Alaska Gift Statutes

Gift Made with Intent to Influence

(a) A public officer may not solicit, accept, or receive, directly or indirectly, a gift, whether in the form of money, service, loan, travel, entertainment, hospitality, employment, promise, or in any other form, that is a benefit to the officer’s personal or financial interests, under circumstances in which it could reasonably be inferred that the gift is intended to influence the performance of official duties, actions, or judgment. A gift from a person require ed to register as a lobbyist under AS 24.45.041 to a public officer or a public officer’s immediate family member is presumed to be intended to influence the performance of official duties, actions, or judgment unless the giver is an immediate family member of the person receiving the gift.

(b) Notice of the receipt by a public officer of a gift with a value in excess of $150, including the name of the giver and a description of the gift and its approximate value, must be provided to the designated supervisor within 30 days after the date of its receipt

if the public officer may take or withhold official action that affects the giver; or
if the gift is connected to the public officer’s governmental status.

(c) In accordance with AS 39.52.240, a designated supervisor may request guidance from the attorney general concerning whether acceptance of a particular gift is prohibited.

(d) The restrictions relating to gifts imposed by this section do not apply to a campaign contribution to a candidate for elective office if the contribution complies with laws and regulations governing elections and campaign disclosure.

(e) A public officer who, on behalf of the state, accepts a gift from another government or from an official of another government shall, within 60 days after its receipt, notify the Office of the Governor in writing. The Office of the Governor shall determine the appropriate disposition of the gift. In this subsection, “another government” means a foreign government or the government of the United States, another state, a municipality, or another jurisdiction.

(f) A public officer who knows or reasonably ought to know that a family member has received a gift because of the family member’s connection with the public office held by the public officer shall report the receipt of the gift by the family member to the public officer’s designated supervisor if the gift would have to be reported under this section if it had been received by the public officer or if receipt of the gift by a public officer would be prohibited under this section.

Alaska Stat. § 39.52.130.

Extra Compensation for Official Duties

§ 24.60.030. Prohibited conduct and conflicts of interest

(a) A legislator or legislative employee may not

solicit, agree to accept, or accept a benefit other than official compensation for the performance of public duties; this paragraph may not be construed to prohibit lawful solicitation for and acceptance of campaign contributions, solicitation or acceptance of contributions for a charity event, as defined in AS 24.60.080(a)(2)(B), or the acceptance of a gift under AS 24.60.075 or 24.60.080 . . . .

. . .

(e) A legislator may not directly, or by authorizing another to act on the legislator’s behalf,

agree to, threaten to, or state or imply that the legislator will take or withhold a legislative, administrative, or political action, including support for or opposition to a bill, employment, nominations, and appointments, as a result of a person’s decision to provide or not provide a political contribution, donate or not donate to a cause favored by the legislator, or provide or not provide a thing of value;
state or imply that the legislator will perform or refrain from performing a lawful constituent service as a result of a person’s decision to provide or not provide a political contribution, donate or not donate to a cause favored by the legislator, or provide or not provide a thing of value; or
unless required by the Uniform Rules of the Alaska State Legislature, take or withhold legislative action that is likely to substantially benefit or harm the financial interest of the legislator, the legislator’s spouse, or a person with whom the legislator or the legislator’s spouse is employed or is negotiating for employment.

Alaska Stat. § 24.60.030(a)(1),(e).

§ 24.60.085. Restrictions on earned income and honoraria

(a) A legislator or legislative employee may not

seek or accept compensation for personal services that is significantly greater than the value of the services rendered taking into account the higher rates generally charged by specialists in a profession; or
accept a payment of anything of value, except for actual and necessarily incurred travel expenses, for an appearance or speech by the legislator or legislative employee; this paragraph does not apply to the salary paid to a legislator or legislative employee for making an appearance or speech as part of the legislator’s or legislative employee’s normal course of employment.

(b) Notwithstanding (a) of this section, a legislator or legislative employee may accept a payment for an appearance or speech if the appearance or speech is not connected with the person’s legislative status.

(c) During the term for which elected or appointed, a legislator may not, directly or by authorizing another to act on the legislator’s behalf, accept or agree to accept compensation, except from the State of Alaska, for work associated with legislative action, administrative action, or political action. Notwithstanding AS 24.60.990, in this subsection, “administrative action” and “legislative action” have the meanings given in AS 24.45.171.

Alaska Stat. § 24.60.085.

39.52.120. Misuse of official position

A public officer may not . . . accept, receive, or solicit compensation for the performance of official duties or responsibilities from a person other than the state.

Alaska Stat. § 39.52.120(b)(2).

