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Is
registration required? For lobbying the
legislature: Yes, as well as efforts
to influence executive action on pending legislation For lobbying regulatory/executive agencies: Yes Who must register? Lobbyists A business entity retained to lobby on behalf of another
entity is considered a lobbyist and must register, indicating the members or
employees of the firm who will engage in lobbying [A.S. §24.45.171(10)]. Registration is required to attempt to have a drug added
to the state formulary. However, mere
attendance at a Drug Utilization Review or a Pharmacy and Therapeutics
committee meeting does not require registration. Representational lobbyists whose expenses are being
reimbursed by a single entity may register as a group [2 A.A.C. 50.511]. A separate group registration statement
must be completed by each entity reimbursing expenses for multiple
representational lobbyists. What information must
be included? The registration form requires: ·
The
lobbyist's full name, 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; ·
The
full name and complete address of each person by whom the lobbyist is
retained or employed; ·
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; ·
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; ·
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; ·
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; ·
The
identification of a legislative employee or public official to whom the
lobbyist is married or who is the domestic partner of the lobbyist; ·
A
sworn affirmation by the lobbyist that the lobbyist has completed the
training course administered by the commission within the 12-month period preceding the date
of registration or registration renewal under this chapter, except this does
not apply to a person who is a representational lobbyist; ·
A
sworn affirmation by the lobbyist that the lobbyist has not been previously
convicted of a felony involving moral turpitude including convictions for a
violation of the law of Alaska or a violation of the law of another
jurisdiction with elements similar to a felony involving moral turpitude in
Alaska; and ·
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 will be included in the lobbyist directory [A.S.
§24.45.041]. When is registration required? Registration is required before
engaging in lobbying activities [A.S. §24.45.041(a)]. A lobbyist must file a separate
registration for each client or employer. Term of registration: Registration is annual, expiring
each year on December 31st.
A lobbyist is considered registered for the entire calendar year until
the lobbyist notifies the commission that he or she has terminated lobbying
activities [A.S. §§24.45.041; 24.45.051]. Is special authorization needed from employer? Yes, the employer must verify and
authorize the lobbyist’s representation by signing the lobbyist’s
registration statement, to be filed within 15 days of employment [A.S.
§24.45.061(a)]. With whom does lobbyist register?
Mailing
address: Physical address: Amount of fee: The registration fee is $250 per year per client.
Make check payable to: Alaska Public
Offices Commission [A.S. §24.45.041(g)].
There is no registration fee for registering as a representational
lobbyist [A.S. §24.45.041(g)]. Required
training: The lobbyist must sign a
verification form certifying the lobbyist has completed a training course
within the 12-month period preceding the date of registration. Upon receipt
of the verification form, the public offices commission issues a certificate
of training to the lobbyist as evidence of completion of the training course. Further information about the training
course can be obtained on the public offices commission website: www.state.ak.us/local/akpages/ADMIN/apoc/ethics_training/home.shtml. Employers must complete the required ethics training prior
to submitting the first required employer of lobbyists report. Additional
requirements: The lobbyist must affirm the lobbyist has
not been convicted of a felony involving moral turpitude [A.S.
§24.45.041(b)(8), (9)]. A lobbyist’s registration must include the identification
of a legislator, legislative employee, or public official to whom the
lobbyist is married or who is the domestic partner of the lobbyist [A.S.
§24.45.041(b)(7)]. Electronic registration:
Electronic
filing of all lobbying registrations and reports is mandatory [A.S.
§24.45.041(h)]. Amendments: A lobbyist must file an amended
registration statement within 10 days of any change in the information
provided in the original registration [A.S. §24.45.041(d)]. There is no additional registration fee for
an amendment. Registration
termination: A
lobbyist may terminate his or her registration electronically or by filing a
Notice of Termination of Lobbying Activities. A final report must be
filed for those portions of the month or quarter up to the time of
termination [A.S. §24.45.051(6)]. An
employer may terminate its filing obligations with respect to individual
lobbyists by indicating on its quarterly report the names of any lobbyists
who have ceased activity [APOC Manual of Instructions for Lobbyists p. 15]. By whom: Lobbyist: Yes, except for representational and
volunteer lobbyists When: Lobbyist: If registered to lobby the legislature,
the lobbyist must file monthly reports when the legislature is in session or
in special session and quarterly reports when the legislature is not in
session. If registered as an administrative lobbyist, quarterly reports
of financial activities are due the month following the end of each calendar
quarter. If both categories apply, a lobbyist should report as a
legislative lobbyist. Monthly and quarterly reports are due by the last
day of the month immediately following the reporting period [A.S.
