Executive Source on Procurement Lobbying

Alaska — Executive Source on Procurement Lobbying

Alaska — Applicable Law

Alaska Statutes, Title 15, Elections, Chapter 15.13, State Election Campaigns; Alaska Statutes, Title 24, Legislature and Lobbying, Chapter 24.45, Regulation of Lobbying; Alaska Statutes, Title 24, Legislature and Lobbying, Chapter 24.60, Standards of Conduct, Article 2, Standards of Conduct; Alaska Statutes, Title 24, Legislature and Lobbying, Chapter 24.60, Standards of Conduct, Article 5, Miscellaneous and General Provisions; Alaska Statutes, Title 36, Public Contracts, Chapter 36.30, State Procurement Code; Alaska Statutes, Title 39, Public Officers and Employees, Chapter 39.52, Alaska Executive Branch Ethics Act, Article 2, Code of Ethics; Alaska Statutes, Title 39, Public Officers and Employees, Chapter 39.52, Alaska Executive Branch Ethics Act, Article 6, General Provisions; Alaska Administrative Code, Title 2, Administration, Chapter 50, Alaska Public Offices Commission; Alaska Administrative Code, Title 3, Commerce, Community, and Economic Development, Part 11, Miscellaneous, Chapter 92, Alaska Product Preference; Alaska Administrative Code, Title 9, Law, Chapter 52, Executive Branch Code of Ethics

Alaska — Vendor Registration

Vendor registration is not required to do business with the State of Alaska.

Vendors may download a bidder application packet and register at: http://doa.alaska.gov/dgs/purchasing/vendorappDL.html or call (907) 465-2250. Vendors can also pick up bid packages at the Anchorage and Juneau offices of the division of general services. Vendors must submit proof of a valid Alaska business license with the application [A.S. §36.30.050(b)].

Return completed packets to:

Division of General Services

State Office Building

Seventh Floor

333 Willoughby Street

P.O. Box 110210

Juneau, Alaska 99811-0210

When general services receives a completed bidders list application and evidence of a valid Alaska business license, the business will be placed on computerized lists for each supply or service code listed on the application. When the need arises for a supply or service estimated to cost more than $50,000, an invitation to bid or requests for proposals may be sent to vendors on the bid list.

A business license may be obtained from:

Department of Commerce, Community and Economic Development

Division of Business Licensing

P.O. Box 110806

Juneau, Alaska 99811-0806

(907) 465-2550

FAX (907) 465-2974

E-mail: businesslicense@alaska.gov

Internet site: http://www.commerce.state.ak.us/occ

New business licenses may now be purchased or renewed online at: http://www.commerce.state.ak.us/CBP.

Alaska — General Information

The department of administration, division of general services is the central purchaser of supplies and services for the executive branch of state government. The department of transportation and public facilities oversees the state equipment fleet and construction. The department of natural resources, division of parks is responsible for park and campground construction [How to Do Business in the State of Alaska, p. 3].

Being a registered vendor does not guarantee automatic notification of solicitations. Vendors who register online are usually notified of bid solicitations for contracts in excess of $50,000. Notices of requests for proposals or invitations are posted on the state’s online public notice system at: http://notes4.state.ak.us/pn. Other forms of notice such as publishing an advertisement in a newspaper of general circulation may be used in addition to the vendor list [A.S. §36.30.130(a)].

A procurement for supplies, services, or professional services that does not exceed an aggregate dollar amount of $50,000, construction that does not exceed an aggregate dollar amount of $100,000, or lease of space that does not exceed 3,000 square feet may be made in accordance with regulations that are practicable under the circumstances as adopted by the commissioner [A.S. §36.30.320].

Typically, supplies, services, and professional services with an estimated value between $5,000 and $50,000 may be purchased using price quotations or informal proposals from at least three responsible offerors. Items or services valued at less than $5,000 may be purchased without competition. Vendors should contact the appropriate purchasing officer in order to be eligible to receive offers for small procurement bidding.

A responsible offeror is one who has a satisfactory record of performance, is qualified to legally contract with the state, and has supplied all the necessary information in connection with the state’s inquiry concerning responsibility.

State procurement law is applicable to leases.

There are no post-RFP restrictions on contact with procurement officials.

A list of purchasing officers for the department of general services is posted at: http://doa.alaska.gov/dgs/cam/staff.html.

An online list is also available for the department of transportation and public facilities: http://dot.alaska.gov/procurement/contacts/index.shtml.

The procurement officer may require a vendor to demonstrate the availability of necessary financing, equipment, facilities, and personnel [How To Do Business with the State of Alaska].

