ 2 — 5 ch 5 SLA 2019)

Revisor's Notes. —

The paragraphs in subsection (j) were renumbered in 2019 to maintain alphabetical order.

Cross references. —

For bribery and related offenses, see AS 11.56.100 — 11.56.130 .

Effect of amendments. —

The 2018 amendment, effective July 20, 2018, rewrote (e)(3) and (g); added (j)(2) [now (j)(3)], and made related changes. Although the 2018 amendment was to have taken effect July 1, 2018, under sec. 17, ch. 61, SLA 2018, the governor did not sign the bill until July 19, 2018, and so the actual effective date of the amendment was July 20, 2018, under AS 01.10.070(d) .

The 2019 amendment, effective May 25, 2019, rewrote (e)(3) and (g); in (j), substituted “a substantial class of persons to which the person belongs as a member of a profession, occupation, industry, or region” for “the general public of the state” in (j)(2) [now (j)(3)], and added (j)(3) [now (j)(2)].

Editor's notes. —

For provision relating to the severability of the 2018 amendments to this section, see sec. 15, ch. 61, SLA 2018, in the 2018 Temporary and Special Acts.

Opinions of attorney general. —

An initiative petition, known as 17 AKGA, was certified by the Lieutenant Governor to appear on the November 2018 ballot; it related broadly to campaign finance, public official integrity, and good governance. During the legislative session the legislature enacted HB 44 (Chapter 61, SLA 2018), similarly relating, inter alia, to campaign expenditures and contributions, the legislators' per diem, gifts by lobbyists, and voting or other actions by a legislator where the legislator had a conflict of interest. Under AS 15.45.210 , where an act of the legislature is substantially the same as a petition, is enacted after the petition has been filed and before the date of the election, the petition is void. Following the passage of HB 44, the Lieutenant Governor determined, and the Attorney General agreed, that the initiative petition known as 17 AKGA, and HB 44, were substantially the same, rendering 17 AKGA void and ineligible to appear on the ballot. 2018 Op. Alaska Att'y Gen. (May 25).

Sec. 24.60.031. Restrictions on fund raising.

1. A legislative employee may not
   1. on a day when either house of the legislature is in regular or special session, solicit or accept a contribution or a promise or pledge to make a contribution for a campaign for state or municipal office; however, a legislative employee may, except in the capital city or in the municipality in which the legislature is convened in special session if the legislature is convened in a municipality other than the capital city, solicit or accept a contribution, promise, or pledge for a campaign for state or municipal office that occurs during the 90 days immediately preceding the election for that office; or
   2. accept money from an event held on a day when either house of the legislature is in regular or special session if a substantial purpose of the event is to raise money on behalf of the legislative employee for political purposes; however, this paragraph does not prohibit a legislative employee from accepting money from an event held in a place other than the capital city or a municipality in which the legislature is convened in special session if the legislature is convened in a municipality other than the capital city during the 90 days immediately preceding an election for state or municipal public office in which the legislative employee is a candidate.
2. A legislator may not
   1. on a day when either house of the legislature is in regular or special session, solicit or accept a contribution or a promise or pledge to make a contribution
      1. for the legislator’s own campaign for state or municipal public office, unless the solicitation, acceptance, promise, or pledge occurs in a place other than the capital city or a municipality in which the legislature is convened in special session if the legislature is convened in a municipality other than the capital city during the 90 days immediately preceding the election in which the legislator is a candidate;
      2. for another candidate in an election for municipal, state, or federal office;
      3. to influence a state ballot proposition or question; or
      4. for a political party;
   2. accept money from an event held on a day when either house of the legislature is in regular or special session if a substantial purpose of the event is to raise money on behalf of the legislator’s campaign for state or municipal public office; however, this paragraph does not prohibit a legislator from accepting money from an event held in a place other than the capital city or a municipality in which the legislature is convened in special session if the legislature is convened in a municipality other than the capital city during the 90 days immediately preceding a state or municipal election in which the legislator is a candidate; or
   3. in a campaign for state or municipal office, expend money that was raised on a day when either house of the legislature was in a legislative session by or on behalf of a legislator under a declaration of candidacy or a general letter of intent to become a candidate for public office; however, this paragraph does not apply to money raised in a place other than the capital city or a municipality in which the legislature is convened in special session if the legislature is convened in a municipality other than the capital city during the 90 days immediately preceding an election in which the legislator is a candidate.
3. In this section, “contribution” has the meaning given in AS 15.13.400 .

History. (§ 4 ch 127 SLA 1992; am § 27 ch 48 SLA 1996; am § 19 ch 74 SLA 1998; am §§ 2, 3 ch 106 SLA 2008)

Revisor’s notes. —

Subsection (b) was enacted as (c); relettered in 2008, at which time subsection (b) was relettered as subsection (c).

Cross references. —

For provisions relating to the applicability of AS 15.13 to certain persons if a court determines that persons who are not individuals must be allowed to contribute to candidates or groups, see § 30, ch. 48, SLA 1996 in the Temporary and Special Acts.

Sec. 24.60.033. Restrictions on employee candidacies.

A legislative employee may not file a letter of intent to become a candidate or file a declaration of candidacy for the legislature.

History. (§ 4 ch 127 SLA 1992)

Sec. 24.60.035. Protection of whistle blowers.

A legislator or legislative employee may not, directly or indirectly, subject a person who reports to the committee or another government entity conduct the person reasonably believes is a violation of this chapter or another state law, to reprisal, harassment, or discrimination. A legislative employee who is discharged, disciplined, involuntarily transferred, or otherwise penalized by a legislator or another legislative employee in violation of this subsection may

1. bring a complaint before the committee; and
2. bring a separate civil action in the courts seeking damages, payment of back wages, reinstatement, or other relief.

History. (§ 4 ch 127 SLA 1992)

Sec. 24.60.037. Open meetings guidelines.

1. A meeting of a legislative body is open to the public in accordance with the open meetings guidelines established in this section. A legislator may not participate in a meeting held in violation of these open meetings guidelines.
2. For purposes of the legislative open meetings guidelines, a meeting occurs when a majority of the members of a legislative body is present and action, including voting, is taken or could be taken, or if a primary purpose of the meeting is the discussion of legislation or state policy. The Uniform Rules of the Alaska State Legislature control the procedure for conducting open and executive sessions of a legislative body.
3. Legislators may meet in a closed caucus or in a private, informal meeting to discuss and deliberate on political strategy. Those meetings are exempt from the legislative open meetings guidelines. For purposes of this subsection, “political strategy” includes organization of the houses, assignment of committee membership, scheduling of bills, vehicles for adoptions, house-senate relations, other procedural matters, caucus operations, meetings between majority and minority caucus leaders, meetings between majority and minority caucus leaders of both houses, meetings with the governor, deliberations with regard to political strategy, and discussions of issues in the context of political strategy.
4. [Repealed, § 74 ch 47 SLA 2007.]
5. In cases where there are conflicts between these guidelines and the uniform rules adopted by the Alaska State Legislature, the uniform rules prevail.
6. The legislative open meetings guidelines are the guidelines that shall be used by the committee when considering complaints filed regarding open meetings.
7. In the legislative open meetings guidelines,
   1. “caucus” means a group of legislators who share a political philosophy, or have a common goal, and who organize as a group;
   2. “legislative body”
      1. includes
         1. the senate;
         2. the house of representatives;
         3. the senate and the house of representatives meeting in joint session;
         4. a committee of the legislature, other than the Committee on Committees, but including a standing committee, special committee, joint committee, conference or free conference committee, committee of the whole, and permanent interim committee;
         5. a legislative commission, task force, or other group established by statute or resolution; or
         6. a caucus of members of one or more of the bodies set out in (i) — (v) of this subparagraph;
      2. does not include
         1. any committee or group of legislators considering only matters involving the organization of a committee or a house of the legislature, including selection of legislative officers;
         2. any committee or group of legislators and the governor or staff of the Office of the Governor;
         3. legislative leadership meetings;
         4. officers of a caucus;
   3. “meeting” does not include
      1. a gathering of members of a legislative body for primarily ministerial or social purposes; or
      2. forums where members of a legislative body have been invited to address a group on legislative issues or concerns.

History. (§ 4 ch 127 SLA 1992; am § 1 ch 69 SLA 1994; am § 1 ch 135 SLA 2004; am § 74 ch 47 SLA 2007)

Sec. 24.60.039. Discrimination prohibited.

1. A legislator or legislative employee may not engage in acts of discrimination in violation of AS 18.80.220 .
2. If a person files a complaint with the committee under AS 24.60.170 alleging a violation of this section, the committee may refer the complainant to the State Commission for Human Rights and may defer its consideration of the complaint until after the complainant establishes to the satisfaction of the committee that the commission has completed its proceedings in the matter.

History. (§ 4 ch 127 SLA 1992; am § 20 ch 74 SLA 1998)

Sec. 24.60.040. Contracts or leases.

1. A legislator or legislative employee, or a member of the immediate family of a legislator or legislative employee, may not be a party to or have an interest in a state contract or lease unless the contract or lease is let under AS 36.30 (State Procurement Code) or, for agencies that are not subject to AS 36.30, under similar procedures, or the total annual amount of the state contract or lease is $5,000 or less, or is a standardized contract or lease that was developed under publicly established guidelines and is generally available to the public at large, members of a profession, occupation, or group. A person has an interest in a state contract or lease under this section if the person receives direct or indirect financial benefits. A legislator or legislative employee who participates in, or who knows or reasonably should know that a family member is participating in, a state contract or lease that has an annual value of $5,000 or more shall disclose the participation to the committee by the date required under AS 24.60.105 . The committee shall promptly forward the disclosure to the appropriate house for inclusion in the journal, and the presiding officer shall cause the disclosure to be published in the journal or in the supplemental journal not later than the next regularly scheduled publication of ethics disclosures. The legislator or legislative employee shall also disclose the renegotiation of a state contract or lease if the original had to be disclosed under this section or if, as a result of renegotiation, disclosure is required under this section. The disclosure must state the amount of the contract or lease and the name of the state agency issuing the contract or lease and must identify the procedures under which the contract or lease was issued. If the disclosure concerns a contract or lease in which a family member of the discloser is participating, the disclosure must identify the relationship between the participant and the discloser.
2. This section does not apply to a contract or lease issued under a state program or loan that is subject to AS 24.60.050 . A grant that results in a contract but that is not subject to AS 24.60.050 is subject to this section.
3. In this section, “direct or indirect financial benefits” means income, profits, or other financial benefits under a state contract, without regard to whether the income, profits, or other financial benefits ensue to the person as a partner, shareholder, investor, agent, employee, consultant, or joint venturer of the contractor.

History. (§ 1 ch 36 SLA 1984; am § 24 ch 106 SLA 1986; am § 4 ch 113 SLA 1986; am § 5 ch 127 SLA 1992; am §§ 21, 22 ch 74 SLA 1998; am § 22 ch 47 SLA 2007)

Revisor’s notes. —

Subsection (b) was enacted as (c). Relettered in 1998, at which time former (b) was relettered as (c).

Sec. 24.60.045. Hazardous waste contracts. [Repealed, § 42 ch 127 SLA 1992.]

Sec. 24.60.050. State programs and loans.

1. A legislator or legislative employee may, without disclosure to the committee, participate in a state benefit program or receive a loan from the state if the program or loan is generally available to members of the public, is subject to fixed, objective eligibility standards, and requires minimal discretion in determining qualification.
2. The committee shall review state benefit programs and state loans and annually publish a list of programs and loans, designating which ones do not meet the standards of (a) of this section.
3. A legislator or legislative employee who participates in a program or receives a loan that is not exempt from disclosure under (a) of this section shall file with the committee by the date required under AS 24.60.105 a disclosure stating the amounts of the loans outstanding or benefits received during the preceding calendar year from nonqualifying programs. If the committee requests additional information necessary to determine the propriety of participating in the program or receiving the loan, it shall be promptly provided. The committee shall maintain the disclosure as a public record and promptly forward the information contained in the disclosure to the presiding officer of each house who shall have it published in the supplemental journals on or before the next regularly scheduled publication of ethics disclosures. If a legislator or legislative employee asks the committee to keep any part of the disclosure confidential and a quorum of the committee determines by vote of a majority of committee members that making the entire disclosure public would cause an unjustifiable invasion of personal privacy, the committee may elect to publish only the fact that a person has participated in the program and the amount of benefit that the unnamed person received. The committee shall maintain the disclosure of the name of the person as confidential and may only use the disclosure in a proceeding under AS 24.60.170 . If the disclosure becomes part of the record of a proceeding under AS 24.60.170 , the disclosure may be made public as provided in that section.
4. If loan proceeds or other program benefits are received from nonqualifying programs or loans after the end of a calendar year, the legislator or legislative employee shall file a statement with the committee within 30 days after the beginning of participation in the state program or receipt of proceeds from the state loan or by the date required under AS 24.60.105 , whichever is later. If the committee receives the statement while the legislature is in session, it shall promptly forward the statement to the chief clerk of the house or the secretary of the senate, as appropriate, who shall cause it to be published in the supplemental journal. If the committee receives a statement while the legislature is not in session, it shall forward the statement to the chief clerk of the house or the secretary of the senate for publication when the legislature next convenes.
5. If the committee determines that a legislator or legislative employee received a state benefit or loan as a result of unfair or improper influence, the committee may initiate a complaint or take other appropriate action. In addition, the committee shall refer the matter to the attorney general for action under other civil or criminal laws.
6. The committee shall annually recommend to the Legislative Budget and Audit Committee the programs and loans to be audited by the division of legislative audit during the following year, including the scope of the audit. The records of the relevant state agencies shall be made available to the division of legislative audit. The division of legislative audit shall prepare a report to the Legislative Budget and Audit Committee on its findings. The report is confidential until it is released by the Legislative Budget and Audit Committee.