§24.45.081]. Employers: Employers are required to file quarterly
reports, due by the last day of the month following the close of the calendar
quarter [A.S. §24.45.061(b)]. Employers must complete the required ethics training prior
to submitting the first required employer of lobbyists report. Reports
must be filed while the lobbyist is registered regardless of whether there
has been any lobbying during the period in question. If there has been
no reportable activity, the lobbyist and the employer file a zero report, omitting Schedule A and Schedule B
[2 A.A.C. 50.512]. If the due date of a report falls on
a weekend or holiday, the report is due on the next business day that is not
a weekend or holiday [Public Offices Commission]. What: Lobbyists must disclose on their
quarterly reports the following information: ·
The
source of income 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; ·
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: ·
Food
and beverages; ·
Living
accommodations; and ·
Travel; ·
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; ·
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; ·
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 ·
A
notice of termination if the lobbyist has ceased the lobbying activity that
required registration and if this report constitutes the final report of the
lobbyist's activities [A.S. §24.45.051]. Food and beverages consumed in places of public
accommodation are not gifts, but are reportable Schedule B expenditures
regardless of the cost. Receptions and
restaurant meals for public officials are reported on Schedule B. Food and beverages consumed in private
places are permissible, but must be disclosed once the aggregate value
reaches more than $100 during the calendar year. Such gifts are reportable on the gifts page
of the employer of lobbyist report [Manual of Instructions for Lobbyists]. Immediate family means the spouse and dependent
children of an individual [A.S. §24.45.171(7)]. If a lobbyist provides or pays for food or beverages for
immediate consumption by a legislator or legislative employee, or for a
spouse or domestic partner of a legislator or legislative employee, costing
more than $15 and not provided as part of an event open to all legislators or
legislative employees, the lobbyist must report the date the food or
beverages were provided, the recipient’s name, and the recipient’s
relationship to the legislator or legislative employee [A.S. §24.45.051(b)]. Additionally, if a lobbyist is an Alaska resident, the
lobbyist is permitted to contribute to a candidate for office within the
lobbyist’s own voting district, but must report such a contribution using
Form 15-5A. Such reports are due within 30 days after making the
contribution [A.S. 15.13.074(g); Instructions, Form 15-5A]. Lobbyists
are not required to report affiliated PAC contributions. Employers must complete a lobbyist training course before
submitting the first employer report.
At a minimum, the person responsible for completing and signing the
report for the employer must complete the training. Further information about the training
course may be obtained on the public offices commission website: www.state.ak.us/local/akpages/ADMIN/apoc/ethics_training/home.shtml. Employers must create a MyAlaska account and enter
registration data prior to an employed lobbyist being able to register
electronically. An expenditure is reported at the time the
benefit is given and not when it is paid.
Additionally, sales tax and gratuity for a meal
expenditure should be included in the amount disclosed on the lobbying report
[Public Offices Commission]. When reporting compensation, lobbyists must report their
pro-rata share of salary plus any benefits in place of wages, such as stock
options or the purchase of annuities [2 A.A.C. 50.540]. Bonuses and
commissions received for lobbying must be reported as salary. Compensation received for time spent in
preparation for lobbying must be reported [2 A.A.C. 50.545(e)]. Compensation is reportable as of the time
it is earned, not when received. Expenditures on behalf of board of pharmacy personnel are
reportable. A lobbyist is required to report reimbursement by his or
her employer for personal food, travel, lodging, and any other expenses
reasonably related to lobbying activity. .Lobbyists must also report
non-reimbursed expenses for food and beverages, living accommodations, and
travel when reasonably related to lobbying [A.S. §24.45.051(2); Advisory
Opinion, 6/11/08]. Lobbyists are required to report charitable contributions
when made at the behest of a legislator.
