HCS CSSB 191(FIN): "An Act relating to election campaigns, election campaign financing, the oversight and regulation of election campaigns, the activities of lobbyists that relate to election campaigns, the definitions of offenses of campaign misconduct, and to the use of the net proceeds of charitable gaming activities in election campaigns; and providing for an effective date."
00HOUSE CS FOR CS FOR SENATE BILL NO. 191(FIN) 01 "An Act relating to election campaigns, election campaign financing, the 02 oversight and regulation of election campaigns, the activities of lobbyists that 03 relate to election campaigns, the definitions of offenses of campaign misconduct, 04 and to the use of the net proceeds of charitable gaming activities in election 05 campaigns; and providing for an effective date." 06 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 07 * Section 1. FINDINGS AND PURPOSE. (a) The legislature finds that, under existing 08 laws, 09 (1) campaigns for elective public office last too long, are often uninformative, 10 and are too expensive; 11 (2) highly qualified citizens are dissuaded from running for public office due 12 to the high cost of election campaigns; 13 (3) organized special interests are responsible for raising a significant portion 14 of all election campaign funds and may thereby gain an undue influence over election
01 campaigns and elected officials, particularly incumbents; 02 (4) incumbents enjoy a distinct advantage in raising money for election 03 campaigns, and many elected officials raise and carry forward huge surpluses from one 04 campaign to the next, to the disadvantage of challengers; 05 (5) because, under existing laws, candidates are completely free to convert 06 campaign funds to personal income, there is great potential for bribery and political 07 corruption; and 08 (6) penalties for violations of the existing campaign finance laws are far too 09 lenient to deter misconduct. 10 (b) It is the purpose of this Act to substantially revise Alaska's election campaign 11 finance laws in order to restore the public's trust in the electoral process and to foster good 12 government. 13 * Sec. 2. AS 05.15.150(a) is amended to read: 14 (a) The authority to conduct the activity authorized by this chapter is 15 contingent upon the dedication of the net proceeds of the charitable gaming activity 16 to the awarding of prizes to contestants or participants and to political, educational, 17 civic, public, charitable, patriotic, or religious uses in the state. "Political, educational, 18 civic, public, charitable, patriotic, or religious uses" means uses benefiting persons 19 either by bringing them under the influence of education or religion or relieving them 20 from disease, suffering, or constraint, or by assisting them in establishing themselves 21 in life, or by providing for the promotion of the welfare and well-being of the 22 membership of the organization within their own community, or through aiding 23 candidates for public office or groups that support candidates for public office, or by 24 erecting or maintaining public buildings or works, or lessening the burden on 25 government, but does not include 26 (1) the direct or indirect payment of any portion of the net proceeds of 27 a bingo or pull-tab game to a lobbyist registered under AS 24.45; [OR] 28 (2) the erection, acquisition, improvement, maintenance, or repair of 29 real, personal, or mixed property unless it is used exclusively for one or more of the 30 permitted uses; or 31 (3) the direct or indirect payment of any portion of the net
01 proceeds of a charitable gaming activity, except the proceeds of a raffle and 02 lottery, 03 (A) to aid candidates for public office or groups that 04 support or oppose candidates for public office; 05 (B) to a political party or to an organization affiliated with 06 a political party; or 07 (C) to a group, as that term is defined in AS 15.13.400, or 08 a political group, as that term is defined in AS 15.60, that seeks to 09 influence the outcome of an election. 10 * Sec. 3. AS 15.13.010(a) is amended to read: 11 (a) This chapter applies 12 (1) in every election for governor, lieutenant governor, a member of the 13 state legislature, a delegate to a constitutional convention, or judge seeking electoral 14 confirmation; 15 (2) [. IT ALSO APPLIES] to every candidate for election to a 16 municipal office in a municipality with a population of more than 1,000 inhabitants 17 according to the latest United States census figures or estimates of population certified 18 as correct for administrative purposes by the Department of Community and Regional 19 Affairs unless the municipality has exempted itself from the provisions of this 20 chapter; a [. A] municipality may exempt its elected municipal officers from the 21 requirements of this chapter if a majority of the voters voting on the question at a 22 regular election, as defined by AS 29.71.800(20), or a special municipality-wide 23 election called for that purpose, votes [VOTE] to exempt its elected municipal officers 24 from the requirements of this chapter; the [. THE] question of exemption from the 25 requirements of this chapter may be submitted by the governing body by ordinance or 26 by initiative election. [THIS CHAPTER DOES NOT PROHIBIT A MUNICIPALITY 27 FROM REGULATING BY ORDINANCE CAMPAIGN CONTRIBUTIONS AND 28 EXPENDITURES.] 29 * Sec. 4. AS 15.13.010 is amended by adding new subsections to read: 30 (c) This chapter does not prohibit a municipality from regulating by ordinance 31 election campaign contributions and expenditures in municipal elections, or from