History. (§ 1 ch 36 SLA 1984; am § 5 ch 113 SLA 1986; am § 2 ch 167 SLA 1988; am § 6 ch 127 SLA 1992; am § 23 ch 74 SLA 1998; am § 14 ch 33 SLA 1999; am § 23 ch 47 SLA 2007; am § 4 ch 45 SLA 2012)

Sec. 24.60.060. Confidential information.

1. A legislator, legislative employee, or public member of the committee may not knowingly make an unauthorized disclosure of information that is made confidential by law and that the person acquired in the course of official duties. A person who violates this section is subject to a proceeding under AS 24.60.170 and may be subject to prosecution under AS 11.56.860 or another law.
2. A legislator or legislative employee who is the subject of a complaint under AS 24.60.170 violates this section if the legislator or legislative employee violates a protective order issued under AS 24.60.170 (i).

History. (§ 1 ch 36 SLA 1984; am § 7 ch 127 SLA 1992; am § 24 ch 74 SLA 1998; am § 5 ch 45 SLA 2012)

Sec. 24.60.070. Disclosure of close economic associations.

1. A legislator or legislative employee shall disclose to the committee, which shall maintain a public record of the disclosure and forward the disclosure to the respective house for inclusion in the journal, the formation or maintenance of a close economic association involving a substantial financial matter with
   1. a supervisor who is not a member of the legislature who has responsibility or authority, either directly or indirectly, over the person’s employment, including preparing or reviewing performance evaluations, or granting or approving pay raises or promotions; this paragraph does not apply to a public member of the committee;
   2. legislators;
   3. a public official as that term is defined in AS 39.50;
   4. a registered lobbyist; or
   5. a legislative employee if the person required to make the disclosure is a legislator.
2. A legislator or legislative employee required to make a disclosure under this section shall make a disclosure by the date set under AS 24.60.105 of the legislator’s or legislative employee’s close economic associations then in existence. A disclosure under this section must be sufficiently detailed that a reader of the disclosure can ascertain the nature of the association.
3. When making a disclosure under (a) of this section concerning a relationship with a lobbyist to whom the legislative employee is married or who is the legislative employee’s domestic partner, the legislative employee shall also disclose the name and address of each employer of the lobbyist and the total monetary value received by the lobbyist from the lobbyist’s employer. The legislative employee shall report changes in the employer of the spouse or domestic partner within 48 hours after the change. In this subsection, “employer of the lobbyist” means the person from whom the lobbyist received amounts or things of value for engaging in lobbying on behalf of the person.
4. In this section, “close economic association” means a financial relationship that exists between a person covered by this chapter and some other person or entity, including but not limited to relationships where the person covered by this chapter serves as a consultant or advisor to, is a member or representative of, or has a financial interest in, any association, partnership, business, or corporation.

History. (§ 1 ch 36 SLA 1984; am § 6 ch 113 SLA 1986; am §§ 8, 9 ch 127 SLA 1992; am § 16 ch 6 SLA 1993; am §§ 25, 26 ch 74 SLA 1998; am § 27 ch 108 SLA 2003; am §§ 24, 25 ch 47 SLA 2007)

Revisor’s notes. —

Subsection (c) was enacted as (d). Relettered in 1998, at which time former subsection (c) was relettered as (d).

Sec. 24.60.075. Compassionate gift exemption.

1. Notwithstanding AS 24.45.121 and AS 24.60.080 , a person may give a compassionate gift to a legislator or legislative employee, and a legislator or a legislative employee may solicit, receive, or accept a compassionate gift from a person, subject to the limitations in (b) — (e) of this section.
2. A compassionate gift may not be solicited, accepted, or received unless a written request has been approved in writing by the chair of the legislative council, and the committee chair or vice-chair has approved in writing the decision of the chair of the legislative council.
3. A legislator or legislative employee who receives a compassionate gift, directly or indirectly, shall disclose to the committee the name of the gift’s source and the value of the gift within 30 days after receipt.
4. In this section, the value of a gift shall be determined by the fair market value of the gift, to the extent that the fair market value can be determined.
5. In this section, “compassionate gift” means a solicited or unsolicited gift intended to aid or comfort a recipient or a member of the recipient’s immediate family in contending with a catastrophe, a tragedy, or a health-related emergency.

History. (§ 26 ch 47 SLA 2007; am § 1 ch 2 SLA 2008)

Sec. 24.60.080. Gifts.

1. Except as otherwise provided in this section, a legislator or legislative employee may not
   1. solicit, accept, or receive, directly or indirectly, a gift worth $250 or more, whether in the form of money, services, a loan, travel, entertainment, hospitality, promise, or other form, or gifts from the same person worth less than $250 that in a calendar year aggregate to $250 or more in value;
   2. solicit, accept, or receive a gift with any monetary value from a lobbyist, an immediate family member of a lobbyist, or a person acting on behalf of a lobbyist, except
      1. food or nonalcoholic beverage for immediate consumption
         1. with a value of $15 or less; or
         2. provided as part of an event that is open to all legislators or legislative employees;
      2. a contribution to a charity event, tickets to a charity event, and gifts to which the tickets may entitle the bearer; however, under this subparagraph a legislator or legislative employee may not solicit, accept, or receive from the same lobbyist, an immediate family member of the lobbyist, or a person acting on behalf of the lobbyist, tickets to a charity event, gifts to which the tickets may entitle the bearer, or both, that in a calendar year aggregate to $250 or more in value; in this subparagraph, “charity event” means an event the proceeds of which go to a charitable organization with tax- free status under 26 U.S.C. 501(c)(3) and that the Alaska legislative council has approved in advance; the tickets may entitle the bearer to admission to the event, to entertainment, to food or beverages, or to other gifts or services in connection with the charity event;
      3. a gift that is unconnected with the recipient’s legislative status and is from a member of the legislator’s or legislative employee’s immediate family;
      4. a gift delivered on the premises of a state facility and accepted on behalf of a recognized nonpolitical charitable organization; or
      5. a compassionate gift under AS 24.60.075 .
2. [Repealed, § 42 ch 127 SLA 1992.]
3. Notwithstanding (a)(1) of this section, it is not a violation of this section for a person who is a legislator or legislative employee to accept
   1. hospitality, other than hospitality described in (4) of this subsection,
      1. with incidental transportation at the residence of a person; however, a vacation home located outside the state is not considered a residence for the purposes of this subparagraph; or
      2. at a social event or meal;
   2. discounts that are available
      1. generally to the public or to a large class of persons to which the person belongs; or
      2. when on official state business, but only if receipt of the discount benefits the state;
   3. food or foodstuffs indigenous to the state that are shared generally as a cultural or social norm;
   4. travel and hospitality primarily for the purpose of obtaining information on matters of legislative concern;
   5. gifts from the immediate family of the person; in this paragraph, “immediate family” means
      1. the spouse of the person;
      2. the person’s domestic partner;
      3. a child, including a stepchild and an adopted child, of the person or of the person’s domestic partner;
      4. a parent, sibling, grandparent, aunt, or uncle of the person;
      5. a parent, sibling, grandparent, aunt, or uncle of the person’s spouse or the person’s domestic partner; and
      6. a stepparent, stepsister, stepbrother, step-grandparent, step-aunt, or step-uncle of the person, the person’s spouse, or the person’s domestic partner;
   6. gifts that are not connected with the recipient’s legislative status;
   7. a discount for all or part of a legislative session, including time immediately preceding or following the session, or other gift to welcome a legislator or legislative employee who is employed on the personal staff of a legislator or by a standing or special committee to the capital city or in recognition of the beginning of a legislative session if the gift or discount is available generally to all legislators and the personal staff of legislators and staff of standing and special committees; this paragraph does not apply to legislative employees who are employed by the Legislative Affairs Agency, the office of the chief clerk, the office of the senate secretary, the legislative budget and audit committee, the office of victims’ rights, or the office of the ombudsman;
   8. a gift of legal services in a matter of legislative concern and a gift of other services related to the provision of legal services in a matter of legislative concern;
   9. a gift of transportation from a legislator or a legislative employee to a legislator or a legislative employee if the transportation takes place in the state on or in an aircraft, boat, motor vehicle, or other means of transport owned or under the control of the donor; this paragraph does not apply to travel described in (4) of this subsection or travel for political campaign purposes; or
   10. a contribution to a charity event, a ticket to a charity event, or a gift in connection with a charity event; in this paragraph, “charity event” has the meaning given in (a)(2)(B) of this section.
4. A legislator or legislative employee who accepts a gift under (c)(4) of this section that has a value of $250 or more or a ticket to a charity event or gift in connection with a charity event under (c)(10) of this section that has a value of $250 or more shall disclose to the committee, within 60 days after receipt of the gift, the name and occupation of the donor and the approximate value of the gift. A legislator or legislative employee who accepts a gift under (c)(8) of this section that the recipient expects will have a value of $250 or more in the calendar year shall disclose to the committee, within 30 days after receipt of the gift, the name and occupation of the donor, a general description of the matter of legislative concern with respect to which the gift is made, and the approximate value of the gift. The committee shall maintain a public record of the disclosures it receives relating to gifts under (c)(4), (c)(8), (c)(10), and (i) of this section and shall forward the disclosures to the appropriate house for inclusion in the journal. The committee shall forward to the Alaska Public Offices Commission copies of the disclosures concerning gifts under (c)(4), (c)(8), (c)(10), and (i) of this section that it receives from legislators and legislative directors. A legislator or legislative employee who accepts a gift under (c)(6) of this section that has a value of $250 or more shall, within 30 days after receiving the gift, disclose to the committee the name and occupation of the donor and a description of the gift. The committee shall maintain disclosures relating to gifts under (c)(6) of this section as confidential records and may only use, or permit a committee employee or contractor to use, a disclosure under (c)(6) of this section in the investigation of a possible violation of this section or in a proceeding under AS 24.60.170 . If the disclosure under (c)(6) of this section becomes part of the record of a proceeding under AS 24.60.170 , the confidentiality provisions of that section apply to the disclosure.
5. A political contribution is not a gift under this section if it is reported under AS 15.13.040 or is exempt from the reporting requirement under AS 15.13.040 (g). The use of a bulk mailing permit owned by a legislator’s campaign committee or used in a legislator’s election campaign is not a gift to that legislator under this section.
6. Notwithstanding (a) of this section, a legislator or legislative employee may accept a gift of property worth $250 or more, other than money, from another government or from an official of another government if the person accepts the gift on behalf of the legislature. The person shall, within 60 days after receiving the gift, deliver the gift to the legislative council, which shall determine the appropriate disposition of the gift. In this subsection, “another government” means a foreign government or the government of the United States, another state, a municipality, or another jurisdiction.
7. Notwithstanding (a) of this section, a legislator or legislative employee may solicit, accept, or receive a gift on behalf of a recognized, nonpolitical charitable organization.
8. A legislator, a legislative committee other than the Select Committee on Legislative Ethics, or a legislative agency may accept a gift of (1) volunteer services for legislative purposes so long as the person making the gift of services is not receiving compensation from another source for the services, or (2) the services of a legislative intern who is participating in an educational program approved by the committee if the services are used for legislative purposes. The committee shall approve training under a program of the University of Alaska and training under 29 U.S.C. 2801 — 2945 (Workforce Investment Act of 1998).
9. A legislator or legislative employee who knows or reasonably should know that an immediate family member has received a gift because of the family member’s connection with the legislator or legislative employee shall disclose for publication under (d) of this section the receipt of the gift by the family member to the committee if the gift would have to be disclosed under this section if it had been received by the legislator or legislative employee. If receipt of the gift by a person who is a legislator or legislative employee would be prohibited under this section, a member of the person’s immediate family may not receive the gift.
10. In this section, the value of a gift shall be determined by the fair market value of the gift to the extent that the fair market value can be determined.
11. [Repealed, § 74 ch 47 SLA 2007.]

History. (§ 1 ch 36 SLA 1984; am § 3 ch 167 SLA 1988; am §§ 10 — 13, 42 ch 127 SLA 1992; am §§ 27 — 33 ch 74 SLA 1998; am § 9 ch 3 SLA 2002; am § 42 ch 86 SLA 2002; am § 28 ch 108 SLA 2003; am § 6 ch 115 SLA 2003; am § 3 ch 10 SLA 2006; am §§ 27 — 30, 74 ch 47 SLA 2007; am §§ 2, 3 ch 94 SLA 2008; am §§ 6 — 9 ch 45 SLA 2012; am § 12 ch 9 SLA 2014; am § 10 ch 61 SLA 2018)

Revisor’s notes. —

Subsections (g) — (j) were enacted as (h) — (k). Relettered in 1998, at which time former subsection (g) was relettered as (k).