Lobbyists may provide tickets or contributions to a pre-approved
charity event to public officials [A.S. §§24.60.080(c)(10);
24.60.080(c)(11)]. Contributions to or a ticket to a charity event are
subject to the calendar year limit on the value of gifts given to a
legislator or legislative employee. A charity event means an
event the proceeds of which go to a charitable organization with 501(c)(3)
tax-exempt status and that the Alaska Legislative Council has approved in
advance [A.S. §24.60.080(a)(2)(B)]. Compensation
and activities of non-lobbyists must be reported on the employer of lobbyist
quarterly report [A.S. §24.45.061(3)]. Salary and expenses of employees or
contractors who assist in the research, drafting, and preparation of
materials furthering lobbying goals are reported on Schedule B [2 A.A.C.
50.545(e)]. Filed with whom: Electronic reporting: Electronic filing of all lobbying
registrations and reports is mandatory [A.S. §24.45.041(h)]. Notification to public officials: Lobbyists and their employers are
not required to provide pre-filing or post-filing notice to public officials
that an activity report will disclose expenditures to or on behalf of that
official. Definition of lobbyist: A lobbyist is a person who: ·
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 ·
Represents
oneself as engaging in the influencing of legislative or administrative
action as a business, occupation or profession [A.S. §24.45.171(11)]. Definitions: 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 regarding any legislative or administrative action
[A.S. §24.45.171(9)]. Communicating directly means to speak with a legislator, legislative
employee, or public official by telephone, by two-way electronic
communication, or in person [A.S. §24.45.171(4)]. Administrative action is the proposal, drafting, development,
consideration, amendment, adoption, approval, promulgation, issuance,
modification, rejection, or postponement by any state agency of any rule or
any other quasi-legislative or quasi-judicial action or proceeding, whether
or not governed by the Administrative Procedure Act [A.S.
§24.45.171(1)]. Administrative
action does not
include: ·
A
proceeding or an action to determine the rights or duties of a person under
existing statutes, regulations, or policies; ·
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; ·
The
enforcement of compliance with existing law or the imposition of sanctions
for a violation of existing law; ·
Procurement
activity, including the purchase or sale of property, goods, or services by
the agency, or the award of a grant contract; or ·
The
issuance of, or ensuring compliance with, an opinion or activity related to a
collective bargaining agreement, including negotiating or enforcing the
agreement [A.S. §24.45.171(1)(A)-(E)]. Immediate family means the spouse and dependent
children of an individual [A.S. §24.45.171(7)]. Payments in support of or
assistance to a lobbyist or his activities includes direct costs and expenses incurred by the
employer in the current research, drafting, preparation, and adaptation of
documents for use by the lobbyist for the purpose of influencing legislative
or administrative action [2 A.A.C. 50.545(e)]. Person includes a corporation, company,
partnership, firm, association, organization, business trust, or society, as
well as a natural person and labor unions [A.S. §§24.45.171(13); 01.10.060]. Public official or public officer means a public official, which includes a member
of the legislature, or a legislative director, the governor or the lieutenant
governor, a person hired or appointed in a department in the executive branch
as the head or deputy head of the
department, the director or deputy
director of a division, a special assistant to the head of the department, a
person serving as the legislative liaison for the department, an assistant to
the governor or the lieutenant governor, the chair or a member of a state
commission or board, state investment officers and the state comptroller in
the Department of Revenue, the chief procurement officer, the executive
director of the Alaska Workforce Investment Board, and the members of the
board of trustees, the executive director, and the investment officers of the
Alaska Permanent Fund Corporation
[A.S. §§24.45.171(15); 39.50.200(9)]. Representational
lobbyists are
lobbyists who are not engaged for pay and who receive only reimbursement for
travel and personal expenditures. They must register their
representation, but need not file reports. However, the person or group
who engages a representational lobbyist’s services must register and report
as a lobbyist employer. If the entity reimbursing the legislative travel
expenses is already an employer of a lobbyist and files regular reports, the
entity can report the expenses for the legislative travel on their regular
employer of lobbyist report for the appropriate quarter [A.S. §§24.45.041(g),
24.45.161(a)(1)(A); APOC Manual of Instructions for Lobbyists p. 4]. Ban
on contributions during session: No one may make a contribution in Restrictions
on contributions from lobbyists: A lobbyist may not make a contribution to a
candidate for office in a district outside the lobbyist’s own voting
district. This prohibition continues for one year after a lobbyist’s
registration or renewed registration date.