Application of preferences

Alaska bidder's preference: The award of a contract will be made after a preference of five percent has been applied to the bid price or offer for all responsive and responsible bidders/offerors who qualify as Alaska bidders.

An Alaska bidder is a bidder or offeror who:

Holds a current Alaska business license;
Submits a bid for supplies, services, or construction under the name appearing in the current business license;
Has maintained a place of business within the state staffed by the bidder or employee of the bidder for a period of six months immediately preceding the bid date;
Is incorporated or qualified to do business under the laws of Alaska, is a sole proprietorship and the proprietor is a resident of the state, is a limited liability company organized under state law and all members are residents of the state, or is a partnership under state law and all partners are residents of the state; and
If a joint venture, is composed entirely of ventures that qualify as stated above [A.S. §36.30.170(b)].

Alaska veteran's preference: A vendor will receive a five percent cost preference, up to $5,000, if he or she is a military veteran or, in the case of an entity, if it is owned by a veteran. For purposes of this preference, a person is a veteran if he or she served in and was separated under non-dishonorable circumstances from the armed forces of the United States, including a reserve unit, the Alaska National Guard, Alaska Territorial Guard, or Alaska Naval Militia [A.S. §36.30.175].

Alaska product preference: A vendor will receive a three, five, or seven percent cost preference if their bid or offer designates the use of Alaska products that meet the specification requirements of the solicitation and certified by the department of commerce, community, and economic development to be more than 25 percent produced or manufactured in Alaska [A.S. §36.30.332; 3 A.A.C. §92.090(b)].

Additional preferences include recycled products, use of local forest products, Alaska offeror, employment program preference, Alaskans with disabilities preference, employers of people with disabilities preference, and local agriculture and fisheries product [How to do Business with the State of Alaska, p. 10-13].

Awards: Bids are awarded to the lowest responsible and responsive bidder whose bid conforms in all material respects to the requirements and criteria set out in the Invitation to Bid. The bid will be awarded to the lowest priced bidder who meets the bid specifications and otherwise demonstrates the ability to successfully meet the requirements of the invitation to bid [How to do Business with the State of Alaska, p. 13].

Proposals are awarded to the responsible and responsive offeror whose proposal is determined in writing to be the most advantageous to the state taking into consideration price and the evaluation factors set out in the request for proposal [How to do Business with the State of Alaska, p. 13-14].

Alaska — Vendor Disclosure Statement

There are no vendor disclosure requirements in this jurisdiction.

Alaska — Lobbyist Registration

Is registration required?

Alaska law exempts procurement activity from the definition of administrative action and therefore procurement account executives are not required to register as lobbyists [A.S. §24.45.171(1)(D)].

Sales agents seeking state contracts for their clients are not required to register as lobbyists. Lobbying is the attempt to influence legislative or administrative action.

There are no pay-to-play provisions that affect the registration thresholds or whether lobbyists must register.

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.

Who must register?

Lobbyists, except for volunteer lobbyists [A.S. §24.45.161(a)(1)]

Lobbyist employers, by providing the required information on the registration form of each lobbyist retained or employed [2 A.A.C. §50.555].

Representational lobbyists may register as a group [2 A.A.C. §50.550]. A separate group registration statement must be completed by each entity reimbursing expenses for multiple representational lobbyists [APOC Group Lobbyist Registration Form].

Part-time lobbyists who receive wages or other compensation for communicating directly with public officials to influence administrative or legislative action as one component of the employee’s job responsibilities must register once they reach the time threshold of lobbying for 10 hours in any 30-day period in a calendar year [A.S. §24.45.171(11)(A)].

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 for professional lobbyists [2 A.A.C. §50.550(b)].

Registration is required upon exceeding 10 hours of lobbying activity in any 30-day period for part-time lobbyists [2 A.A.C. §50.550(c)].

Registration is required no later than seven days after beginning lobbying activity for representational lobbyists [2 A.A.C. §50.550(d)].

A lobbyist must file a separate registration for each client or employer [2 A.A.C. §50.550(a)].

Registration threshold:

The registration threshold is met when lobbying activity exceeds 10 hours in any 30-day period in one calendar year for an individual who does not purport to be in the business, occupation, or profession of lobbying, but is employed, is retained, or contracts to engage in lobbying for compensation, including reimbursement for travel expenses and personal living expenses [2 A.A.C. §50.550(c)].

The 10-hour threshold does not apply to a professional lobbyist, who must register with APOC prior to engaging in any lobbying. A professional lobbyist is a person who represents oneself as engaging in the influencing of legislative or administrative action as a business, occupation, or profession [A.S. §24.45.171(11)(B); Alaska Public Offices Commission].