Cross references. —

The Workforce Investment Act of 1998, 29 U.S.C. 2801 — 2945, referenced in subsection (h), was repealed and replaced in 2014 by the Workforce Innovation and Opportunity Act, 29 U.S.C. 3101 et seq.

Effect of amendments. —

The 2014 amendment, effective April 23, 2014, in (c)(5)(C), substituted “an adopted child” for “an adoptive child”.

The 2018 amendment, effective July 20, 2018, in the introductory language of (a)(2)(A), inserted “nonalcoholic” following “food or”, added (a)(2)(A)(i) and (ii). Although the 2018 amendment was to have taken effect July 1, 2018, under sec. 17, ch. 61, SLA 2018, the governor did not sign the bill until July 19, 2018, and so the actual effective date of the amendment was July 20, 2018, under AS 01.10.070(d) .

Editor's notes. —

For provision relating to the severability of the 2018 amendments to this section, see sec. 15, ch. 61, SLA 2018, in the 2018 Temporary and Special Acts.

Sec. 24.60.085. Restrictions on earned income and honoraria.

1. A legislator or legislative employee may not
   1. seek or accept compensation for personal services that is significantly greater than the value of the services rendered taking into account the higher rates generally charged by specialists in a profession; or
   2. accept a payment of anything of value, except for actual and necessarily incurred travel expenses, for an appearance or speech by the legislator or legislative employee; this paragraph does not apply to the salary paid to a legislator or legislative employee for making an appearance or speech as part of the legislator’s or legislative employee’s normal course of employment.
2. Notwithstanding (a) of this section, a legislator or legislative employee may accept a payment for an appearance or speech if the appearance or speech is not connected with the person’s legislative status.
3. During the term for which elected or appointed, a legislator may not, directly or by authorizing another to act on the legislator’s behalf, accept or agree to accept compensation, except from the State of Alaska, for work associated with legislative action, administrative action, or political action. Notwithstanding AS 24.60.990 , in this subsection, “administrative action” and “legislative action” have the meanings given in AS 24.45.171 .

History. (§ 14 ch 127 SLA 1992; am § 34 ch 74 SLA 1998; am § 31 ch 47 SLA 2007)

Sec. 24.60.090. Nepotism.

1. An individual who is related to a member of the legislature may not be employed for compensation (1) during the legislative session in the house in which the legislator is a member, (2) by an agency of the legislature established under AS 24.20, (3) in either house during the interim between sessions, or (4), whether for compensation or not, by the committee. An individual who is related to a legislative employee may not be employed in a position over which the employee has supervisory authority. In this subsection, “an individual who is related to” means a member of the legislator’s or legislative employee’s immediate family or a person who is a legislator’s or legislative employee’s domestic partner living together in a conjugal relationship not a legal marriage with the legislator or legislative employee, and “interim between sessions” means the period beginning on the eighth day after the legislature adjourns from a regular session, and ending eight days before the date that the legislature shall convene under AS 24.05.090 .
2. [Repealed, § 42 ch 127 SLA 1992.]
3. [Repealed, § 42 ch 127 SLA 1992.]

History. (§ 1 ch 36 SLA 1984; am §§ 15, 42 ch 127 SLA 1992; am § 29 ch 108 SLA 2003)

Sec. 24.60.100. Representation.

A legislator or legislative employee who represents another person for compensation before an agency, board, or commission of the state shall disclose the name of the person represented, the subject matter of the representation, and the body before which the representation is to take place to the committee. The disclosure shall be made by the deadlines set out in AS 24.60.105 . The committee shall maintain a public record of a disclosure under this section and forward the disclosure to the respective house for inclusion in the journal. A legislator or legislative employee may not represent another person for compensation before an agency, committee, or other entity of the legislative branch.

History. (§ 1 ch 36 SLA 1984; am § 7 ch 113 SLA 1986; am § 16 ch 127 SLA 1992; am § 35 ch 74 SLA 1998)

Sec. 24.60.105. Deadlines for filing disclosures; requests to refrain from disclosure.

1. When a legislator or legislative employee is required to file a disclosure under this chapter and a date by which the disclosure must be filed is not otherwise set by statute, the deadline for filing the disclosure shall be 30 days after the commencement of the matter or interest or the date the legislator or legislative employee first becomes subject to this chapter, whichever comes later.
2. Disclosures under the following statutes are subject to the deadlines set out in this section:
   1. service on the board of an organization as set out in AS 24.60.030(f) ;
   2. an interest in a state contract or lease under AS 24.60.040 and the renegotiation of the terms of a state contract or lease that materially affect the obligations of either party;
   3. participation in a state program or receipt of a state loan under AS 24.60.050 and the renegotiation of the terms of the program or loan if the renegotiation materially affects the obligations of either party;
   4. formation or maintenance of a close economic association under AS 24.60.070 ;
   5. representation of a client under AS 24.60.100 .
3. In addition to the filing requirements under (a) and (b) of this section, the disclosures under (b) of this section shall be made annually, in a report filed with the committee within 30 days after the first day of the regular legislative session.
4. A person may submit a written request to refrain from making a disclosure that is required by this chapter if making the disclosure would violate state or federal law, including the United States Constitution and the Constitution of the State of Alaska, or a rule, adopted formally by a trade or profession, that state or federal law requires the person to follow. The committee shall approve or deny the request, or require further justification from the person making the request. At the request of the committee or a person authorized to act on behalf of the committee, a person who seeks to refrain from making a disclosure under this subsection shall provide the committee with justification in writing, and the committee may review the written justification to determine whether it is sufficient.

History. (§ 36 ch 74 SLA 1998; am §§ 32, 33 ch 47 SLA 2007; am § 10 ch 45 SLA 2012)

Sec. 24.60.110. Action on a conflict of interest. [Repealed, § 42 ch 127 SLA 1992.]

Sec. 24.60.112. Applicability to legislative interns, volunteers, consultants, and independent contractors.

1. A legislative intern or legislative volunteer shall comply with AS 24.60.030 - 24.60.039 , 24.60.060 , 24.60.080 , 24.60.085 , and 24.60.155 , and the committee shall apply AS 24.60.158 - 24.60.170 , 24.60.176 , and 24.60.178 to a legislative intern or legislative volunteer.
2. A legislative consultant or legislative independent contractor shall comply with AS 24.60.030(a)(1) and (3), 24.60.031(a) , 24.60.033 , 24.60.060 , and 24.60.080(a) , (c)(1) - (6), (g), and (j), and the committee shall apply AS 24.60.158 - 24.60.170 , 24.60.176 , and 24.60.178 to a legislative consultant or legislative independent contractor.
3. If a person believes that a legislative intern, legislative volunteer, legislative consultant, or legislative independent contractor has violated a provision of this chapter that is made applicable by this section, the person may file a complaint under AS 24.60.170 .

History. (§ 4 ch 94 SLA 2008; am § 11 ch 45 SLA 2012; am § 1 ch 29 SLA 2016)

Revisor’s notes. —

This section was enacted as AS 24.60.080 ( l ) and renumbered in 2008, at which time “this section” was deleted and “24.60.080” was added. However, before its enactment as AS 24.60.080 ( l ), the language of this section was part of AS 24.60.080(h) .

Effect of amendments. —

The 2016 amendment, effective September 20, 2016, rewrote the section.

Sec. 24.60.115. Disclosure required of a legislator, legislative employee, or public member of the committee after final day of service.

A person serving as a legislator, legislative employee, or public member of the committee shall, not later than 90 days after the person’s final day of service as a legislator, legislative employee, or public member, file a final disclosure of every matter or interest, except for a matter or interest subject to disclosure under AS 24.60.200 , that was subject to disclosure under this chapter while the person was serving, unless the person previously disclosed the matter or interest and, for that reason, the matter or interest is no longer subject to disclosure. Nothing in this section excuses the filing of a disclosure or report as may be required by another section of this chapter.

History. (§ 34 ch 47 SLA 2007)

Sec. 24.60.120. State property and funds. [Repealed, § 42 ch 127 SLA 1992.]

Sec. 24.60.130. Select committee on legislative ethics.

1. There is established as a permanent interim committee within the legislative branch of state government the Select Committee on Legislative Ethics.
2. The committee consists of nine members, in two subcommittees, as follows:
   1. the senate subcommittee, which consists of two members of the senate, one of whom shall be a member of the minority organizational caucus, if any, appointed by the president of the senate with the concurrence by roll call vote of two-thirds of the full membership of the senate, and includes the five public members appointed under (3) of this subsection;
   2. the house subcommittee, which consists of two members of the house, one of whom shall be a member of the minority organizational caucus, if any, appointed by the speaker of the house with the concurrence by roll call vote of two-thirds of the full membership of the house, and includes the five public members appointed under (3) of this subsection; and
   3. five public members who are selected by the Chief Justice of the Alaska Supreme Court and who are ratified by two-thirds of the full membership of the senate and two-thirds of the full membership of the house.
3. No more than one public member may be a former legislator and no more than two public members of the committee may be members of the same political party.
4. The members of each subcommittee shall elect a chair and a vice-chair, who serve a term of two years. Neither a chair nor a vice-chair may be a member of the legislature. An officer may not hold the same office for more than two consecutive terms. The vice-chair shall act as chair in the absence of the chair. The chair selected by the senate subcommittee shall chair the full committee beginning the first day of the regular session in odd-numbered years and the chair selected by the house subcommittee shall chair the full committee beginning the first day of the regular session in even-numbered years.
5. Except as provided in this subsection, a vacancy on the committee shall be filled under (b) of this section. An individual who is appointed to fill a vacancy that occurs during the last 10 days of the first regular session of a legislature or during the interim between regular sessions of that legislature serves without concurrence or ratification through the 10th day of the second regular session of the legislature. An individual who is appointed to fill a vacancy that occurs during the last 10 days of the second regular session of a legislature or during the interim after the second regular session serves without concurrence or ratification through the convening of the first regular session of the next legislature.
6. The committee may contract for professional services and may employ staff as it considers necessary. A committee employee, including a person who provides personal services under a contract with the committee, may not be a legislator, an elected or appointed official of a state or local governmental entity, an officer of a political party, a candidate for public office, or a registered lobbyist. The legislative council shall provide office space, equipment, and additional staff support for the committee. The committee shall submit a budget for each fiscal year to the finance committees of the legislature and shall annually submit an estimated budget to the governor for information purposes in preparation of the state operating budget. Public members of the committee serve without compensation for their services, but are entitled to per diem and travel expenses authorized for boards and commissions under AS 39.20.180 .
7. Each legislative member serves for the duration of the legislature during which the member is appointed. Each public member serves for a term that commences on the date the member is ratified and ends on the first day of the third regular session that follows the ratification. A public member whose term has expired continues in office until a successor has been appointed and ratified or until the 30th calendar day of the first legislative session that follows the successor’s appointment, whichever is earlier. A member of the committee may be removed from membership on the committee for failure to carry out the person’s duties as a member of the committee. A legislator may be removed with the concurrence by roll call vote of two-thirds of the full membership of the house of the legislature to which the member belongs. A public member may be removed with the concurrence by roll call vote of two-thirds of the full membership of each house of the legislature.
8. A member is disqualified from participating as a member in any proceeding before the committee involving a complaint against the member or an employee whose work is supervised by the member or an advisory opinion requested by the member. If a regular legislative member of the committee is disqualified under this subsection from participating in a proceeding involving a complaint, the member’s alternate shall be designated under AS 24.60.131 .
9. A quorum of the committee consists of a majority of the members and must include at least two legislative members and three public members. A quorum of a subcommittee established under this section consists of a majority of the members of the subcommittee and must include at least one legislative member and three public members. A vote of a majority of the members appointed to the committee or a subcommittee is required for official action.
10. Except to the extent that a provision would prevent the committee from complying with the confidentiality provisions of this chapter, the committee is subject to AS 44.62.310 — 44.62.319 (Open Meetings Act) and to the procurement provisions adopted by the legislative council under AS 36.30.020 . In this subsection, “committee” includes a subcommittee.
11. A member or an employee or contractor of the committee may obtain access to closed committee files containing information that is made confidential by law only if the committee determines that the person has a need to obtain access to the closed files that relates to the official duties of the committee and the person seeking access.
12. The committee or a subcommittee shall meet at the call of the chair or a majority of the members. The committee or a subcommittee may meet by teleconference.
13. Except as provided in (b)(1) and (2) of this section, a member may not be a legislator, a legislative employee, an elected or appointed official required to make disclosures under AS 39.50 (public official financial disclosure), an officer of a political party, a candidate for public office, or a registered lobbyist.
14. [Repealed, § 18 ch 45 SLA 2012.]
15. Notwithstanding (h) of this section and AS 24.60.131 , if a complaint before the committee alleges a violation of this chapter by a group of legislators that includes a legislative member of the committee and that member’s alternate, the member and alternate member are disqualified from serving on the committee with regard to the complaint. If the two disqualified members of the committee are members of the majority organizational caucus, the presiding officer of the house in which the two disqualified members serve shall appoint from that house an alternate to serve with regard to the complaint. If one of the two disqualified legislative members of the committee is not a member of the majority organizational caucus, the leader of the minority organizational caucus with the greatest number of members shall appoint from that house an alternate to serve with regard to the complaint. If a complaint alleges a violation of this chapter that includes all legislative members of the majority organizational caucus of one house, the presiding officer of that house shall appoint from the other house an alternate to serve with regard to the complaint. If the complaint alleges a violation of this chapter that includes all legislative members of a minority organizational caucus of one house, the leader of that minority organizational caucus shall appoint from the other house an alternate to serve with regard to the complaint.
16. In this section,
    1. “majority organizational caucus” means a group of legislators who have organized and elected a majority leader and constitute more than 50 percent of the total membership of the house or senate, as appropriate;
    2. “minority organizational caucus” means a group of legislators who have organized and elected a minority leader and constitute at least 25 percent of the total membership of the house or senate, as appropriate.

