Advertising with us can place you in front of thousands of visitors a day. Learn more!
|
|
|
- Alaska Statutes.
- Title 24. Legislature
- Chapter 60. Standards of Conduct
- Section 80. Gifts.
previous:
Section 75. Compassionate Gift Exemption.
next:
Section 85. Restrictions On Earned Income and Honoraria.
AS 24.60.080. Gifts.
- (a) 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
- (A) food or beverage for immediate consumption; or
- (B) tickets for a charity event at any time, except that tickets to or gifts received at a
charity event under this subparagraph are subject to the calendar year limit on the value of gifts received by a
legislator or legislative employee in (1) of this subsection; 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 involved in the charity event.
- (b) [Repealed, Sec. 42 ch 127 SLA 1992].
- (c) 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,
- (A) 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
- (B) at a social event or meal;
- (2) discounts that are available
- (A) generally to the public or to a large class of persons to which the person belongs; or
- (B) 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
- (A) the spouse of the person;
- (B) the person's domestic partner;
- (C) a child, including a stepchild and an adoptive child, of the person or of the person's domestic partner;
- (D) a parent, sibling, grandparent, aunt, or uncle of the person;
- (E) a parent, sibling, grandparent, aunt, or uncle of the person's spouse or the person's domestic
partner; and
- (F) 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 from any person at any time; in this paragraph, "charity
event" has the meaning given in (a)(2)(B) of this section.
- (d) A legislator or legislative employee who accepts a gift under (c)(4) of this section that has a value of $250 or more
shall disclose to the committee, within 30 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), 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), 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.
- (e) 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.
- (f) 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.
- (g) 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.
- (h) 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 trainee 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). A legislative volunteer or educational trainee shall be considered to be a
legislative employee for purposes of compliance with this section, AS 24.60.030
- 24.60.039, 24.60.060, 24.60.085, 24.60.158 - 24.60.170, 24.60.176, and 24.60.178. If a person believes that a legislative
volunteer or educational trainee has violated the provisions of one of those sections, the person may file a complaint
under AS 24.60.170
. The provisions of AS 24.60.170
apply to the proceeding.
- (i) 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.
- (j) 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.
- (k) [Repealed, Sec. 74 Ch 47 SLA 2007].
All content © 2008 by Touch
N' Go/Bright Solutions, Inc.
Note to HTML Version:
This version of the Alaska Statutes is current through December, 2007. The Alaska Statutes were automatically converted to HTML from a plain text format. Every effort has been made to ensure their accuracy, but this can not be guaranteed. If it is critical that the precise terms of the Alaska Statutes be known, it is recommended that more formal sources be consulted. For statutes adopted after the effective date of these statutes, see, Alaska State Legislature
If any errors are found, please e-mail Touch N' Go systems at E-mail. We
hope you find this information useful.