Lobbying activity does not include research, or the drafting, preparation, or adaptation of documents for that individual's own use [2 A.A.C. §50.550(c)].

In calculating the 10 hours, the following must be included:

Time spent testifying before legislative committees or meeting with public officials or legislative employees, but not time spent waiting to testify or to meet with public employees; and
Time spent on the telephone or in e-mail exchanges with public officials or legislative employees, but not time writing a letter or sending a public opinion message [APOC Manual of Instructions for Lobbyists and Employers of Lobbyists].

Communicating directly anywhere with a public official, including after work hours at home or in a bar, counts toward the registration threshold [A.S. §24.45.171(4); Advisory Opinion AO 10-39-LOB].

Term of registration:

Registration is annual, expiring each year on December 31st [A.S. §§24.45.041; 24.45.051].

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 electronic signature on the lobbyist’s electronic registration filing [A.S. §24.45.061(a); Alaska Public Offices Commission].

With whom does the lobbyist register?

Alaska Public Offices Commission

Juneau Branch Office

Mailing address:

P.O. Box 110222

Juneau, Alaska 99811-0222

Physical address:

240 Main Street

Court Plaza Building

Suite 500

Juneau, Alaska 99801

Amount of fee:

The registration fee is $250 per year per client [A.S. §24.45.041(g)].

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 or as a volunteer lobbyist [A.S. §§24.45.041(g); 24.45.161].

Required training:

Training is mandatory [A.S. §24.45.041(8)]. Information about the online or in-person training courses can be obtained on the commission website: http://doa.alaska.gov/apoc/ethics_training/home.html.

A required training course must be taken annually by both lobbyists and employers [A.S. §24.45.041(b)(8); Alaska Public Offices Commission].

The lobbyist must certify on the lobbyist registration form that he or she has completed the required training course within the 12-month period preceding the date of registration [A.S. §24.45.041(b)(8)].

Employers must complete the required ethics training prior to submitting the first required employer of lobbyist report due on April 30th [Alaska Public Offices Commission].

Representational and volunteer lobbyists are not required to take the training [A.S. §24.45.041(b)(8)].

Electronic registration:

Electronic filing of registrations is available at: https://my.alaska.gov.

Electronic filing of all lobbying registrations and lobbying and employer reports is mandatory, however, a representational lobbyist may register by paper [A.S. §24.45.041(h); Alaska Public Offices Commission].

To register and file reports electronically, the lobbyist and lobbyist employer must first obtain a MyAlaska and Insight APOC reporting system account. MyAlaska is the state’s program that allows electronic filers to electronically sign their registrations and reports. An account can be setup at: https://my.alaska.gov. Once both accounts are established, the lobbyist and employer can create profiles to register electronically. Electronic registration can be completely paperless, i.e., lobbyist certification and employer verification can be completed online and payment can be made by credit card. Payment by check is also permissible, but, completion of the registration process cannot continue until a receipt number, obtained from the state, is entered on the electronic registration form [APOC Manual of Instructions for Lobbyists and Employers of Lobbyists].

Amendments:

A lobbyist must electronically 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:

Lobbyist registrations terminate automatically at the end of the year [Alaska Public Offices Commission].

A lobbyist may also terminate registration by electronically filing or paper 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 and Employers of Lobbyists].

Alaska — Contingency Lobbying

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)].

Alaska — Activity Reports Required

By whom:

Lobbyists: Yes, except for representational and volunteer lobbyists [2 A.A.C. §50.570].

Employer: Yes, including employers of representational lobbyists [2 A.A.C. §50.575].

Activity reports are not required because registration as a lobbyist is not required for procurement activity.

When:

Monthly and quarterly reports are due by the last day of the month immediately following the reporting period.

Required reports must 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 has declared that the lobbyist seeks only to influence administrative action and not legislative action the lobbyist need only file a report for each calendar quarter. The period covered is the calendar month or the calendar quarter, as applicable, and must in any event cover the period from the date of the last report filed to the date of the end of the calendar month or quarter, as applicable, for which the report is being filed. The period covered does not include any months covered in previous reports filed by the same person. When total amounts are required to be reported, totals are stated both for the period covered by the statement and for the entire calendar year to date [A.S. §24.45.081].

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 a person is registered as both a legislative and administrative lobbyist, then a lobbyist should report as a legislative lobbyist [A.S. §24.45.081].

Employers are required to file quarterly reports [A.S. §24.45.061].

If the due date of a report falls on a weekend or state holiday, the report is due on the next business day that is not a weekend or state holiday [Alaska 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].