A lobbyist who contributes to a legislative candidate must file a Lobbyist
Report of Contributions to Legislative Candidates (Form 15-5A) within 30
days after making the contribution [A.S. §15.13.074(g)]. Lobbyists
may not serve as a campaign manager or director, serve as a campaign treasurer
or deputy treasurer, host a fundraising event, directly or indirectly collect
contributions, deliver contributions to a candidate, or participate in
fund-raising activities of a state-wide legislative candidates’ campaign
committee or a gubernatorial campaign committee [A.S.
§24.45.121(a)(8)]. Restrictions on board or commission service: Lobbyists, their employers, and
immediate family members may not serve as members of a state board, or
commission, if the lobbyist's employer may receive direct economic benefit
from a decision of that board or commission [A.S. §24.45.121(a)(7)]. A lobbyist may not serve as a public member of the select
committee on legislative ethics [A.S. §24.60.130(m)]. A
lobbyist may not serve as a member of the workers compensation appeals
commission [A.S. §23.30.007(n)(5)]. Local lobbying: State lobbying laws are not applicable to local
jurisdictions. Gift restrictions: Executive branch officials are prohibited from accepting gifts
that may improperly influence the official. A gift from a lobbyist to a
public official or to an immediate family member is presumed to be intended
to influence the performance of official duties unless the giver is an
immediate family member of the person receiving the gift [A.S. §39.52.130]. A legislator or legislative employee may not solicit,
accept, or receive a gift worth $250 or more, or solicit, accept, or receive
any gifts from the same person worth less than $250 that in a calendar year
aggregate to $250 or more in value. A legislator or legislative
employee may not 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 for food or beverage for immediate
consumption and tickets to a pre-approved charity event [A.S. §§24.60.080(a);
24.45.121(9)]. Lobbyists may provide tickets or contributions to a
pre-approved charity event to public officials [A.S. §§24.60.080(c)(10);
24.60.080(c)(11)]. Contributions to or a ticket to a charity event are
subject to the calendar year limit on the value of gifts given to a
legislator or legislative employee. A charity event means an
event the proceeds of which go to a charitable organization with 501(c)(3)
tax-exempt status and that the Alaska Legislative Council has approved in
advance [A.S. §24.60.080(a)(2)(B)]. A legislator or legislative employee may accept: ·
Hospitality
at a social event or meal; ·
Hospitality
with incidental transportation at the in-state residence of a person; ·
Discounts
generally available to the public, to a large class of persons, or when on
official state business if receipt of the discount benefits the state; ·
Food
or foodstuffs indigenous to the state that are shared generally as a cultural
or social norm; ·
Gifts
from immediate family members who are not lobbyists; ·
Gifts
not connected with legislative status; ·
Discounts
for all or part of a legislative session, or other gifts to welcome a
legislator or legislative employee, if the gift or discount is available
generally to all legislators and the legislator’s personal staff; ·
A
gift of legal services in a matter of legislative concern, or other services
related to the provision of legal services in a matter of legislative
concern; or ·
Travel
and hospitality primarily for the purpose of obtaining information on matters
of legislative concern, including meetings of national or regional
organizations to which the legislator belongs. Expenditures of lobbyists
at such meetings would still need to be included in their reports [A.S.
