Alaska § 24.45.171 - Definitions.

§ 24.45.171. Definitions.

In this chapter,        (1) “administrative action” means 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 AS 44.62 (Administrative Procedure Act); “administrative action” does not include             (A) a proceeding or an action to determine the rights or duties of a person under existing statutes, regulations, or policies;

 (B) 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;

 (C) the enforcement of compliance with existing law or the imposition of sanctions for a violation of existing law;

 (D) procurement activity, including the purchase or sale of property, goods, or services by the agency or the award of a grant contract;

 (E) the issuance of, or ensuring compliance with, an opinion or activity related to a collective bargaining agreement including negotiating or enforcing the agreement;

 (2) “agency” means a state department, division, commission, board, office, bureau, institution, corporation, authority, organization, committee, council or board in the executive branch, or independent of the executive branch, of state government;

 (3) “commission” means the Alaska Public Offices Commission;

 (4) “communicate directly” means to speak with a legislator, legislative employee, or public official             (A) by telephone;

 (B) by two-way electronic communication; or

 (C) in person;

 (5) “domestic partner” has the meaning given in AS 39.50.200 (a);

 (6) “gift”             (A) means any payment to the extent that consideration of equal or greater value is not received;

 (B) includes but is not limited to                  (i) a loan, loan guarantee, forgiveness of a loan, payment of a loan by a third party, or an enforceable promise to make a payment except when full and adequate consideration is received;

 (ii) the purchase of tickets for travel or for entertainment events; and

 (iii) the granting of discounts or rebates for goods or services not extended to the public generally;

 (C) does not include                  (i) informational or promotional materials, including but not limited to books, reports, pamphlets, calendars, or periodicals; however, payments for travel or reimbursement for expenses may not be considered “informational material”;

 (ii) food and beverages consumed in places of public accommodation;

 (7) “immediate family” means the spouse and dependent children of an individual;

 (8) “individual” means a natural person;

 (9) “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 with respect to any legislative or administrative action;

 (10) “legislative action” means the preparation, research, drafting, introduction, consideration, modification, amendment, approval, passage, enactment, defeat, or rejection of any bill, resolution, amendment, motion, report, nomination, appointment, or other matter by the legislature, or by a standing, interim, or special committee of the legislature, or by a member or employee of the legislature acting in an official capacity; it includes, but is not limited to, the action of the governor in approving or vetoing a bill or the action of the legislature in considering, overriding, or sustaining that veto and the action of the legislature in considering, confirming, or rejecting an executive appointment of the governor;

 (11) “lobbyist” means a person who             (A) 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

 (B) represents oneself as engaging in the influencing of legislative or administrative action as a business, occupation, or profession;

 (12) “payment” means the disbursement, distribution, transfer, loan, advance, deposit, gift, or other rendering or tendering of money, property, goods, or services or anything else of value;

 (13) “payment to influence legislative or administrative action” means any of the following:             (A) a direct or indirect payment to a lobbyist whether for salary, fee, compensation for expenses, or any other purpose, by a person employing, retaining, or contracting for the services of the lobbyist separately or jointly with other persons;

 (B) a payment in support of or assistance to a lobbyist or the lobbyist's activities, including but not limited to the direct payment of expenses incurred at the request or suggestion of the lobbyist;

 (C) a payment that directly benefits a public official or a member of the immediate family of that official;

 (D) a payment, including compensation, payment, or reimbursement for the services, time, or expenses of an employee for or in connection with direct communication with a public official;

 (E) a payment for or in connection with soliciting or urging other persons to enter into direct communication with a public official;

 (F) a payment or reimbursement for expenses in the categories set out in AS 24.45.051 (a)(2);

 (14) “person”, in addition to the terms set out in AS 01.10.060 includes a labor union; and

 (15) “public official” or “public officer” means a public official as defined in AS 39.50.200 (a), a member of the legislature, or a legislative director as defined in AS 24.60.990 (a); however, it does not include a judicial officer or an elected or appointed municipal officer.