Employers of lobbyists must disclose the total amount of payments made to influence legislative or administrative action during the period, including:

The full name, complete business address and telephone number of the person making the report;
Information sufficient to identify the nature and interests of the person making the report;
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;
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;
A general description of the legislative or administrative action that the person making the report has attempted to influence;
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
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 [A.S. §24.45.061].

Salary reporting:

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. The report must include all income earned in the reporting period, even if not received in the reporting period. A lobbyist may report income earned using any of the following methods:

By dividing the lobbyist's total annual compensation equally among the reporting periods in which the lobbyist is active;
By allocating income to the reporting periods in proportion to the amount of time spent lobbying in each reporting period, for a lobbyist who is substantially more active in the months when the legislature is in session;
By reporting actual hourly income earned in each reporting period; or
By using any other method that fairly represents the lobbyist's compensation earned in the reporting period [2 A.A.C. §50.570(b)].

Employers of lobbyists must report the gross wages paid or payable for lobbying, prorated for the reporting period, plus any benefits such as stock options, annuities, or bonuses that are paid in place of or in addition to wages. Wages and benefits required to be reported under this section do not include routine employment benefits that the employer pays on behalf of all employees, such as the employer's contribution to a health insurance plan, a retirement plan, or payroll taxes [2 A.A.C. §50.575].

Are bonuses and commissions included when calculating the pro-rata share of salary to be reported?

Bonuses and commissions received for lobbying must be reported by lobbyists and employers [2 A.A.C. §§50.570; 50.575].

Is time spent preparing for lobbying used when calculating the pro-rata share of salary to be reported?

Compensation received for time spent in preparation for lobbying must be reported by lobbyists and employers [2 A.A.C. §§50.570; 50.575].

Is time spent testifying before officials used when calculating the pro-rata share of salary to be reported?

When calculating pro-rata share of compensation to be reported, a lobbyist should include compensation earned for time spent attending or testifying at hearings [Alaska Public Offices Commission].

Is time spent traveling to the jurisdiction to lobby used when calculating the pro-rata share of salary to be reported?

Compensation earned for time spent traveling to and from lobbying activities should not be included in this calculation [Alaska Public Offices Commission].

Expenditure reporting:

Lobbyists: A lobbyist must include the cost of all disbursements or expenditures made or incurred 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, even if the costs are not paid in the reporting period [2 A.A.C. §50.570(b)].

A lobbyist must report any expenditure on:

Food or beverages for immediate consumption for a legislator, a legislative employee, or a public member of the select committee on legislative ethics. If the expenditure exceeds $15 for any legislator, legislative employee, or the spouse or domestic partner of either, the lobbyist must report the date the food or beverage was provided or paid for and the recipient's name and relationship to the legislator or legislative employee. When an expenditure is made to provide food or beverages to more than one person, the report must identify the actual amount of each expenditure exceeding $15 for any legislator, legislative employee, or spouse or domestic partner of a legislator or legislative employee [2 A.A.C. §50.570(c)];
Living accommodations; and
Travel [A.S.§24.45.051].

No later than 30 days after making any contribution to a candidate for legislative office, a lobbyist must report the contribution on a form prescribed by the commission. For any person who terminates employment as a lobbyist, the reporting requirement continues for one year after the date of the person's last lobbyist registration or renewal [2 A.A.C. §50.570(d)].

If the employer of the lobbyist reimbursed the expenditure, the lobbyist must identify the employer that reimbursed the expenditure [2 A.A.C. §50.570(c)].

If a registered lobbyist does not engage in lobbying activity during a reporting period, the lobbyist must submit a zero report certifying the lobbyist made no expenditures for lobbying and earned no payment for lobbying during that reporting period [2 A.A.C. §50.570(a)].

Employers: An employer must include the direct costs and expenses incurred by the employer in research, and in the drafting, preparation, or adaptation of documents for use by the lobbyist for the purpose of influencing legislative or administrative action. This information includes:

For each employee who expends more than 10 hours per month directly supporting the employer's lobbying goals:

The name and business address of the employee;
A specific description of the subject of the work; and
The total amount paid based on the employee's gross compensation prorated for the employee's time spent in support of lobbying activity in the reporting period. The employer is not required to report general overhead expenses.

For a vendor, contractor, or other non-employee that provides services in support of lobbying activity:

The name and address of the vendor, contractor, or other non-employee;
A specific description of the subject of the work; and
The date and amount of any payment in the reporting period; and

Payments for food and beverages, reported by the total amount paid to each vendor in the reporting period [2 A.A.C. §50.575(b)].

If the employer makes no expenditures or payments during a reporting period, the employer may submit a zero report, certifying the employer made no expenditures or payments during the reporting period [2 A.A.C. §50.575(c)].