§24.60.080(c); A.O. 2007-03]. A person may provide a legislator or a legislative
employee a compassionate gift,
defined as a 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. No compassionate gift may be accepted 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 [A.S. 24.60.075]. A legislator may accept a gift of volunteer services for
legislative purposes so long as the person making the gift is not receiving
compensation from another source for the services [A.S. §24.60.080(h)]. To the extent possible, the value of a gift is to be
determined by its fair market value [A.S. §24.60.080(j)]. Lobbyists are required to report expenditures made on
behalf of a spouse or dependent child of a legislator or public official
[A.S. §24.45.051; §24.45.171(6)]. Gift
definitions: A gift means a payment or
item to the extent that consideration of equal or greater value is not
received, and includes the forgiveness or payment of a loan, the provision of
accommodations, tickets for travel or entertainment, the provision of food or
beverages other than for immediate consumption, the granting of a rebate not
available to the general public, and the provision or loan of goods or
services [A.S. §24.45.171(6); 2 A.A.C. 50.200(6)]. A political contribution is not considered a gift if it is
reported according to campaign finance law or is exempt from such reporting
[A.S. §24.60.080(e)]. Reimbursement: A legislator may not partially reimburse the amount of a
gift in order to comply with the gift limitations [Legislative Ethics
Commission]. Lobbyist reporting requirements for expenditures made for
the benefit of legislators to attend meetings of national organizations (such
as the annual meeting of the National Conference of State Legislatures) are
the same reporting requirements as under ordinary circumstances. State law prohibits lobbyists from accepting payment in
any way contingent upon the defeat, enactment, or outcome of any proposed
legislative or administrative action [A.S. §24.45.121(a)(6)]. Lobbyists and employers whose reports are received
after the due date may be fined up to $10 per day, including weekends and
holidays. An affidavit stating facts in mitigation may be submitted to the
commission by a person against whom a civil penalty is assessed. However,
imposition of the penalties does not excuse the lobbyist or employer of a
lobbyist from filing the required statements or reports [A.S. §24.45.141] [A.S. §24.45.141]. Knowing violation of the law may subject a lobbyist to
criminal prosecution with a fine of as much as $1,000, imprisonment of up to
one year, or both [A.S. §24.45.151(a)].
A person, other than an individual, who knowingly violates the
lobbying provisions, 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 is punishable by a fine of
not more than $10,000 for each offense
[A.S. §24.45.151(c)]. Alaska State Statutes, Title 24, Chapter 45, §§.011-.181;
Regulation of Lobbying Law, Chapter 60, Gifts, §.080; Title 15, Chapter 13,
State Election Campaigns, §.074, 2006; Title 39, Chapter 52, Executive Branch
Ethics Act, §.130; Title 23, Chapter 30, Alaska Workers’ Compensation Act, §
007, 2006; Alaska Administrative Code, Regulation of Lobbying, 2 A.A.C.
50.505 - 2 A.A.C. 50.545; Executive Branch Code of Ethics, 9 A.A.C. 52.060,
6/06 Patty
Ware Mailing
address: Physical address: (907)
465-4864 or (866) 465-4864 E-mail: Patricia.Ware@alaska.gov
Registration requirements: Registration is not required because lobbying is
defined as the attempt to influence legislative or administrative
action. 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 regarding any legislative or administrative action [A.S. §24.45.171(8),
(9)]. Reporting requirements: Although registration is not required, those who are
registered as lobbyists and undertake grassroots activities are required to
report grassroots expenditures on their reports filed with the public offices
commission. Websites: If an organization creates a website targeting an issue
pertaining to Alaska and other states,
payments must be reported on the quarterly employer of lobbyist report
on Schedule B if the website content is closely connected to the
organization’s lobbying efforts [A.S. §24.45.061(3)]. Media campaign costs such as website
development must be reported even if the campaign does not explicitly urge
others to contact public officials in support of the organization’s position
if the expenditures are designed to assist the organization’s lobbyists in
their efforts to influence administrative and legislative action [Advisory
Opinion, 1/30/08].
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© 2008 State and Federal Communications, Inc.
Content last reviewed: 10/15/08