History. (§ 1 ch 36 SLA 1984; am §§ 9, 10 ch 113 SLA 1986; am §§ 4 — 6 ch 167 SLA 1988; am §§ 17 — 24 ch 127 SLA 1992; am §§ 37 — 40 ch 74 SLA 1998; am § 15 ch 33 SLA 1999; am §§ 35 — 37 ch 47 SLA 2007; am §§ 12, 13, 18 ch 45 SLA 2012)

Revisor’s notes. —

Former subsection (n) was enacted as (o) and relettered in 1998. Subsection (o) was enacted as (p) and relettered in 2007. Subsection (p) was enacted as (n), lettered in 1998 as (o), and relettered in 2007 as (p).

In 2010, “AS 44.62.310 — 44.62.319 (Open Meetings Act)” was substituted for “AS 44.62.310 — 44.62.312 ” in accordance with § 29(2), ch. 58, SLA 2010.

Sec. 24.60.131. Alternate members.

1. When appointing members of the legislature to serve on the committee under AS 24.60.130(b) , the speaker of the house of representatives or the president of the senate, as appropriate, shall appoint an alternate member for each regular member. The alternate member shall have the same qualifications for appointment to the committee as the regular member for whom the alternate stands as alternate. The alternate member’s appointment is subject to confirmation as required for appointment of the regular member.
2. When selecting public members to serve on the committee under AS 24.60.130(b) , the Chief Justice of the Alaska Supreme Court shall select one alternate public member. The alternate public member’s selection is subject to ratification as required for selection of the regular public members.
3. Subject to (d) of this section, if a regular member of the committee or a subcommittee is unable to participate in a proceeding other than a proceeding under AS 24.60.170 , the chair of the committee or subcommittee that holds the proceeding shall designate the regular member’s alternate to participate in place of the regular member at the proceeding, and the alternate shall participate for the duration of that proceeding unless the alternate is unable to participate.
4. If a regular member of the committee or a subcommittee or an alternate member appointed under (a) or (b) of this section participates at the commencement of a proceeding under AS 24.60.170 , the member shall participate for the duration of the proceeding unless the member is disqualified under AS 24.60.130(h) or is unable to continue participating. If the participating member is disqualified under AS 24.60.130(h) or becomes unable to participate, the chair of the committee or subcommittee that holds the proceeding shall designate the member’s alternate to participate in place of the member for the duration of the proceeding unless the alternate is disqualified or is unable to participate.
5. If both a regular legislative member and that member’s alternate appointed under (a) of this section are not available to participate at the commencement of a proceeding under AS 24.60.170 because they are disqualified under AS 24.60.130(h) , the presiding officer of the house in which the two members serve shall appoint from that house an alternate and designate that alternate to participate in the proceeding; however, if the two members who are not available to participate are not members of the majority organizational caucus, the leader of the minority organizational caucus with the greatest number of members shall appoint from that house an alternate and designate that alternate to participate in the proceeding.
6. A designation under (c) — (e) of this section shall be treated as confidential to the same extent that the identity of the subject of a complaint is required to be kept confidential.

History. (§ 14 ch 45 SLA 2012)

Sec. 24.60.134. Prohibited conduct by public members and committee employees and contractors.

1. Except as provided in (c) of this section, in addition to complying with the other requirements of this chapter, a public member of the committee, an employee of the committee, or a person under contract to provide personal services to the committee may not, during the person’s term of office or employment or during the life of the contract, participate in
   1. political management or in a political campaign for a candidate for election to federal, state, or local office, regardless of whether the campaign is partisan or nonpartisan, or for passage or defeat of a ballot measure of any type;
   2. the campaign of, attend campaign fund-raising events for, or make a financial contribution to
      1. a candidate for the legislature;
      2. an incumbent legislator or legislative employee who is a candidate for another public office; or
      3. a person running for another office against an incumbent legislator or legislative employee;
   3. a fund-raising event held on behalf of a political party or attend a political party fund-raising event; or
   4. lobbying activities that would require the person to register as a lobbyist except as required to inform the legislature concerning legislation requested by the committee or other matters related to the committee.
2. A violation or alleged violation of this section shall be treated as any other violation of this chapter and shall be dealt with by the committee accordingly. During the pendency of a complaint against a member, committee employee, or committee contractor, the person complained against may not participate in official action of the committee.
3. A person under contract to provide personal services to the committee who does so as part of a sole proprietorship, corporation, partnership, or other legal entity that includes individuals who will not be participating directly in the work performed by the entity for the committee may request the committee to exclude members of the entity from some or all of the provisions of this section. The committee may grant the request if it finds that
   1. doing so will not lead to the appearance that the committee is subject to undue political influence; and
   2. there is no appearance of impropriety.

History. (§ 25 ch 127 SLA 1992; am §§ 41, 42 ch 74 SLA 1998; am § 2 ch 29 SLA 2016)

Effect of amendments. —

The 2016 amendment, effective September 20, 2016, in (c), in the introductory language, substituted “does so as” for “is”, inserted “sole proprietorship,” preceding “corporation”, inserted “, or other legal entity” preceding “that includes”, designated parts of (c) as (1) and (2); and made related changes.

Sec. 24.60.140. Authority of the committee and its subcommittees.

1. The senate subcommittee has authority over proceedings concerning conduct by a member or former member of the senate or a person employed by a member or a committee of the senate.
2. The house subcommittee has authority over proceedings concerning the conduct by a member or former member of the house or a person employed by a member or a committee of the house.
3. The full committee has authority
   1. over proceedings concerning the conduct by an employee of an agency of the legislature;
   2. to review any matter arising under this chapter that would result in action being required by both houses of the legislature; and
   3. to issue advisory opinions under AS 24.60.160 .

History. (§ 1 ch 36 SLA 1984)

Sec. 24.60.150. Duties of the committee.

1. The committee shall
   1. adopt procedures to facilitate the receipt of inquiries and prompt rendition of its opinions;
   2. publish annual summaries of decisions and advisory opinions with sufficient deletions in the summaries to prevent disclosing the identity of the persons involved in the decisions or opinions that have remained confidential;
   3. publish legislative ethics materials, including an annually updated handbook on standards of ethical conduct and a bimonthly legislative newsletter, to help educate legislators, legislative employees, and public members of the committee on the subject of legislative ethics;
   4. within 10 days of the first day of each regular session of the legislature and at other times determined by the committee, administer two types of legislative ethics courses that teach means of compliance with this chapter and are designed to give an understanding of this chapter’s purpose under AS 24.60.010 ; one course, for returning legislators, legislative employees, or public members of the committee, must refresh knowledge and review compliance issues; a separate course shall be designed to give first-time legislators, legislative employees, or public members of the committee a fundamental understanding of this chapter and how to comply with it.
2. The committee may
   1. recommend legislation to the legislature the committee considers desirable or necessary to promote and maintain high standards of ethical conduct in government;
   2. subpoena witnesses, administer oaths, and take testimony relating to matters before the committee, and may require the production for examination of any books or papers relating to any matter under investigation before the committee.

History. (§ 1 ch 36 SLA 1984; am § 11 ch 113 SLA 1986; am § 38 ch 47 SLA 2007; am § 5 ch 94 SLA 2008)

Sec. 24.60.155. Legislative ethics course.

1. A person who is a legislator, legislative employee, public member of the committee, legislative intern, or legislative volunteer shall complete a legislative ethics course administered by the committee under AS 24.60.150(a)(4) within 10 days of the first day of the first regular session of each legislature or, if the person first takes office or begins service after the 10th day of that session, within 30 days after the person takes office or begins service. The committee may grant a person additional time to complete the course required by this section.
2. A legislative intern or legislative volunteer who serves fewer than 30 days in one legislature is not subject to the requirements under (a) of this section.

History. (§ 39 ch 47 SLA 2007; am § 15 ch 45 SLA 2012)

Sec. 24.60.158. Advice by staff.

The committee shall authorize and train its staff to give oral advice and provide a written informal nonbinding advice letter to persons seeking guidance as to the spirit or legal requirements of this chapter, provided that the advice is given with the express stipulations that

1. the opinions given are not necessarily those of the committee;
2. although the advice is given in good faith, the person seeking the advice relies on it at the person’s own risk; and
3. the advice is not binding upon the committee.

History. (§ 26 ch 127 SLA 1992)

Sec. 24.60.160. Advisory opinions.

1. On the request of the committee, the Alaska Public Offices Commission, a person to whom this chapter applies, or a person who has been newly elected to the legislature, the committee shall issue an advisory opinion within 60 days as to whether the facts and circumstances of a particular case constitute a violation of ethical standards. If it finds that it is advisable to do so, the committee may issue an opinion under this section on the request of a person who reasonably expects to become subject to this chapter within the next 45 days. The 60-day period for issuing an opinion may be extended by the committee if the person requesting the opinion consents.
2. An opinion issued under this section is binding on the committee in any subsequent proceedings concerning the facts and circumstances of the particular case unless material facts were omitted or misstated in the request for the advisory opinion. An opinion issued under this section must be issued with sufficient deletions to prevent disclosing the identity of the person or persons involved. Advisory opinion discussions and deliberations are confidential, unless the requester and anyone else named in the request who is covered by this chapter waives confidentiality. The committee’s final vote on the advisory opinion is a public record.

History. (§ 1 ch 36 SLA 1984; am § 12 ch 113 SLA 1986; am § 27 ch 127 SLA 1992; am § 43 ch 74 SLA 1998; am § 40 ch 47 SLA 2007)

Cross references. —

The Select Committee on Legislative Ethics maintains a public online electronic database of advisory opinions interpreting the Legislative Ethics Act.

Sec. 24.60.165. Use of information submitted with request for advice.

The committee may not bring a complaint against a person based upon information voluntarily given to the committee by the person in connection with a good faith request for advice under AS 24.60.158 or 24.60.160 , and may not use that information against the person in a proceeding under AS 24.60.170 . This section does not preclude the committee from acting on a complaint concerning the subject of a person’s request for advice if the complaint is brought by another person, or if the complaint arises out of conduct taking place after the advice is requested, and does not preclude the committee from using information or evidence obtained from an independent source, even if that information or evidence was also submitted with a request for advice.

History. (§ 28 ch 127 SLA 1992)

Sec. 24.60.170. Proceedings before the committee; limitations.