A bona fide association that employs, retains, or contracts for the services of a lobbyist must file the reports required, but is not required to report dues paid by any member of the association except as provided in 2 A.A.C. §50.555(c)(2) [2 A.A.C. §50.575(d)].

Are expenditures made on spouses or family members of officials reported?

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 must be reported [A.S. §24.45.051].

If an expenditure for food and beverage exceeds $15 for any spouse or domestic partner of a legislator or legislative employee, the lobbyist must report the identity of the recipient. When an expenditure is made to provide food or beverages to more than one person, the report must identify the actual amount of each expenditure exceeding $15, unless the event was open to all legislators or legislative employees [A.S. §24.45.51(b)].

Are campaign contributions reported on lobbying reports?

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.

Are expenditures to pay for the personal food, travel, and lodging expenses of the lobbyist reported by either the lobbyist or employer?

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, such as overhead and office expenses. 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(a)(2); Advisory Opinion AO 08-03-LOB; Alaska Public Offices Commission].

Are tips and tax included when reporting the value of meals?

A reportable expenditure includes any applicable sales tax, but does not include any tip voluntarily paid to an individual who provides services [2 A.C.C. §50.570(c)].

Are charitable contributions made at the behest of an official reported?

Lobbyists are required to report charitable contributions when made at the behest of a legislator [A.S. §24.60.080(c)(10)].

Are the salaries and expenditures of non-lobbyist employees reported?

Lobbyists: If the salary and expenditures of a non-lobbyist employee are reimbursed by the lobbyist employer, then the expenses must be reported. Non-reimbursed expenses only need to be reported if they are for food and beverages, living accommodations, and travel when reasonably related to lobbying [A.S. §24.45.051(a)(2);

Advisory Opinion AO 08-03-LOB; Alaska Public Offices Commission].

If a lobbyist hires someone to assist with lobbying, the lobbyist would also be an employer of a lobbyist whether the individual hired works under contract or as an employee [Alaska Public Offices Commission].

Employers: Compensation and activities of non-lobbyists must be reported on the employer of lobbyist quarterly report for a non-lobbyist employee who performs functions that influence legislative or administrative action [A.S. §24.45.061(b)(3); Advisory Opinion AO 08-06-LOB].

Salary and expenses of employees or contractors who assist in the research, drafting, and preparation of materials furthering lobbying goals are reported. For each employee who expends more than 10 hours per month directly supporting the employer's lobbying goals an employer must also disclose:

The name and business address of the employee;
A specific description of the subject of the work; and
The total amount paid based on the employee's gross compensation prorated for the employee's time spent in support of lobbying activity in the reporting period.

Overhead and office expenses need not be included on the employer’s report [2 A.A.C. §50.575(b)(2)(A); Alaska Public Offices Commission].

There is no reporting requirement for support staff whose functions are unrelated to lobbying [A.S. §24.45.061(b)(3); Advisory Opinion AO 08-06-LOB].

If a lobbyist or employer provides an official with a ticket to a charitable event, is the value or cost of the ticket reported?

Lobbyists may provide tickets or contributions to a pre-approved charity event to public officials [A.S. §24.60.080(c)(10)]. 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, but need not be disclosed unless they meet the $100 threshold [A.S. §24.60.080(a); Lobbying Manual, p. 26].

A charity event is 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)].

Other information:

Expenditures on behalf of board of pharmacy personnel are reportable.

Accounting:

An expenditure is reported at the time the benefit is given and not when it is paid.

Filed with whom:

Alaska Public Offices Commission

Electronic reporting:

Electronic reporting is available at: https://my.alaska.gov.

Electronic filing of all lobbying reports is mandatory, however, an employer of a representational lobbyist may report by paper [A.S. §24.45.041(h); Alaska Public Offices Commission].

Notification to public officials:

Lobbyists and their employers are not required to provide pre-filing or post-filing notice to a public official that an activity report will disclose expenditures to and on behalf of the official.

Alaska — Gift Law

Executive

Specific gift provisions in the table must be read in light of the overall gift restrictions.

Gift	Lobbyists	Non-lobbyists
Food and beverages	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].	Executive branch officials may not accept gifts that may improperly influence the official. Occasional gifts of $50 or less are presumed not to improperly influence [A.S. §39.52.130; 9 A.A.C. §52.060].
Travel	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].	Executive branch officials may not accept gifts that may improperly influence the official. Occasional gifts of $50 or less are presumed not to improperly influence [A.S. §39.52.130; 9 A.A.C. §52.060].
Entertainment	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].	Executive branch officials may not accept gifts that may improperly influence the official. Occasional gifts of $50 or less are presumed not to improperly influence [A.S. §39.52.130; 9 A.A.C. §52.060].
Tickets to events	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].	Executive branch officials may not accept gifts that may improperly influence the official. Occasional gifts of $50 or less are presumed not to improperly influence [A.S. §39.52.130; 9 A.A.C. §52.060].