Gift Regardless of Giver Status

(a) Except as otherwise provided in this section, a legislator or legislative employee may not

solicit, accept, or receive, directly or indirectly, a gift worth $250 or more, whether in the form of money, services, a loan, travel, entertainment, hospitality, promise, or other form, or gifts from the same person worth less than $250 that in a calendar year aggregate to $250 or more in value.

Alaska Stat. § 24.60.080(a)(1).

Gift from Lobbyist or Regulated Entity

(a) Except as otherwise provided in this section, 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
1. food or nonalcoholic beverage for immediate consumption
  1. with a value of $15 or less; or
  2. provided as part of an event that is open to all legislators or legislative employees;
2. a contribution to a charity event, tickets to a charity event, and gifts to which the tickets may entitle the bearer; however, under this subparagraph a legislator or legislative employee may not solicit, accept, or receive from the same lobbyist, an immediate family member of the lobbyist, or a person acting on behalf of the lobbyist, tickets to a charity event, gifts to which the tickets may entitle the bearer, or both, that in a calendar year aggregate to $250 or more in value; in this subparagraph, “charity event” means an event the proceeds of which go to a charitable organization with tax- free status under 26 U.S.C. 501(c)(3) and that the Alaska legislative council has approved in advance; the tickets may entitle the bearer to admission to the event, to entertainment, to food or beverages, or to other gifts or services in connection with the charity event;
3. a gift that is unconnected with the recipient’s legislative status and is from a member of the legislator’s or legislative employee’s immediate family;
4. a gift delivered on the premises of a state facility and accepted on behalf of a recognized nonpolitical charitable organization; or
5. a compassionate gift under AS 24.60.075.

Alaska Stat. § 24.60.080(a)(2).

Definitions and Exceptions

Gift Defined

“[G]ift”

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

(B) includes but is not limited to

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;
the purchase of tickets for travel or for entertainment events; and
the granting of discounts or rebates for goods or services not extended to the public generally;

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”;
food and beverages consumed in places of public accommodation.

Alaska Stat. § 24.45.171(6).

The rules for gifts to legislators have the following exceptions and disclosure requirements:

Exceptions

(c) Notwithstanding (a)(1) of this section, it is not a violation of this section for a person who is a legislator or legislative employee to accept

hospitality, other than hospitality described in (4) of this subsection,
1. with incidental transportation at the residence of a person; however, a vacation home located outside the state is not considered a residence for the purposes of this subparagraph; or
at a social event or meal;
discounts that are available
1. generally to the public or to a large class of persons to which the person belongs; or
2. when on official state business, but only 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;
travel and hospitality primarily for the purpose of obtaining information on matters of legislative concern;
1. gifts from the immediate family of the person; in this paragraph, “immediate family” means
  1. the spouse of the person;
  2. the person’s domestic partner;
  3. a child, including a stepchild and an adopted child, of the person or of the person’s domestic partner;
  4. a parent, sibling, grandparent, aunt, or uncle of the person;
  5. a parent, sibling, grandparent, aunt, or uncle of the person’s spouse or the person’s domestic partner; and
  6. a stepparent, stepsister, stepbrother, step-grandparent, step-aunt, or step-uncle of the person, the person’s spouse, or the person’s domestic partner;
gifts that are not connected with the recipient’s legislative status;
a discount for all or part of a legislative session, including time immediately preceding or following the session, or other gift to welcome a legislator or legislative employee who is employed on the personal staff of a legislator or by a standing or special committee to the capital city or in recognition of the beginning of a legislative session if the gift or discount is available generally to all legislators and the personal staff of legislators and staff of standing and special committees; this paragraph does not apply to legislative employees who are employed by the Legislative Affairs Agency, the office of the chief clerk, the office of the senate secretary, the legislative budget and audit committee, the office of victims’ rights, or the office of the ombudsman;
a gift of legal services in a matter of legislative concern and a gift of other services related to the provision of legal services in a matter of legislative concern;
a gift of transportation from a legislator or a legislative employee to a legislator or a legislative employee if the transportation takes place in the state on or in an aircraft, boat, motor vehicle, or other means of transport owned or under the control of the donor; this paragraph does not apply to travel described in (4) of this subsection or travel for political campaign purposes; or
a contribution to a charity event, a ticket to a charity event, or a gift in connection with a charity event; in this paragraph, “charity event” has the meaning given in (a)(2)(B) of this section.