1. The committee shall consider a complaint alleging a violation of this chapter if the alleged violation occurred within five years before the date that the complaint is filed with the committee. The committee may not consider a complaint filed against all members of the legislature, against all members of one house of the legislature, or against a person employed by the legislative branch of government after the person has terminated legislative service. However, the committee may reinstitute proceedings concerning a complaint that was closed because a former employee terminated legislative service if the former employee resumes legislative service, whether as an employee or a legislator, within five years after the alleged violation.
2. A complaint may be initiated by any person. The complaint must be in writing and signed under oath by the person making the complaint and must contain a statement that the complainant has reason to believe that a violation of this chapter has occurred and describe any facts known to the complainant to support that belief. The committee shall upon request provide a form for a complaint to a person wishing to file a complaint. Upon receiving a complaint, the committee shall advise the complainant that the committee or the subject of the complaint may ask the complainant to testify at any stage of the proceeding as to the complainant’s belief that the subject of the complaint has violated this chapter. The committee shall respond to a complaint concerning the conduct of a candidate for election to state office received during the campaign period in accordance with (o) of this section. The committee shall treat a complaint concerning the conduct of a candidate for election to state office that is pending at the beginning of a campaign period in accordance with (p) of this section. The committee shall immediately provide a copy of the complaint to the person who is the subject of the complaint.
3. When the committee receives a complaint under (a) of this section, it may assign the complaint to a staff person. The staff person shall conduct a preliminary examination of the complaint and advise the committee whether the allegations of the complaint, if true, constitute a violation of this chapter and whether there is credible information to indicate that a further investigation and proceeding is warranted. The staff recommendation shall be based on the information and evidence contained in the complaint as supplemented by the complainant and by the subject of the complaint, if requested to do so by the staff member. The committee shall consider the recommendation of the staff member, if any, and shall determine whether the allegations of the complaint, if true, constitute a violation of this chapter. If the committee determines that the allegations, if proven, would not give rise to a violation, that the complaint is frivolous on its face, that there is insufficient credible information that can be uncovered to warrant further investigation by the committee, or that the committee’s lack of jurisdiction is apparent on the face of the complaint, the committee shall dismiss the complaint and shall notify the complainant and the subject of the complaint of the dismissal. The committee may ask the complainant to provide clarification or additional information before it makes a decision under this subsection and may request information concerning the matter from the subject of the complaint. Neither the complainant nor the subject of a complaint is obligated to provide the information. A proceeding conducted under this subsection, documents that are part of a proceeding, and a dismissal under this subsection are confidential as provided in (l) of this section unless the subject of the complaint waives confidentiality as provided in that subsection.
4. If the committee determines that some or all of the allegations of a complaint, if proven, would constitute a violation of this chapter, or if the committee has initiated a complaint, the committee shall investigate the complaint, on a confidential basis. Before beginning an investigation of a complaint, the committee shall adopt a resolution defining the scope of the investigation. A copy of this resolution shall be provided to the complainant and to the subject of the complaint. As part of its investigation, the committee shall afford the subject of the complaint an opportunity to explain the conduct alleged to be a violation of this chapter.
5. If during the investigation under (d) of this section, the committee discovers facts that justify an expansion of the investigation and the possibility of additional charges beyond those contained in the complaint, the resolution described in (d) of this section shall be amended accordingly and a copy of the amended resolution shall be provided to the subject of the complaint.
6. If the committee determines after investigation that there is not probable cause to believe that the subject of the complaint has violated this chapter, the committee shall dismiss the complaint. The committee may also dismiss portions of a complaint if it finds no probable cause to believe that the subject of the complaint has violated this chapter as alleged in those portions. The committee shall issue a decision explaining its dismissal. Committee deliberations and vote on the dismissal order and decision are not open to the public or to the subject of the complaint. A copy of the dismissal order and decision shall be sent to the complainant and to the subject of the complaint. Notwithstanding (l) of this section, a dismissal order and decision is open to inspection and copying by the public.
7. If the committee investigation determines that a probable violation of this chapter exists that may be corrected by action of the subject of the complaint and that does not warrant sanctions other than correction, the committee may issue an opinion recommending corrective action. This opinion shall be provided to the complainant and to the subject of the complaint, and is open to inspection by the public. Within 20 days after receiving the opinion, the subject of the complaint may request a confidential meeting with the committee at which meeting the committee shall explain the reasons for its recommendations. The committee may divulge confidential information to the subject of the complaint. The information remains confidential. The subject of the complaint may comply with the opinion or may request a hearing before the committee under (j) of this section. After the hearing, the committee may amend or affirm the opinion. If the subject of the complaint agrees to comply with the opinion but later fails to complete the corrective action in a timely manner, the committee may formally charge the person as provided in (h) of this section or may refer the matter to the appropriate house of the legislature, in the case of a legislator, or, in the case of a legislative employee, to the employee’s appointing authority. The appropriate house of the legislature or the appointing authority, as appropriate, may take action to enforce the corrective action or may decline to take action and refer the matter to the committee. In either case, the committee may formally charge the person under (h) of this section.
8. If the subject of a complaint fails to comply with an opinion and the committee decides under (g) of this section to charge the person, or if the committee determines after investigation that there is probable cause to believe that the subject of the complaint has committed a violation of this chapter that may require sanctions instead of or in addition to corrective action, the committee shall formally charge the person. The charge shall be served on the person charged, in a manner consistent with the service of summons under the rules of civil procedure, and a copy of the charge shall be sent to the complainant. The person charged may file a responsive pleading to the committee admitting or denying some or all of the allegations of the charge.
9. A person charged under (h) of this section may engage in discovery in a manner consistent with the Alaska Rules of Civil Procedure. The committee may adopt procedures that
   1. impose reasonable restrictions on the time for this discovery and on the materials that may be discovered;
   2. permit a person who is the subject of a complaint to engage in discovery at an earlier stage of the proceedings;
   3. impose reasonable restrictions on the release of information that the subject of a complaint acquires from the committee in the course of discovery, or on information obtained by use of the committee’s authority, in order to protect the privacy of persons not under investigation to whom the information pertains; however, the committee may not impose restrictions on the release of information by the subject of the complaint unless the complainant has agreed to be bound by similar restrictions and has not made public the information contained in the complaint, information about the complaint, or the fact of filing the complaint.
10. If the committee has issued a formal charge under (h) of this section, and if the person charged has not admitted the allegations of the charge, the committee shall schedule a hearing on the charge. The committee may appoint an individual to present the case against the person charged if that individual does not provide other legal advice to the committee except in the course of presenting cases under this subsection. The hearing shall be scheduled for a date more than 20 and less than 90 days after service of the charge on the person charged, unless the committee schedules a later hearing date. If the complainant prevents the hearing from starting before the 90-day deadline passes and a quorum of the committee determines by vote of a majority of committee members the delay is not supported by a compelling reason or will result in the person charged being deprived of a fair hearing, the committee may dismiss the complaint with prejudice or enter some other order the committee determines is appropriate. At the hearing, the person charged shall have the right to appear personally before the committee, to subpoena witnesses and require the production of books or papers relating to the proceedings, to be represented by counsel, and to cross-examine witnesses. A witness shall testify under oath. The committee is not bound by the rules of evidence, but the committee’s findings must be based upon clear and convincing evidence. Testimony taken at the hearing shall be recorded, and evidence shall be maintained.
11. Following the hearing, the committee shall issue a decision stating whether or not the subject of the complaint violated this chapter, and explaining the reasons for the determination. The committee’s decision may also indicate whether the subject cooperated with the committee in its proceedings. If the committee finds a violation, or lack of cooperation by the subject, the decision shall recommend what sanctions, if any, the committee believes are appropriate. If there has not been a hearing because the person charged admitted to the allegations of the charge, the committee shall issue a decision outlining the facts of the violation and containing a sanctions recommendation.
12. Proceedings of the committee relating to complaints before it are confidential until the committee determines that there is probable cause to believe that a violation of this chapter has occurred. Except to the extent that the confidentiality provisions are waived by the subject of the complaint, the person filing a complaint shall keep confidential the fact that the person has filed a complaint under this section as well as the contents of the complaint filed. The complaint and all documents produced or disclosed as a result of the committee investigation are confidential and not subject to inspection by the public. If in the course of an investigation or probable cause determination the committee finds evidence of probable criminal activity, the committee shall transmit a statement and factual findings limited to that activity to the appropriate law enforcement agency. If the committee finds evidence of a probable violation of AS 15.13, the committee shall transmit a statement to that effect and factual findings limited to the probable violation to the Alaska Public Offices Commission. All meetings of the committee before the determination of probable cause are closed to the public and to legislators who are not members of the committee. However, the committee may permit the subject of the complaint to attend a meeting other than the deliberations on probable cause. The confidentiality provisions of this subsection may be waived by the subject of the complaint. Except to the extent that the confidentiality provisions are waived by the subject of the complaint, if the committee finds that a complainant has violated any confidentiality provision, the committee shall immediately dismiss the complaint. Dismissal of a complaint under this subsection does not affect the right of the committee or any person other than the complainant to initiate a complaint based on the same factual allegations.
13. All documents issued by the committee after a determination of probable cause to believe that the subject of a complaint has violated this chapter, including an opinion recommending corrective action under (g) of this section and a formal charge under (h) of this section, are subject to public inspection. Hearings of the committee under (j) of this section are open to the public, and documents presented at a hearing, and motions filed in connection with the hearing, are subject to inspection by the public. Deliberations of the committee following a hearing, deliberations on motions filed by the subject of a charge under (h) of this section, and deliberations concerning appropriate sanctions are confidential.
14. The committee shall dismiss a complaint against a person employed by the legislative branch of government if the person terminates legislative service. The committee may in its discretion dismiss a complaint against a former member of the legislature whether the complaint was filed before or after the former member departed from the legislature.
15. The committee shall return a complaint concerning the conduct of a candidate for state office received during a campaign period to the complainant unless the subject of the complaint permits the committee to assume jurisdiction under this subsection. If the committee receives a complaint concerning the conduct of a candidate during the campaign period, the committee shall immediately notify the subject of the complaint of the receipt of the complaint, of the suspension of the committee’s jurisdiction during the campaign period, and of the candidate’s right to waive the suspension of jurisdiction under this subsection. The candidate may, within 11 days after the committee mails or otherwise sends notice of the complaint to the candidate, notify the committee that the candidate chooses to have the committee proceed with the complaint under this section. If the candidate does not act within that time or if the candidate notifies the committee that the candidate is not waiving the suspension of committee jurisdiction, the committee shall return the complaint to the complainant with notice of the suspension of jurisdiction under this subsection and of the right of the complainant to file the complaint after the end of the campaign period.
16. When the committee has a complaint concerning the conduct of a candidate for state office pending before it at the beginning of a campaign period that has not resulted in the issuance of formal charges under (h) of this section, the committee may proceed with its consideration of the complaint only to the extent that the committee’s actions are confidential under this section. The committee may not, during a campaign period, issue a dismissal order or decision under (f) of this section, issue an opinion under (g) of this section, or formally charge a person under (h) of this section. If the committee has formally charged a person under (h) of this section and the charge is still pending when a campaign period begins, the committee shall suspend any public hearings on the matter until after the campaign period ends. The parties to the hearing may continue with discovery during the campaign period. If a hearing has been completed before the beginning of a campaign period but the committee has not yet issued its decision, the committee may not issue the decision until after the end of the campaign period. Notwithstanding the suspension of public proceedings provided for in this subsection, a candidate who is the subject of a complaint may notify the committee in writing that the candidate chooses to have the committee proceed with the complaint under this section.
17. A campaign period under this section begins on the later of 45 days before a primary election in which the legislator or legislative employee is a candidate for state office or the day on which the individual files as a candidate for state office and ends at the close of election day for the general or special election in which the individual is a candidate or on the day that the candidate withdraws from the election, if earlier. For a candidate who loses in the primary election, the campaign period ends on the day that results of the primary election showing that another individual won the election are certified.
18. At any point in the proceedings when the subject of a complaint appears before the committee, the subject of a complaint may choose to be accompanied by legal counsel or another person who may also present arguments before the committee. The choice of counsel or another person is not subject to review and approval or disapproval by the committee. The choice by the subject of a complaint to be accompanied under this subsection does not constitute a waiver of any confidentiality provision in this chapter.

History. (§ 1 ch 36 SLA 1984; am § 13 ch 113 SLA 1986; am § 7 ch 167 SLA 1988; am § 29 ch 127 SLA 1992; am §§ 44 — 52 ch 74 SLA 1998; am §§ 2 — 4 ch 135 SLA 2004; am § 41 ch 47 SLA 2007; am § 8 ch 95 SLA 2008)

Cross references. —

For initiation of a false complaint as a crime, see AS 11.56.805 .

Editor’s notes. —

Section 13(e), ch. 95, SLA 2008, provides that the 2008 amendment of (a) of this section “applies to complaints alleging that violations of [this chapter] occurred

“(1) within two years before January 1, 2009; or

“(2) on or after January 1, 2009.”

Sec. 24.60.174. Recommendations to the legislature where violator is a legislator.

1. If the person found to have violated this chapter is or was a member of the legislature, the committee’s recommendations shall be forwarded by the chair of the committee to the presiding officer of the appropriate house of the legislature. If the committee recommends sanctions other than expulsion from the legislature, the committee recommendation
   1. must include a suggested timetable for the compliance reports required under (e) of this section, if any; and
   2. may include recommended fines that the legislature may impose if the legislator who was found to have violated this chapter does not comply with the sanctions imposed by the legislature in a timely manner.
2. If the legislature is in session, the appropriate house shall determine the sanctions, if any, that are to be imposed. The vote shall be taken within 10 legislative days of receipt of the committee’s recommendations.
3. If the legislature is not in session, the presiding officer of the appropriate house may request the legislature to consider convening itself into special session under AS 24.05.100(a)(2) to consider the committee’s recommendations. If expulsion is recommended, the presiding officer shall so request. If the legislature does not convene itself into special session, the appropriate house shall consider the recommendations during the first 10 days of the next regular session.
4. Except in the case of expulsion, which requires a two-thirds vote, all other sanctions shall be determined by a majority vote of the full house of which the legislator is a member.
5. When a house of the legislature imposes a sanction other than expulsion on a member or former member, it shall advise the committee at the time of imposing the sanction of the terms it has imposed and of the timetable for compliance adopted with the sanctions. A legislator or former legislator on whom sanctions other than expulsion have been imposed shall report to the committee as required by the timetable. If the committee determines that the legislator or former legislator has not complied fully and in a timely manner with the sanctions imposed by the legislature, the committee may recommend that the legislature impose a fine or additional sanctions.