Gifts from lobbyists:

Executive

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].

Travel or lodging received by a public officer in connection with a trip the public officer takes as part of the officer's official duties is not an improper gift if the monetary value of the travel or lodging is comparable to the cost the state would have paid for the travel or lodging and the head of the officer's agency determines the gift is to the state, not to the officer [9 A.A.C. §52.060].

Gifts from non-lobbyists:

Executive

Executive branch officials may not accept gifts that may improperly influence the official. Occasional gifts of $50 or less are presumed not to improperly influence [A.S. §39.52.130; 9 A.A.C. §52.060].

Restrictions specific to bidders and contractors:

There are no restrictions on providing gifts specific to bidders or contractors that would affect future or existing contracts with the jurisdiction.

Gift splitting:

Splitting the cost of a gift amongst multiple gift givers to lower the per giver cost below a reporting or gift giving threshold is not permitted. Multiple givers must designate one giver to report the total amount of the gift. However, if multiple givers give to multiple public officials, the total amount can be divided by the number of public officials and reported separately [Alaska Public Offices Commission].

Gift definitions:

A gift is 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 for personal or professional use [A.S. §24.45.171(6); 2 A.A.C. §50.200(6)].

Reimbursement:

Consideration of equal or greater value must be given to avoid the gift restrictions [A.S. §24.45.171(6); 2 A.A.C. §50.200(6)].

Neither legislators nor public officials may partially reimburse the amount of a gift in order to comply with the gift limitations [Legislative Ethics Commission; Alaska Public Offices Commission].

Other gift provisions:

A public officer who receives a gift with a value in excess of $150 must give notice to a designated supervisor, including the name of the giver, a description of the gift, and its approximate value, within 30 days after the date of receipt if:

The public officer may take or withhold official action affecting the giver; or
The gift is connected to the public officer’s governmental status [A.S. §39.52.130(b)].

The restrictions relating to gifts do not apply to a campaign contribution given to a candidate for elective office if the contribution complies with the laws governing elections and campaign disclosure [A.S. §§24.60.990(a)(2)(B); 39.52.130(d)].

Alaska — Contributions

Who may make contributions:

Only individuals, groups, non-group entities, and political parties may make contributions to a candidate’s campaign. An individual, group, or non-group entity may make a contribution to a group, to a non-group entity, or to a political party [A.S. §15.13.065(a)].

Who may not make political contributions?

Corporations, companies, partnerships, firms, associations, business trusts or sureties, and labor unions are prohibited from making political contributions to any candidate, group, or non-group entity [A.S. §15.13.074(f)]. A corporation may make contributions and expenditures in support of or opposition to a ballot measure group [2 A.A.C. §50.352].

Out-of-state groups may not contribute to or make independent expenditures for Alaska candidates [A.S. §15.13.072(a)(3)]. Out-of-state groups may make contributions and independent expenditures of any amount supporting or opposing ballot measures [A.S. §15.13.065(c)]. Out-of-state groups and individuals are subject to the same reporting requirements as those residing within the state [2 A.A.C. §50.344].

Is there any other information relevant to the issue of who may make political contributions?

An organization is considered out-of-state if it is organized under the laws of another state, resident in another state, or has participants who are not residents of Alaska at the time the contribution is made [A.S. §15.13.072(a)(3)].

A person or group may not make a contribution to a candidate later than the 45th day:

After the date of the primary election if the candidate was not nominated at the primary election;
After the date of the general election; or
After the date of a municipal or municipal runoff election [A.S. §15.13.074(3)].

A person or a group may not make a contribution to a candidate or individual authorized to make election-related expenses for an office to be filled at a general election until 18 months before the general election [A.S. §15.13.074(3)].

Providing services, including legal services, is not considered a contribution in light of the decision of the Ninth Circuit Court of Appeals in Jacobus v State of Alaska [Public Offices Commission].

Contribution amounts:

How much may corporations contribute?

Direct corporate contributions are not permitted.

How much may individuals or groups contribute?

Individuals may make contributions of not more than:

$500 per year to a non-group entity for the purpose of influencing the nomination or election of a candidate; to a candidate; to an individual who conducts a write-in campaign as a candidate; or to a group that is not a political party;
$5,000 per year to a political party for the purpose of influencing the nomination or election of a candidate or candidates [A.S. §15.13.070(b)(1), (2)]; and
$100 in cash [A.S. §15.13.072(b)].