Disclosure Requirements

(d) A legislator or legislative employee who accepts a gift under (c)(4) of this section that has a value of $250 or more or a ticket to a charity event or gift in connection with a charity event under (c)(10) of this section that has a value of $250 or more shall disclose to the committee, within 60 days after receipt of the gift, the name and occupation of the donor and the approximate value of the gift. A legislator or legislative employee who accepts a gift under (c)(8) of this section that the recipient expects will have a value of $250 or more in the calendar year shall disclose to the committee, within 30 days after receipt of the gift, the name and occupation of the donor, a general description of the matter of legislative concern with respect to which the gift is made, and the approximate value of the gift. The committee shall maintain a public record of the disclosures it receives relating to gifts under (c)(4), (c)(8), (c)(10), and (i) of this section and shall forward the disclosures to the appropriate house for inclusion in the journal. The committee shall forward to the Alaska Public Offices Commission copies of the disclosures concerning gifts under (c)(4), (c)(8), (c)(10), and (i) of this section that it receives from legislators and legislative directors. A legislator or legislative employee who accepts a gift under (c)(6) of this section that has a value of $250 or more shall, within 30 days after receiving the gift, disclose to the committee the name and occupation of the donor and a description of the gift. The committee shall maintain disclosures relating to gifts under (c)(6) of this section as confidential records and may only use, or permit a committee employee or contractor to use, a disclosure under (c)(6) of this section in the investigation of a possible violation of this section or in a proceeding under AS 24.60.170. If the disclosure under (c)(6) of this section becomes part of the record of a proceeding under AS 24.60.170, the confidentiality provisions of that section apply to the disclosure.

(e) A political contribution is not a gift under this section if it is reported under AS 15.13.040 or is exempt from the reporting requirement under AS 15.13.040(g). The use of a bulk mailing permit owned by a legislator’s campaign committee or used in a legislator’s election campaign is not a gift to that legislator under this section.

(f) Notwithstanding (a) of this section, a legislator or legislative employee may accept a gift of property worth $250 or more, other than money, from another government or from an official of another government if the person accepts the gift on behalf of the legislature. The person shall, within 60 days after receiving the gift, deliver the gift to the legislative council, which shall determine the appropriate disposition of the gift. In this subsection, “another government” means a foreign government or the government of the United States, another state, a municipality, or another jurisdiction.

(g) Notwithstanding (a) of this section, a legislator or legislative employee may solicit, accept, or receive a gift on behalf of a recognized, nonpolitical charitable organization.

(h) A legislator, a legislative committee other than the Select Committee on Legislative Ethics, or a legislative agency may accept a gift of (1) volunteer services for legislative purposes so long as the person making the gift of services is not receiving compensation from another source for the services, or (2) the services of a legislative intern who is participating in an educational program approved by the committee if the services are used for legislative purposes. The committee shall approve training under a program of the University of Alaska and training under 29 U.S.C. 2801 — 2945 (Workforce Investment Act of 1998).

(i) A legislator or legislative employee who knows or reasonably should know that an immediate family member has received a gift because of the family member’s connection with the legislator or legislative employee shall disclose for publication under (d) of this section the receipt of the gift by the family member to the committee if the gift would have to be disclosed under this section if it had been received by the legislator or legislative employee. If receipt of the gift by a person who is a legislator or legislative employee would be prohibited under this section, a member of the person’s immediate family may not receive the gift.

(j) In this section, the value of a gift shall be determined by the fair market value of the gift to the extent that the fair market value can be determined.

(k) [Repealed, § 74 ch 47 SLA 2007.]

Alaska Stat. § 24.60.080(c)-(k).

Compassionate Gift Exemption –

(a) Notwithstanding AS 24.45.121 and AS 24.60.080, a person may give a compassionate gift to a legislator or legislative employee, and a legislator or a legislative employee may solicit, receive, or accept a compassionate gift from a person, subject to the limitations in (b)—(e) of this section.

(b) A compassionate gift may not be solicited, accepted, or received 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 of the legislative council.

(c) A legislator or legislative employee who receives a compassionate gift, directly or indirectly, shall disclose to the committee the name of the gift’s source and the value of the gift within 30 days after receipt.

(d) In this section, the value of a gift shall be determined by the fair market value of the gift, to the extent that the fair market value can be determined.

(e) In this section, “compassionate gift” means a solicited or unsolicited 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.

Alaska Stat. § 24.60.075(a)-(e).

Notes/Resources

Resource(s)

Code of Judicial Conduct

Alaska Ethics Handbook for Legislators (Revised 2/12/2021)

Ethics Information for Public Employees (as 39.52) Webpage

Location of Ethics Disclosure Forms – including Notification of Receipt of Gift

Learn more about state gift laws