History. (§ 30 ch 127 SLA 1992; am §§ 53, 54 ch 74 SLA 1998)

Sec. 24.60.176. Recommendations where violator is a legislative employee.

1. If the person found to have violated this chapter is or was a legislative employee, the committee’s recommendations shall be forwarded to the appropriate appointing authority which shall, as soon as is reasonably possible, determine the sanctions, if any, to be imposed. The appointing authority may not question the committee’s findings of fact. The appointing authority shall assume the validity of the committee’s findings and determine and impose the appropriate sanctions. The appointing authority has the power to impose a sanction recommended by the committee or to impose a different sanction. The appointing authority shall enforce the sanction and shall report to the committee at a time specified by the committee concerning the employee’s compliance with the sanction.
2. In this section, “appointing authority” means
   1. the legislative council for employees of the Legislative Affairs Agency and of the legislative council and for legislative employees not otherwise covered under this subsection;
   2. the Legislative Budget and Audit Committee for the legislative fiscal analyst and employees of the division of legislative finance, the legislative auditor and employees of the division of legislative audit, and employees of the Legislative Budget and Audit Committee;
   3. the appropriate finance committee for employees of the senate or house finance committees;
   4. the appropriate rules committee for employees of
      1. standing committees of the legislature, other than the finance committees;
      2. the senate secretary’s office and the office of the chief clerk of the house of representatives; and
      3. house records and senate records;
   5. the legislator who made the hiring decision for employees of individual legislators; however, the legislator may request the appropriate rules committee to act in the legislator’s stead;
   6. the ombudsman for employees of the office of the ombudsman, other than the ombudsman;
   7. the legislature for the ombudsman;
   8. the victims’ advocate for employees of the office of victims’ rights, other than the victims’ advocate;
   9. the legislature for the victims’ advocate.

History. (§ 30 ch 127 SLA 1992; am §§ 55, 56 ch 74 SLA 1998; am § 42 ch 47 SLA 2007)

Sec. 24.60.178. Sanctions recommended by committee.

1. When the committee finds that a person has violated this chapter, the committee may recommend appropriate sanctions, including sanctions set out in (b) of this section.
2. The sanctions that the committee may recommend include
   1. imposition of a civil penalty of not more than $5,000 for each offense or twice the amount improperly gained, whichever is greater;
   2. divestiture of specified assets or withdrawal from specified associations;
   3. additional, detailed disclosure, either as a public disclosure or as a confidential disclosure to the committee;
   4. in the case of a legislative employee, suspension of employment with or without pay for a stated period of time or until stated conditions are met, or termination from legislative employment;
   5. restitution of property or reimbursement of improperly received benefits;
   6. public or private written reprimand;
   7. censure, including, in the case of a legislator, removal from a leadership position or committee membership and a determination that the legislator will not be appointed to serve in a leadership position or on a committee during the remainder of that legislature;
   8. placing the person on probationary status;
   9. in the case of a legislator, expulsion from the house of the legislature;
   10. any other appropriate measure.
3. In addition to or in place of a sanction recommended under (b) of this section, the committee may recommend that the subject of a complaint be required to pay all or a portion of the costs related to the investigation and adjudication of a complaint.

History. (§ 57 ch 74 SLA 1998)

Cross references. —

For forfeiture of pensions of certain public officers convicted of crimes involving corruption, see AS 37.10.310 . For bribery and related offenses, see AS 11.56.100 — 11.56.130 .

Sec. 24.60.180. [Renumbered as AS 24.60.980.]

Sec. 24.60.190. Definitions. [Repealed, § 42 ch 127 SLA 1992.]

Sec. 24.60.200. Financial disclosure by legislators, public members of the committee, and legislative directors.

A legislator, a public member of the committee, and a legislative director shall file a disclosure statement, under oath and on penalty of perjury, with the Alaska Public Offices Commission giving the following information about the income received or deferred income, earned or otherwise, to be received by the discloser, the discloser’s spouse or domestic partner, the discloser’s dependent children, and the discloser’s nondependent children who are living with the discloser:

1. the information that a public official is required to report under AS 39.50.030 , other than information about
   1. income received as compensation for personal services;
   2. a loan or loan guarantee;
   3. gifts;
2. as to income or deferred income in excess of $1,000 earned or received as compensation for personal services, and as to dividend income or deferred compensation in excess of $1,000 received from a limited liability company as compensation or deferred compensation for personal services, a statement describing
   1. the names and addresses of the source and the recipient;
   2. the amount;
   3. whether it was or will be earned by commission, by the job, by the hour, or by some other method;
   4. the dates and approximate number of hours worked or to be worked to earn it; and
   5. unless required by law to be kept confidential, a description sufficient to make clear to a person of ordinary understanding the nature of each service performed or to be performed and the date the service was performed or will be performed;
3. as to each loan or loan guarantee over $1,000 from a source with a substantial interest in legislative, administrative, or political action, the name and address of the person making the loan or guarantee, the amount of the loan, the terms and conditions under which the loan or guarantee was given, the amount outstanding at the time of filing, and whether or not a written loan agreement exists.

History. (§ 31 ch 127 SLA 1992; am § 58 ch 74 SLA 1998; am §§ 30, 31 ch 108 SLA 2003; am § 3 ch 155 SLA 2004; am § 5, 2006 Primary Election Ballot Measure 1; am § 43 ch 47 SLA 2007)

Administrative Code. —

For legislative financial disclosure, see 2 AAC 50, art. 5.

Sec. 24.60.210. Deadlines for filing of disclosure statements.

1. A person required to file a disclosure statement under AS 24.60.200 shall file an annual report with the Alaska Public Offices Commission, covering the previous calendar year, containing the disclosures required by AS 24.60.200 , on or before March 15 of each year, except that a person appointed as a legislator under AS 15.40, a public member of the committee, or a legislative director must file within 30 days after the person’s appointment. In addition, a person subject to this subsection shall, within 90 days after leaving service as a legislator, legislative director, or public member of the committee, file a final report containing the disclosures required of the person by AS 24.60.200 for the period that begins on the last day of the last period for which the person filed a report required by that section and ends on the date of the person’s last day of service.
2. Notwithstanding (a) of this section, a public member and a public member nominee of the committee shall file an annual report with the Alaska Public Offices Commission, covering the previous calendar year, containing the disclosures required by AS 24.60.200 , on or before the second Monday in January of each year.
3. The Alaska Public Offices Commission shall require that the reports required under this section be submitted electronically but may, when circumstances warrant an exception, accept any information required under this section that is typed in clear and legible black typeface or hand-printed in dark ink on paper in a format approved by the commission or on forms provided by the commission and that is filed with the commission.

History. (§ 31 ch 127 SLA 1992; am § 59 ch 74 SLA 1998; am § 1 ch 127 SLA 2002; am §§ 44, 45 ch 47 SLA 2007)

Administrative Code. —

For legislative financial disclosure, see 2 AAC 50, art. 5.

Sec. 24.60.220. Administration of AS 24.60.200 — 24.60.260.

The Alaska Public Offices Commission shall

1. adopt regulations to implement and interpret the provisions of AS 24.60.200 — 24.60.260 ;
2. prepare standardized forms on which the statements required by AS 24.60.200 shall be filed; and
3. examine, investigate, and compare all reports and statements required under AS 24.60.200 , and report all possible violations of this chapter it discovers to the committee.

History. (§ 31 ch 127 SLA 1992)

Administrative Code. —

For legislative financial disclosure, see 2 AAC 50, art. 5.

Sec. 24.60.230. Statements as public records.

A statement filed with the Alaska Public Offices Commission under AS 24.60.200 is a public record. A person is not required to comply with AS 24.60.200 to the extent that a court of competent jurisdiction of the state determines that legally privileged professional relationships or constitutional privacy considerations would be violated by compliance.

History. (§ 31 ch 127 SLA 1992)

Administrative Code. —

For legislative financial disclosure, see 2 AAC 50, art. 5.

Sec. 24.60.240. Civil penalty for late filing.

A person required to file a disclosure statement under AS 24.60.200 who fails to file a properly completed report under AS 24.60.200 is subject to a civil penalty of not more than $10 a day for each day the delinquency continues as the Alaska Public Offices Commission determines, subject to appeal to the superior court. An affidavit stating facts in mitigation may be submitted to the Alaska Public Offices Commission by the person against whom the civil penalty is assessed. However, the imposition of the penalties prescribed in this section does not excuse the person from filing reports required by AS 24.60.200.

History. (§ 31 ch 127 SLA 1992; am § 60 ch 74 SLA 1998)

Administrative Code. —

For legislative financial disclosure, see 2 AAC 50, art. 5.

Sec. 24.60.250. Effect of failure to file.

1. In addition to the sanctions described in AS 24.60.260 , if the Alaska Public Offices Commission finds that a candidate for the legislature who is an incumbent legislator has failed to file a report under AS 24.60.200 by March 15, the commission shall notify the candidate that the report is late. If the candidate fails to file the report within 30 days after it is due,
   1. the commission shall notify the lieutenant governor;
   2. the candidate shall forfeit nomination to office and may not be seated in office;
   3. the lieutenant governor may not certify the person’s nomination for office or election to office; and
   4. nomination to the office shall be certified as provided in AS 39.50.060(b) .
2. In addition to the sanctions described in AS 24.60.260 , if the Alaska Public Offices Commission finds that a member of the committee has failed or refused to file a report under AS 24.60.200 by a deadline established in AS 24.60.210 , it shall notify the presiding officer of the appropriate legislative body. In the case of a public member of the committee, the commission shall notify both presiding officers.
3. In addition to the sanctions described in AS 24.60.260 , if the Alaska Public Offices Commission finds that a legislative director has failed or refused to file a report under AS 24.60.200 by a deadline established in AS 24.60.210 , it shall notify the Alaska Legislative Council or the Legislative Budget and Audit Committee, as appropriate. For the ombudsman and the office of victims’ rights, the Alaska Legislative Council shall be notified.

History. (§ 31 ch 127 SLA 1992; am § 14 ch 63 SLA 1998; am § 61 ch 74 SLA 1998; am § 46 ch 47 SLA 2007)

Administrative Code. —

For legislative financial disclosure, see 2 AAC 50, art. 5.

Sec. 24.60.255. Administrative complaints.

1. A person may file a written complaint alleging a violation of AS 24.60.200 — 24.60.260 has occurred or is occurring.
2. Complaints filed under (a) of this section must be filed within five years after the date of the alleged violation.
3. If a member of the Alaska Public Offices Commission files a complaint, that member of the commission may not participate in any proceeding of the commission relating to the complaint.

History. (§ 9 ch 95 SLA 2008)

Cross references. —

For initiation of a false complaint as a crime, see AS 11.56.805 .

Editor’s notes. —

Section 13(f), ch. 95, SLA 2008, provides that this section “applies to complaints alleging violations of AS 24.60.200 — 24.60.260 that occur on or after January 1, 2009.”

Sec. 24.60.260. Prohibited conduct relating to disclosures; penalties.

1. A person required to make a disclosure under this chapter may not knowingly make a false or deliberately misleading or incomplete disclosure to the committee or to the Alaska Public Offices Commission. A person who files a disclosure after a deadline set by this chapter or by a regulation adopted by the Alaska Public Offices Commission has violated this chapter and may be subject to imposition of a fine as provided in (c) of this section or AS 24.60.240 .
2. A person who violates this section is subject to a proceeding under AS 24.60.170 , in addition to penalties that may be imposed by the Alaska Public Offices Commission under AS 24.60.240 and to the penalty set out in AS 24.60.250 .
3. The committee may impose a fine on a person who files a disclosure after a deadline set by this chapter. The amount of the fine imposed under this subsection may not exceed $2 for each day to a maximum of $100 for each late filing unless the committee determines that the late filing was inadvertent or wilful. If the committee finds that a late filing was inadvertent, the maximum fine the committee may impose under this subsection is $25. If the committee determines that the late filing was wilful, the amount of the fine imposed under this subsection may be $100 for each day but may not exceed a maximum of $2,500.

History. (§ 31 ch 127 SLA 1992; am §§ 62, 63 ch 74 SLA 1998; am § 6 ch 94 SLA 2008; am § 16 ch 45 SLA 2012)

Administrative Code. —

For legislative financial disclosure, see 2 AAC 50, art. 5.

Sec. 24.60.970. Actions by the attorney general.

The attorney general may independently bring civil actions relating to violations under this chapter regardless of the outcome or settlement of a charge before the committee. This section does not prohibit the attorney general from bringing an action under another civil or criminal law.

History. (§ 30 ch 127 SLA 1992)

Revisor’s notes. —

Enacted as AS 24.60.178 . Renumbered in 1992.

Sec. 24.60.980. Cooperation by state agencies.

Each agency of the executive branch of state government shall, to the extent permitted by state or federal law, cooperate fully with the committee or a subcommittee by providing information and assistance, including disclosure of financial material and other records relating to a potential violation of this chapter.