Under the Alaska Campaign Disclosure law, a political action committee, or PAC, is another name for a group. The following conditions must be met by all contributors to PACs:

Contributions to the PAC must be from individuals and other PACs and must be voluntary;
Individuals may not contribute more than $500 per year to the PAC (cash contributions are not to exceed $100 annually). Other PACs may contribute up to $1,000 per year; and
Only 10 percent of the PAC contributions may come from non-Alaska residents [A.S. §§15.13.070; 15.13.072(b), (f)].

A group that is not a political party may contribute:

Not more than $1,000 per year to a candidate, or to an individual who conducts a write-in campaign as a candidate;
Not more than $1,000 to another group or non-group entity; or
Not more than $1,000 to a political party [A.S. §15.13.070(c)].

Political parties may contribute to a candidate, or to an individual who conducts a write-in campaign for the following offices, up to a yearly amount not to exceed:

$100,000 for governor or lieutenant governor;
$15,000 for the state senate;
$10,000 for the state house of representatives; and
$5,000 if the election is for a delegate to a constitutional convention, judge seeking retention, or municipal office [A.S. §15.13.070(d)].

Non-group entities may not contribute more than $1,000 a year to:

Another non-group entity for the purpose of influencing the nomination or election of a candidate;
A candidate;
An individual who conducts a write-in campaign as a candidate;
A group; or
A political party [A.S. §15.13.070(f)].

Out-of-state individuals may contribute to Alaska candidates if the contribution does not exceed $1,000 and the candidate has not exceeded the aggregate amount he or she is permitted to receive from out-of-state individuals. The aggregate amounts are:

$20,000 for governor or lieutenant governor;
$5,000 for state senator; and
$3,000 for state representative, municipal, or other office [A.S. §15.13.072(e)].

Out-of-state individuals may contribute to Alaska groups or political parties if the contribution does not exceed 10 percent of total contributions made to the group or political party during the calendar or group year in which the contributions are received [A.S. §15.13.072(f)].

Out-of-state individuals and entities may contribute to non-group entities for the purpose of influencing the nomination or election of a candidate as long as total contributions from out-of-state individuals and entities does not exceed 10 percent of the total contributions made to the non-group entity for the purpose of influencing the nomination or election of a candidate during the calendar year in which the contributions are received [A.S. §15.13.072(h)].

Is there any other information relevant to the amount that may be contributed?

Groups may not make charitable contributions, because these expenditures are not reasonably related to campaign activities [See, A.S. §15.13.112]. A group may, however, contribute to a charity when disbanding, in order to distribute the balance of its campaign funds [A.S. §15.13.116(a)(3)].

Alaska — Pay-to-Play

Contribution limits:

There are no pay-to-play laws in this jurisdiction.

Federal pay-to-play:

17 C.F.R. §275.206(4)-5 imposes pay-to-play rules upon investment advisers and their covered associates who make contributions to officials of state and local government entities. More information about this rule can be found here: SEC Pay-to-Play.

Municipal Securities Rulemaking Board Rule G-37 imposes similar pay-to-play rules upon brokers, dealers, or municipal securities dealers making contributions to officials of state and local government entities. More information about this rule can be found here: MSRB Rule G-37.

Alaska — Definitions

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)].

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 reports 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 and Employers of Lobbyists].

Volunteer lobbyists receive no compensation and make no disbursements or expenditures for or on behalf of a public official other than for personal travel and personal living expenses paid from personal resources. Volunteer lobbyists are exempt from the lobbying law and not required to register [A.S. §24.45.161(a)(1)(A)].

Lobbying or lobbying activity includes:

Communicating directly, or using an agent to communicate directly, for the purpose of influencing legislative or administrative action; and
Written communications that are part of a two-way electronic communication with a legislator, legislative employee, or public official for the purpose of influencing legislative or administrative action; Such communications include e-mail, telecommunications relay service (TRS), and text messages [A.A.C. §50.590(5)(A), (B)].

Lobbying or lobbying activity does not include:

Research, or the drafting, preparation, or adaptation of documents for use by another person who is a lobbyist [2 A.A.C. §50.590(5)(C)].

There is no statutory definition of executive official.

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 regulation 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)].

Public official or public officer 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); A.S. §39.50.200(9)].

Influencing legislative or administrative action is 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)].

Communicate directly is 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)].

Domestic partner is a person who is cohabiting with another person in a relationship that is like a marriage but that is not a legal marriage [A.S. §39.50.200(a)(4)].

Immediate family includes the spouse and dependent children of an individual [A.S. §24.45.171(7)].

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(14); A.S. §01.10.060].

