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Division of Elections

State of Alaska

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An act creating criminal penalties for public officials who regulate or legislate competitive advantages for, or direct appropriations to their business partners, their clients, their contributors, and other defined close associates and creating criminal penalties for those who succeed in profiting by inducing public officials to violate this act.

Initiative Id: 14CPO2 — Sponsor’s Proposed Bill Language

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FOR AN ACT ENTITLED:

An act creating criminal penalties for public officials who regulate or legislate competitive advantages for, or direct appropriations to their business partners, their clients, their contributors, and other defined close associates and creating criminal penalties for those who succeed in profiting by inducing public officials to violate this act.

Be it enacted by the People of the State of Alaska;

Sec. 11.56.130. is repealed and reenacted to read:

Sec. 11.56.130. Presumptive political bribery.

(a) It is a class A felony for public officials to regulate or legislate competitive advantages for, or direct appropriations to themselves, their business partners, their clients, immediate family, past, present, or sought-after employers or contributors, including contributors to independent expenditure campaigns intended to increase the probability of their election.

(b) It is a class A felony to receive an appropriation, or secure a competitive advantage over competition for profit through regulation or statute by inducing public officials to violate (a) of this section.

(c) Presumptive political bribery shall be narrowly construed. Actions affecting legislation and/or regulations which similarly impact a broad spectrum of population, and have relatively minor fiscal impacts incidental only to implementation, are exempt. Members of deliberative bodies may absolve themselves of potential conflict by entering their conflict into the record and refraining from voting.

(d) For purposes of applying AS 12.10 governing limitations of actions, in a prosecution under AS 11.56.130, the statute of limitations begins to run with the violation and continues for ten years.