History. (§ 1 ch 36 SLA 1984)

Revisor’s notes. —

Formerly AS 24.60.180 . Renumbered in 1992.

Sec. 24.60.990. Definitions.

1. In this chapter,
   1. “administrative action” means conduct related to the development, drafting, consideration, enactment, defeat, application, or interpretation of a rule, regulation, policy, or other action in a regulatory proceeding or a proceeding involving a license, permit, franchise, or entitlement for use;
   2. “anything of value,” “benefit,” or “thing of value” includes all matters, whether tangible or intangible, that could reasonably be considered to be a material advantage, of material worth, use, or service to the person to whom it is conferred; the terms are intended to be interpreted broadly and encompass all matters that the recipient might find sufficiently desirable to do something in exchange for; “anything of value,” “benefit,” or “thing of value” does not include
      1. an item listed in AS 24.60.080(a)(2)(B) or (c);
      2. campaign contributions, pledges, political endorsements, support in a political campaign, or a promise of endorsement or support;
      3. contributions to a cause or organization, including a charity, made in response to a direct solicitation from a legislator or a person acting at the legislator’s direction; or
      4. grants under AS 37.05.316 to named recipients;
   3. “committee” means the Select Committee on Legislative Ethics and includes, when appropriate, the senate or house subcommittee;
   4. “compensation” means remuneration for personal services rendered, including salary, fees, commissions, bonuses, and similar payments, but does not include reimbursement for actual expenses incurred by a person;
   5. “domestic partner” means a person who is cohabiting with another person in a relationship that is like a marriage but that is not a legal marriage;
   6. “immediate family” means
      1. the spouse or domestic partner of the person; or
      2. a parent, child, including a stepchild and an adopted child, and sibling of a person if the parent, child, or sibling resides with the person, is financially dependent on the person, or shares a substantial financial interest with the person;
   7. “income” means an asset that a person has received or expects to receive, regardless of whether it is earned or unearned; inheritances and other gifts are not income;
   8. “knowingly” has the meaning given in AS 11.81.900 ;
   9. “legislative action” means conduct relating to the development, drafting, consideration, sponsorship, enactment or defeat, support or opposition to or of a law, amendment, resolution, report, nomination, or other matter affected by legislative action or inaction;
   10. “legislative director” means the director of the legislative finance division, the legislative auditor, the director of the legislative research agency, the ombudsman, the victims’ advocate, the executive director of the Legislative Affairs Agency, and the directors of the divisions within the Legislative Affairs Agency;
   11. “legislative employee” means a person, other than a legislator, who is compensated by the legislative branch in return for providing regular or substantial personal services, regardless of the person’s pay level or technical status as full time or part time; “legislative employee” does not include legislative interns, legislative volunteers, legislative consultants, legislative independent contractors, individuals who perform functions that are incidental to legislative functions, and other employees designated by the committee;
   12. “lobbyist” means a person who is required to register under AS 24.45.041 and is described under AS 24.45.171 , but does not include a volunteer lobbyist described in AS 24.45.161(a)(1) or a representational lobbyist as defined under regulations of the Alaska Public Offices Commission;
   13. “political action” means conduct in which public officials, including legislators or legislative employees, use their official position or political contacts to exercise influence on state and local government employees or entities; it includes but is not limited to endorsing and pledging support or actively supporting a legislative matter, a nominee, or a candidate for public office;
   14. “registered lobbyist” means a person who is required to register under AS 24.45.041 ;
   15. “representation” means action taken on behalf of another, whether for compensation or not, including but not limited to telephone calls and meetings and appearances at proceedings or meetings;
   16. “state office” includes the office of governor, lieutenant governor, member of the legislature, or similar state office.
2. A person has a substantial interest in legislative, administrative, or political action if the person (1) is not a natural person and will be directly and substantially affected financially by a legislative, administrative, or political action; (2) is a natural person and will be directly and substantially affected financially by a legislative, administrative, or political action in a way that is greater than the effect on a substantial class of persons to which the person belongs as a member of a profession, occupation, industry, or region; (3) has or seeks contracts in excess of $10,000 annually for goods or services with the legislature or with an agency of the state; or (4) is a lobbyist. For the purpose of this subsection, the state, the federal government, and an agency, corporation, or other entity of or owned by the state or federal government do not have a substantial interest in legislative, administrative, or political action.

History. (§ 31 ch 127 SLA 1992; am §§ 64, 65 ch 74 SLA 1998; am § 17 ch 92 SLA 2001; am §§ 32, 33, 41 ch 108 SLA 2003; am § 7 ch 115 SLA 2003; am §§ 47, 48 ch 47 SLA 2007; am § 17 ch 45 SLA 2012; am § 13 ch 9 SLA 2014; am § 3 ch 29 SLA 2016; am § 11 ch 61 SLA 2018; am § 6 ch 5 SLA 2019)

Revisor's notes. —

In 2003 and 2019, the paragraphs in (a) were renumbered to maintain alphabetical order.

Administrative Code. —

For legislative financial disclosure, see 2 AAC 50, art. 5.

Effect of amendments. —

The 2014 amendment, effective April 23, 2014, in (a)(6) [now (a)(7)], substituted “an adopted child” for “an adoptive child”.

The 2016 amendment, effective September 20, 2016, in (a)(11) [now (a)(12)], inserted “providing” preceding “regular”; substituted “full time or part time; 'legislative employee'” for “a full-time or part-time employee, independent contractor, or consultant; it includes public members and staff of the committee;” following “technical status as”, inserted “legislative interns, legislative volunteers, legislative consultants, legislative independent contractors,” preceding “individuals who perform”.

The 2018 amendment, effective July 20, 2018, added (a)(17) [now (a)(16)]. Although the 2018 amendment was to have taken effect July 1, 2018, under sec. 17, ch. 61, SLA 2018, the governor did not sign the bill until July 19, 2018, and so the actual effective date of the amendment was July 20, 2018, under AS 01.10.070(d) .

The 2019 amendment, effective May 25, 2019, repealed (a)(6), which defined “financial interest”.

Editor's notes. —

For provision relating to the severability of the 2018 amendment to this section, see sec. 15, ch. 61, SLA 2018 in the 2018 Temporary and Special Acts.

Sec. 24.60.995. Short title.

This chapter may be cited as the Legislative Ethics Act.

History. (§ 18 ch 12 SLA 2006)

Sec. 24.65.010. Office of victims’ rights.

There is created in the legislative branch of the state the office of victims’ rights. The victims’ advocate is the director of the office of victims’ rights.

History. (§ 19 ch 92 SLA 2001)

Administrative Code. —

For office management, see 23 AAC 5.

Sec. 24.65.020. Appointment of the victims’ advocate.

1. A candidate for appointment as the victims’ advocate shall be nominated by the victims’ advocate selection committee composed of three members of the senate appointed by the president of the senate and three members of the house of representatives appointed by the speaker of the house. One member of a minority party caucus in each house shall be appointed to the selection committee.
2. The victims’ advocate selection committee shall examine persons to serve as victims’ advocate regarding their qualifications and ability and shall place the name of the person selected in nomination. The appointment is effective if the nomination is approved by a roll call vote of two-thirds of the members of the legislature in joint session. The vote on the appointment shall be entered in the journals of both houses.

History. (§ 19 ch 92 SLA 2001)

Sec. 24.65.030. Qualifications.

A person may not serve as victims’ advocate

1. unless the person has been a resident of the state for the three years immediately preceding the person’s appointment;
2. unless the person has been engaged in the active practice of law for the three years immediately preceding the person’s appointment;
3. unless the person has significant experience in criminal law;
4. unless the person is an attorney licensed to practice law in this state;
5. within one year of the last day on which the person served as a member of the legislature;
6. while the person is a candidate for or holds another national, state, or municipal office; the victims’ advocate may not become a candidate for national, state, or municipal office until one year has elapsed from the date the victims’ advocate vacates the office of victims’ advocate;
7. while the person is engaged in another occupation for which the person receives compensation;
8. unless the person is at least 21 years of age and is a qualified voter.

History. (§ 19 ch 92 SLA 2001)

Sec. 24.65.040. Term of office.

1. The term of office of the victims’ advocate is five years. A victims’ advocate may be reappointed but may not serve for more than three terms. To be eligible for reappointment at the conclusion of each five-year term of service, a victims’ advocate seeking reappointment must submit to the victims’ advocate selection committee an application for reappointment.
2. If the term of a victims’ advocate expires without the appointment of a successor under this chapter or the victims’ advocate dies, resigns, becomes ineligible to serve, or is removed or suspended from office, the person appointed as acting victims’ advocate under AS 24.65.070(a) serves until a new victims’ advocate is appointed for a full term.

History. (§ 19 ch 92 SLA 2001; am § 4 ch 72 SLA 2012)

Sec. 24.65.050. Removal.

The legislature, by a concurrent resolution adopted by a roll call vote of two-thirds of the members of each house entered in the journal, may remove or suspend the victims’ advocate from office, but only for neglect of duty, misconduct, or disability.

History. (§ 19 ch 92 SLA 2001)

Sec. 24.65.060. Compensation.

The victims’ advocate is entitled to receive an annual salary of Range 26 on the salary schedule set out in AS 39.27.011(a) for Juneau.

History. (§ 19 ch 92 SLA 2001; am § 5 ch 72 SLA 2012)

Sec. 24.65.070. Staff and delegation.

1. The victims’ advocate shall appoint a person to serve as acting victims’ advocate in the absence of the victims’ advocate. The victims’ advocate shall also appoint assistants and clerical personnel necessary to carry out the provisions of this chapter. Subject to AS 36.30.020 , the victims’ advocate may enter into personal services and other contracts the victims’ advocate finds necessary to carry out the provisions of this chapter. The victims’ advocate shall, to the maximum extent practicable, conduct the duties and work of the office by entering into personal services and other contracts the victims’ advocate finds necessary to carry out the provisions of this chapter.
2. The victims’ advocate may delegate to the assistants any of the victims’ advocate’s duties except those specified in AS 24.65.150 and 24.65.160 ; however, during the victims’ advocate’s absence from the principal business offices, the victims’ advocate may delegate the duties specified in AS 24.65.150 and 24.65.160 to the acting victims’ advocate for the duration of the absence. The duties specified in AS 24.65.150 and 24.65.160 shall be performed by the acting victims’ advocate when serving under AS 24.65.040(b) .
3. The victims’ advocate and the staff appointed by the victims’ advocate are in the exempt service under AS 39.25.110 and are not subject to the employment policies under AS 24.10 or AS 24.20.

History. (§ 19 ch 92 SLA 2001)

Sec. 24.65.080. Office facilities and administration.

1. Subject to restrictions and limitations imposed by the executive director of the Legislative Affairs Agency, the administrative facilities and services of the Legislative Affairs Agency, including computer, data processing, and teleconference facilities, may be made available to the victims’ advocate to be used in the management of the office of victims’ rights and to carry out the purposes of this chapter.
2. The salary and benefits of the victims’ advocate and the permanent staff of the victims’ advocate shall be paid through the same procedures used for payment of the salaries and benefits of other permanent legislative employees.
3. The victims’ advocate shall submit a budget for each fiscal year to the Alaska Legislative Council, and the council shall annually submit an estimated budget to the governor for information purposes in the preparation of the executive budget. After reviewing and approving, with or without modifications, the budget submitted by the victims’ advocate, the council shall submit the approved budget to the finance committees of the legislature.

History. (§ 19 ch 92 SLA 2001)

Sec. 24.65.090. Procedure.

1. The victims’ advocate shall, by regulations adopted under AS 44.62 (Administrative Procedure Act), establish procedures for advocacy on behalf of crime victims, receiving and processing complaints, conducting investigations, reporting findings, and ensuring that confidential information obtained by the victims’ advocate in the course of advocacy on behalf of a crime victim or in the course of an investigation will not be improperly disclosed. The victims’ advocate may establish procedures so that advocacy and investigations on behalf of crime victims in felony cases take a priority over advocacy and investigations on behalf of crime victims in misdemeanor cases.
2. The office of victims’ rights may not charge fees for the submission or investigation of complaints.

History. (§ 19 ch 92 SLA 2001)

Administrative Code. —

For office management, see 23 AAC 5.

For receiving and processing complaints, see 23 AAC 10, art. 1.

For conducting an investigation, see 23 AAC 10, art. 2.

For concluding an investigation, see 23 AAC 10, art. 3.

For justice agency training and education, see 23 AAC 20, art. 1.

For crime victim education and outreach, see 23 AAC 20, art. 2.

For advocating on behalf of a crime victim in an ongoing criminal case or juvenile adjudication, see 23 AAC 20, art. 3.

For maintaining confidentiality, see 23 AAC 30, art. 1.

For authorized disclosure of confidential information and matters, see 23 AAC 30, art. 2.

Sec. 24.65.100. Jurisdiction; duties.