Contributions include the purchase, payment, promise or obligation to pay, loan or loan guarantee, deposit or gift of money, goods, or services for which charge is ordinarily made and that is made for the purpose of influencing the nomination or election of a candidate, for the purpose of influencing a ballot proposition or question, or for the purpose supporting or opposing an initiative application, including the payment by a person other than a candidate or political party, or compensation for the personal services of another person, that are rendered to the candidate or political party [A.S. §15.13.400(4)(A)].

Contributions do not include:

Services provided without compensation by individuals volunteering a portion or all of their time on behalf of a political party, candidate, or ballot proposition or question;
Ordinary hospitality in a home;
Two or fewer mass mailings before each election by each political party describing the party’s slate of candidates for election, which may include photographs, biographies, and information about the party’s candidates;
The results of a poll limited to issues and not mentioning and candidate, unless the poll was requested by or designed primarily to benefit the candidate;
Any communication in the form of a newsletter from a legislator 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
The sharing of a list of contributors among political parties or candidates without charge is expressly exempt from the definition of contribution [A.S. §15.13.400(4)(B)].

Alaska — Penalties and Remedies

A person will not be considered a responsible bidder if, in the preceding three years, the person twice designated the use of an Alaska product in a bid or proposal for procurement for an agency and each time failed to use the designated Alaska product for reasons within the control of the bidder [A.S. §36.30.330(b)]. If the successful bidder fails to use the designated product for reasons within the bidder’s control, the contract payments will be reduced according to the category (Class I, four percent; Class II, six percent; or Class III, eight percent) of the product [A.S. §36.30.330(a)].

A person who makes any misrepresentation or who practices or attempts to practice a fraud at any stage of the procurement process forfeits all claims to that contract and is liable to the state for all sums paid on the claim and for a civil penalty [A.S. §36.30.687(a)].

A person who makes a misrepresentation relating to procurement to the state, through trick, scheme, or device is guilty of a class C felony and subject to debarment [A.S. §§36.30.640(6); 36.30.687(d); 36.30.930(2)].

The commissioner of the department of administration maintains a list of all persons debarred or suspended from consideration for award of contracts [A.S. §36.30.655].

Other causes for debarment or suspension include:

Conviction of a criminal offense incident to obtaining a public or private contract or subcontract, or in the performance of the contract or subcontract;
Conviction under state or federal statutes for embezzlement, theft, forgery, bribery, falsification of records, receiving stolen property, or other offenses that indicate a lack of business integrity or business honesty that currently and seriously affects responsibility as a state contractor;
Conviction or civil judgment finding a violation under state or federal antitrust statutes;
Violations of contract provisions of a character that is regarded by the commissioner to be so serious as to justify debarment action, such as:

Knowing failure without good cause to perform as provided in the contract; or
Failure to perform or unsatisfactory performance as provided in one or more contracts unless the failure to perform or unsatisfactory performance resulted from acts beyond the control of the contractor;

Violations of the ethical standards set out in law or regulation; and
Any other cause the commissioner determines to be so serious and compelling as to affect responsibility as a state contractor, including debarment by another governmental entity for cause [A.S. §36.30.640].

Debarment may last as long as three years; suspension may last as long as three months [A.S. §§36.30.635(a); 36.30.635(b)].

These prohibitions and penalties are not exclusive. Other administrative, civil, and criminal laws may apply.

Alaska — Contact Information

Vern Jones

Chief Procurement Officer

Department of Administration Division of General Services

State Office Building

Seventh Floor

333 Willoughby Street

P.O. Box 110210

Juneau, Alaska 99811-0210

(907) 465-5684

FAX (907) 465-2189

E-mail: vern.jones@alaska.gov

Internet site: http://doa.alaska.gov/dgs

Alaska Public Offices Commission

Anchorage Office:

Paul Dauphinais

Executive Director

2221 E Northern Lights

Room 128

Anchorage, Alaska 99508

(907) 276-4176

FAX (907) 276-7018

Juneau Office:

Brenda Joan Mize

Program Coordinator

240 Main Street

#500

P.O. Box 110222

Juneau, Alaska 9981

(907) 465-4864

FAX (907) 465-4832

E-mail: apoc@alaska.gov or brenda.mize@alaska.gov

Internet site: http://doa.alaska.gov/apoc/home.html

Rueben A. Yerkes

Paralegal I

240 Main Street

#500

P.O. Box 110222

Juneau, Alaska 9981

(907) 465-4864

FAX (907) 465-4832

E-mail: apoc@alaska.gov or reuben.yerkes@alaska.gov

Internet site: http://doa.alaska.gov/apoc/home.html