HCS CSSB 89(RLS): "An Act amending the Regulation of Lobbying Act and the definition of 'lobbyist' as it applies in the act setting standards of conduct for legislators and legislative employees; and amending the Regulation of Lobbying Act and the legislative standards of conduct to allow a lobbyist to give and a person covered by legislative standards of conduct to accept tickets to a charity event during a legislative session."
00 HOUSE CS FOR CS FOR SENATE BILL NO. 89(RLS) 01 "An Act amending the Regulation of Lobbying Act and the definition of 'lobbyist' as it 02 applies in the act setting standards of conduct for legislators and legislative employees; 03 and amending the Regulation of Lobbying Act and the legislative standards of conduct 04 to allow a lobbyist to give and a person covered by legislative standards of conduct to 05 accept tickets to a charity event during a legislative session." 06 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 07 * Section 1. AS 24.45.121(a) is amended to read: 08 (a) A lobbyist may not 09 (1) engage in any activity as a lobbyist before registering under 10 AS 24.45.041; 11 (2) do anything with the intent of placing a public official under 12 personal obligation to the lobbyist or to the lobbyist's employer; 13 (3) intentionally deceive or attempt to deceive any public official with
01 regard to any material fact pertinent to pending or proposed legislative or 02 administrative action; 03 (4) cause or influence the introduction of a legislative measure solely 04 for the purpose of thereafter being employed to secure its passage or its defeat; 05 (5) cause a communication to be sent to a public official in the name of 06 any fictitious person or in the name of any real person, except with the consent of that 07 person; 08 (6) accept or agree to accept any payment in any way contingent upon 09 the defeat, enactment, or outcome of any proposed legislative or administrative action; 10 (7) serve as a member of a state board, or commission, if the lobbyist's 11 employer may receive direct economic benefit from a decision of that board or 12 commission; 13 (8) serve as a campaign manager or director, serve as a campaign 14 treasurer or deputy campaign treasurer on a finance or fund-raising committee, host a 15 fund-raising event, directly or indirectly collect contributions for, or deliver 16 contributions to, a candidate, or otherwise engage in the fund-raising activity of a 17 legislative campaign or campaign for governor or lieutenant governor if the lobbyist 18 has registered, or is required to register as a lobbyist, under this chapter, during the 19 calendar year; this paragraph does not apply to a representational lobbyist as defined 20 in the regulations of the Alaska Public Offices Commission, and does not prohibit a 21 lobbyist from making personal contributions to a candidate as authorized by AS 15.13 22 or personally advocating on behalf of a candidate; 23 (9) offer, solicit, initiate, facilitate, or provide to or on behalf of a 24 person covered by AS 24.60, during a legislative session, a gift, other than food or 25 beverage for immediate consumption, except for tickets to a charity event described 26 in AS 24.60.080(c)(10); 27 (10) make or offer a gift or a campaign contribution whose acceptance 28 by the person to whom it is offered would violate AS 24.60. 29 * Sec. 2. AS 24.45.171(1) is amended to read: 30 (1) "administrative action" means the proposal, drafting, development, 31 consideration, amendment, adoption, approval, promulgation, issuance, modification,
01 rejection, or postponement by any state agency of any rule or [,] regulation, [ORDER, 02 DECISION, DETERMINATION,] or any other quasi-legislative [OR QUASI- 03 JUDICIAL] action or proceeding whether or not governed by AS 44.62 04 (Administrative Procedure Act); "administrative action" does not include 05 (A) a proceeding or an action to determine the rights or 06 duties of a person under existing statutes, regulations, or policies; 07 (B) the issuance, amendment, or revocation of a permit, 08 license, or entitlement for use; 09 (C) the enforcement of compliance with existing law or the 10 imposition of sanctions for a violation of existing law; 11 (D) procurement activity, including the purchase or sale of 12 a property, goods, or services by the agency or the award of a grant 13 contract; 14 (E) the issuance of, or ensuring compliance with, an opinion 15 or activity related to a collective bargaining agreement including 16 negotiating or enforcing the agreement; 17 * Sec. 3. AS 24.45.171(6) is amended to read: 18 (6) "influencing legislative or administrative action" means to 19 communicate directly for the purpose of introducing, promoting, advocating, 20 supporting, modifying, opposing, or delaying or seeking to do the same with respect to 21 any legislative or administrative action [BY MEANS INCLUDING BUT NOT 22 LIMITED TO THE PROVISION OR USE OF INFORMATION, STATISTICS, 23 STUDIES, OR ANALYSES IN WRITTEN OR ORAL FORM OR FORMAT]; 24 * Sec. 4. AS 24.45.171(8) is amended to read: 25 (8) "lobbyist" means a person who 26 (A) engages [A PERSON WHO IS EMPLOYED AND 27 RECEIVES PAYMENTS, OR WHO CONTRACTS FOR ECONOMIC 28 CONSIDERATION, INCLUDING REIMBURSEMENT FOR 29 REASONABLE TRAVEL AND LIVING EXPENSES, TO COMMUNICATE 30 DIRECTLY OR THROUGH THE PERSON'S AGENTS WITH ANY 31 PUBLIC OFFICIAL FOR THE PURPOSE OF INFLUENCING
01 LEGISLATIVE OR ADMINISTRATIVE ACTION IF A SUBSTANTIAL OR 02 REGULAR PORTION OF THE ACTIVITIES FOR WHICH THE PERSON 03 RECEIVES CONSIDERATION IS FOR THE PURPOSE OF 04 INFLUENCING LEGISLATIVE OR ADMINISTRATIVE ACTION; OR 05 (B) A PERSON WHO REPRESENTS ONESELF AS 06 ENGAGING] in the [INFLUENCING OF LEGISLATIVE OR 07 ADMINISTRATIVE ACTION AS A] business, occupation, or profession of 08 influencing legislative or administrative action; or 09 (B) receives wages or other economic consideration, 10 including reimbursement of travel and living expenses, to communicate 11 directly with any public official 12 (i) for the express purpose of influencing legislative 13 or administrative action; and 14 (ii) during more than 40 hours in any 30 day period 15 in one calendar year; 16 * Sec. 5. AS 24.45.171 is amended by adding a new subsection to read: 17 (13) "communicate directly" means to speak with a legislator, 18 legislative employee, or public official 19 (A) by telephone; 20 (B) by two-way electronic communication; or 21 (C) in person. 22 * Sec. 6. AS 24.60.080(c) is amended by adding a new paragraph to read: 23 (10) tickets from a lobbyist for a charity event at any time, including 24 during a legislative session; in this paragraph, "charity event" means an event the 25 proceeds of which go to a charitable organization with tax-free status under 26 U.S.C. 26 501(c)(3) and that the Alaska Legislative Council has approved in advance; the tickets 27 may entitle the bearer to admission to the event, to entertainment, to food or 28 beverages, or to other gifts or services involved in the charity event. 29 * Sec. 7. AS 24.60.990(11) is amended to read: 30 (11) "lobbyist" means a person who is required to register under 31 AS 24.45.041 and is described under AS 24.45.171 [AS 24.45.171(8)(A)], but does
01 not include a volunteer lobbyist described in AS 24.45.161(a)(1) or a representational 02 lobbyist as defined under regulations of the Alaska Public Offices Commission;