1. The victims’ advocate has jurisdiction to advocate on behalf of crime victims of felony offenses or class A misdemeanors, if the class A misdemeanor is a crime involving domestic violence or a crime against a person under AS 11.41, in the courts of the state and to investigate the complaints of crime victims of felony offenses or class A misdemeanors, if the class A misdemeanor is a crime involving domestic violence or a crime against a person under AS 11.41, that they have been denied their rights under the constitution and the laws of the state. In this subsection, “crime involving domestic violence” has the meaning given in AS 18.66.990 .
2. The victims’ advocate shall exercise reasonable care to
   1. ensure that the victims’ advocate’s exercise of jurisdiction granted under this section does not interfere with an ongoing criminal investigation or with a criminal prosecution;
   2. prevent employees of the office of victims’ rights from making extrajudicial statements that the victims’ advocate is prohibited from making under the Alaska Rules of Professional Conduct.
3. The victims’ advocate may not advise, counsel, or advocate on behalf of a victim in a way that would
   1. prevent or discourage a victim from cooperating in a criminal investigation;
   2. encourage a victim to withhold evidence in a criminal investigation; or
   3. prevent or discourage a victim from testifying in a criminal proceeding.
4. The victims’ advocate shall provide written material to be given out to victims of crime as required by AS 12.61.010 . The written material must contain a brief statement about the Violent Crimes Compensation Board and contact information for that board.

History. (§ 19 ch 92 SLA 2001; am § 2 ch 15 SLA 2004)

Administrative Code. —

For receiving and processing complaints, see 23 AAC 10, art. 1.

For conducting an investigation, see 23 AAC 10, art. 2.

For concluding an investigation, see 23 AAC 10, art. 3.

For crime victim education and outreach, see 23 AAC 20, art. 2.

For advocating on behalf of a crime victim in an ongoing criminal case or juvenile adjudication, see 23 AAC 20, art. 3.

Sec. 24.65.105. Payment of restitution.

1. Subject to appropriation, the office of victims’ rights is authorized to pay outstanding balances on orders of restitution under AS 12.55.045 or AS 47.12.120 . The office of victims’ rights shall coordinate and make payments from the restorative justice account (AS 43.23.048 ) in accordance with the priority in (b) of this section. A crime victim may receive not more than $10,000 from the restorative justice account, regardless of the amount of the order of restitution.
2. The office of victims’ rights shall make restitution payments to eligible victims in the following priority order:
   1. a natural person;
   2. private businesses;
   3. state and local governments.
3. The office of victims’ rights shall adopt regulations under AS 44.62 (Administrative Procedure Act) to establish a process for payments of restitution balances from the restorative justice account established in AS 43.23.048 .

History. (§ 4 ch 21 SLA 2018)

Effective dates. —

Section 14, ch. 21, SLA 2018 makes this section effective January 1, 2019.

Sec. 24.65.110. Advocacy on behalf of crime victims; records.

1. The victims’ advocate shall assist crime victims in obtaining the rights crime victims are guaranteed under the constitution and laws of the state with regard to the contacts crime victims have with justice agencies.
2. The victims’ advocate may make the statement a crime victim is authorized to make under art. I, sec. 24, Constitution of the State of Alaska, and AS 12.55.023 , in a court of the state when requested by the crime victim and when the crime victim does not personally make a statement.
3. When advocating on behalf of a crime victim in an ongoing criminal case or juvenile adjudication, the victims’ advocate is entitled to all information available to the defendant or juvenile.
4. Records obtained by the victims’ advocate shall remain in the exclusive custody of the victims’ advocate. The victims’ advocate may not disclose confidential information to any person.

History. (§ 19 ch 92 SLA 2001; am § 1 ch 6 SLA 2003)

Cross references. —

For the effect of this section on Rule 16, Alaska Rules of Criminal Procedure, and Rule 9, Alaska Delinquency Rules, see § 43, ch. 92, SLA 2001, in the 2001 Temporary and Special Acts.

Administrative Code. —

For receiving and processing complaints, see 23 AAC 10, art. 1.

For concluding an investigation, see 23 AAC 10, art. 3.

For crime victim education and outreach, see 23 AAC 20, art. 2.

For advocating on behalf of a crime victim in an ongoing criminal case or juvenile adjudication, see 23 AAC 20, art. 3.

Sec. 24.65.115. Authority to request return of property on behalf of certain persons.

1. Notwithstanding another provision of this chapter, the victims’ advocate may
   1. file a request under AS 12.36.070 with a law enforcement agency for the return of property to a crime victim after having conducted an investigation and determining that the crime victim is entitled to the return of the property under the factors listed in AS 12.36.070 (c);
   2. request a hearing under AS 12.36.070(f) .
2. In fulfilling the requirements of this section, the victims’ advocate may use any of the powers granted to the advocate under this chapter.

History. (§ 2 ch 3 SLA 2012; am § 2 ch 91 SLA 2014)

Effect of amendments. —

The 2014 amendment, effective October 14, 2014, added (a)(2), and made related changes.

Sec. 24.65.120. Investigations.

1. The victims’ advocate may investigate complaints from crime victims that they have been denied the rights they are guaranteed under the constitution and laws of this state.
2. In an investigation, the victims’ advocate may
   1. make inquiries and obtain information considered necessary;
   2. hold private hearings; and
   3. notwithstanding other provisions of law, have access at all times to records of justice agencies, including court records of criminal prosecutions and juvenile adjudications, necessary to ensure that the rights of crime victims are not being denied; with regard to court and prosecution records, the victims’ advocate is entitled to obtain access to every record that the defendant is entitled to access or receive.
3. The victims’ advocate shall maintain confidentiality with respect to all matters and the identities of the complainants or witnesses coming before the victims’ advocate except insofar as disclosures may be necessary to enable the victims’ advocate to carry out duties and to support recommendations. However, the victims’ advocate may not disclose a confidential record obtained from a court or justice agency.

History. (§ 19 ch 92 SLA 2001)

Cross references. —

For the effect of this section on Rule 16, Alaska Rules of Criminal Procedure, and Rule 9, Alaska Delinquency Rules, see § 43, ch. 92, SLA 2001, in the 2001 Temporary and Special Acts.

Administrative Code. —

For receiving and processing complaints, see 23 AAC 10, art. 1.

For conducting an investigation, see 23 AAC 10, art. 2.

For concluding an investigation, see 23 AAC 10, art. 3.

For crime victim education and outreach, see 23 AAC 20, art. 2.

For advocating on behalf of a crime victim in an ongoing criminal case or juvenile adjudication, see 23 AAC 20, art. 3.

For maintaining confidentiality, see 23 AAC 30, art. 1.

For authorized disclosure of confidential information and matters, see 23 AAC 30, art. 2.

Sec. 24.65.130. Powers.

1. Subject to the privileges recognized by court rule and statute of this state, the victims’ advocate may compel by subpoena, at a specified time and place, the
   1. appearance and sworn testimony of a person who the victims’ advocate reasonably believes may be able to give information relating to a matter under investigation under AS 24.65.120 ; and
   2. production by a person of a record or object that the victims’ advocate reasonably believes may relate to the matter under investigation under AS 24.65.120 .
2. If a person refuses to comply with a subpoena issued under (a) of this section, the superior court may, on application of the victims’ advocate, compel obedience by proceedings for contempt in the same manner as in the case of disobedience to the requirements of a subpoena issued by the court or refusal to testify in the court.
3. This section does not authorize the victims’ advocate to issue a subpoena to
   1. a justice, judge, magistrate, or a law clerk acting under the direction of a justice, judge, or magistrate, concerning a judicial action or nonaction taken by, or under the direction of, the justice, judge, or magistrate;
   2. a person acting under the direction of a justice, judge, or magistrate, other than a law clerk, concerning a judicial action or nonaction taken by, or under the direction of, a justice, judge, or magistrate except to establish the occurrence or nonoccurrence of the action or nonaction or the person’s own actions or nonactions; this paragraph does not authorize the victims’ advocate to inquire into the decision-making or thought process of the justice, judge, or magistrate;
   3. a member of a jury concerning a matter that was considered by the jury;
   4. the person accused or convicted of committing the crime that is the basis for the complaint, and investigation under AS 24.65.120 , concerning a denial of rights or an attorney retained by the person or appointed by a court to represent the person;
   5. a victim counselor concerning a matter made confidential by AS 18.66.200 — 18.66.250 ; or
   6. a justice agency concerning records that lead to the disclosure of a confidential police informant.

History. (§ 19 ch 92 SLA 2001)

Administrative Code. —

For conducting an investigation, see 23 AAC 10, art. 2.

For concluding an investigation, see 23 AAC 10, art. 3.

Sec. 24.65.140. Consultation.

Before giving an opinion or recommendation that is critical of a justice agency or person as a result of an investigation under AS 24.65.120 , the victims’ advocate shall consult with that agency or person. The victims’ advocate may make a preliminary opinion or recommendation available to the agency or person for review, but the preliminary opinion or recommendation is confidential and may not be disclosed to the public by the agency or person.

History. (§ 19 ch 92 SLA 2001)

Administrative Code. —

For conducting an investigation, see 23 AAC 10, art. 2.

For concluding an investigation, see 23 AAC 10, art. 3.

For authorized disclosure of confidential information and matters, see 23 AAC 30, art. 2.

Sec. 24.65.150. Procedure after investigation.

1. The victims’ advocate shall report the advocate’s opinion and recommendations to a justice agency if the victims’ advocate finds, after investigation under AS 24.65.120 , that the agency has denied a crime victim rights the crime victim is guaranteed under the constitution and laws of this state.
2. The victims’ advocate may request the justice agency to notify the victims’ advocate, within a specified time, of any action taken on the recommendations.
3. The report provided under (a) of this section is confidential and may not be disclosed to the public by the justice agency. The victims’ advocate may disclose the report under AS 24.65.160 only after providing notice that the investigation has been concluded to the agency and after receiving the written approval of the complainant to release the report.

History. (§ 19 ch 92 SLA 2001)

Administrative Code. —

For conducting an investigation, see 23 AAC 10, art. 2.

For concluding an investigation, see 23 AAC 10, art. 3.

For authorized disclosure of confidential information and matters, see 23 AAC 30, art. 2.

Sec. 24.65.160. Publication of recommendations.

Except as provided in AS 24.65.150(c) , within a reasonable amount of time after the victims’ advocate reports the advocate’s opinion and recommendations to a justice agency, the victims’ advocate may present the opinion and recommendations to the governor, the legislature, a grand jury, the public, or any of these. The victims’ advocate shall include with the opinion any reply made by the agency.

History. (§ 19 ch 92 SLA 2001)

Administrative Code. —

For concluding an investigation, see 23 AAC 10, art. 3.

For authorized disclosure of confidential information and matters, see 23 AAC 30, art. 2.

Sec. 24.65.170. Annual report.

The victims’ advocate shall make available to the public an annual report of the victims’ advocate’s activities under this chapter and notify the legislature that the report is available. The victim’s advocate may include in the report a summary of the advocate’s participation as an ex officio member of domestic violence fatality review teams established under AS 18.66.400 .

History. (§ 19 ch 92 SLA 2001; am § 2 ch 19 SLA 2004)

Sec. 24.65.180. Judicial review.

A proceeding or decision of the victims’ advocate may be reviewed in superior court only to determine if it is contrary to the provisions of this chapter.

History. (§ 19 ch 92 SLA 2001)

Sec. 24.65.190. Immunity of the victims’ advocate.

A civil action may not be brought against the victims’ advocate or a member of the victims’ advocate’s staff for anything done, said, or omitted in performing the victims’ advocate’s duties or responsibilities under this chapter.

History. (§ 19 ch 92 SLA 2001)

Sec. 24.65.200. Victims’ advocate’s privilege not to testify or produce documents or other evidence.

Except as may be necessary to enforce the provisions of this chapter, the determinations, conclusions, thought processes, discussions, records, reports, and recommendations of or information collected by the victims’ advocate or staff of the victims’ advocate are not admissible in a civil or criminal proceeding, and are not subject to questioning or disclosure by subpoena or discovery.

History. (§ 19 ch 92 SLA 2001)

Cross references. —

For the effect of this section on Rules 402 and 501, Alaska Rules of Evidence, see § 44, ch. 92, SLA 2001, in the 2001 Temporary and Special Acts.

Sec. 24.65.210. Penalty.

A person who knowingly hinders the lawful actions of the victims’ advocate or the staff of the victims’ advocate, or who knowingly refuses to comply with their lawful demands, is guilty of a misdemeanor and upon conviction may be punished by a fine of not more than $1,000. In this section, “knowingly” has the meaning given in AS 11.81.900 .

History. (§ 19 ch 92 SLA 2001)

Sec. 24.65.250. Definitions.

In this chapter,

1. “justice agency” means a department, office, institution, corporation, authority, organization, commission, committee, council, court, or board of a municipality or in the executive or judicial branches of the state government that is, in any manner, involved with or responsible for the apprehension, prosecution, incarceration, or supervision of criminal or juvenile offenders; it also includes an officer, employee, or member of an agency acting or purporting to act in the exercise of official duties;
2. “victim” has the meaning given in AS 12.55.185 .

History. (§ 19 ch 92 SLA 2001; am § 2 ch 6 SLA 2003)

Administrative Code. —

For receiving and processing complaints, see 23 AAC 10, art. 1.