01 regulating those campaign contributions and expenditures more strictly than provided 02 in this chapter. 03 (d) This chapter does not limit the authority of a person to make contributions 04 to influence the outcome of a voter proposition submitted to the public for a vote at 05 a municipal election. In this subsection, in addition to its meaning under 06 AS 15.13.065(c), "proposition" means a municipal reclassification, proposal to adopt 07 or amend a home rule charter, a unification proposal, a boundary change proposal, or 08 the approval of an ordinance when approval by public vote is a requirement for the 09 ordinance. 10 * Sec. 5. AS 15.13.040(a) is amended to read: 11 (a) Except as provided in (g) of this section, each [EACH] candidate shall 12 make a full report, upon a form prescribed by the commission, listing the date and 13 amount of all expenditures made by the candidate, the total amount of all 14 contributions, including all funds contributed by the candidate, and for all contributions 15 in excess of $100 in the aggregate a year, the name, address, principal occupation, and 16 employer of the contributor and the date and amount contributed by each contributor. 17 The report shall be filed in accordance with AS 15.13.110 and shall be certified correct 18 by the candidate or campaign treasurer. 19 * Sec. 6. AS 15.13.040(d) is amended to read: 20 (d) Every individual, person, or group making a contribution or expenditure 21 shall make a full report, upon a form prescribed by the commission, of the following 22 contributions or expenditures: 23 (1) any contribution of cash, goods, or services valued at more than 24 $250 a year to any group or candidate; or 25 (2) unless exempted from reporting by (h) of this section, any 26 expenditure whatsoever for advertising in newspapers or other periodicals, on radio, 27 or on television; or, for the publication, distribution, or circulation of brochures, flyers, 28 or other campaign material for any candidate or ballot proposition or question. 29 * Sec. 7. AS 15.13.040 is amended by adding new subsections to read: 30 (g) The provisions of (a) of this section do not apply if a candidate 31 (1) indicates, on a form prescribed by the commission, an intent not to
01 raise and not to expend more than $2,500 in seeking election to office, including both 02 the primary and general elections; 03 (2) accepts contributions totaling not more than $2,500 in seeking 04 election to office, including both the primary and general elections; and 05 (3) makes expenditures totaling not more than $2,500 in seeking 06 election to office, including both the primary and general elections. 07 (h) The provisions of (d)(2) of this section do not apply to one or more 08 expenditures made by an individual acting independently of any group and 09 independently of any other individual if the expenditures 10 (1) cumulatively do not exceed $250 during a calendar year; and 11 (2) are made only for billboards, signs, or printed material concerning 12 a ballot proposition as that term is defined by AS 15.13.065(c). 13 * Sec. 8. AS 15.13.050 is amended to read: 14 Sec. 15.13.050. REGISTRATION BEFORE EXPENDITURE [GROUPS]. 15 (a) Before [EACH GROUP, BEFORE] making an expenditure in support [ON 16 BEHALF] of [,] or in opposition to [,] a candidate or before making an expenditure 17 in support of or in opposition to a ballot proposition or question, each person 18 other than an individual [A CONTRIBUTION TO A CANDIDATE] shall register, 19 on forms provided by the commission, with the commission. 20 (b) If a [THE] group intends to support [OR OPPOSE] only one candidate, or 21 to contribute to or expend on behalf of [, OR IN OPPOSITION TO,] one candidate 22 33 1/3  percent or more of its funds, the name of the candidate shall be a part of 23 the name of the group. If the group intends to oppose only one candidate, or to 24 contribute its funds in opposition to or make expenditures in opposition to a 25 candidate, the name of the candidate whom the group opposes may not appear 26 as a part of the name of the group. Promptly upon receiving the registration, the 27 commission shall notify the candidate of the group's organization and intent. 28 * Sec. 9. AS 15.13 is amended by adding new sections to read: 29 Sec. 15.13.065. CONTRIBUTIONS. (a) Individuals, groups, and political 30 parties may make contributions to a candidate. An individual or group may make a 31 contribution to a group or to a political party.
01 (b) A political party may contribute to a subordinate unit of the political party, 02 and a subordinate unit of a political party may contribute to the political party of 03 which it is a subordinate unit. 04 (c) Except for reports required by AS 15.13.040 and 15.13.110 and except for 05 the requirements of AS 15.13.050, 15.13.060, and 15.13.112 - 15.13.114, the provisions 06 of AS 15.13.010 - 15.13.116 do not apply to limit the authority of a person to make 07 contributions to influence the outcome of a ballot proposition. In this subsection, in 08 addition to its meaning in AS 15.60.010, "proposition" includes an issue placed on a 09 ballot to determine whether 10 (1) a constitutional convention shall be called; 11 (2) a debt shall be contracted; 12 (3) an advisory question shall be approved or rejected; or 13 (4) a municipality shall be incorporated. 14 Sec. 15.13.067. WHO MAY MAKE EXPENDITURES. Only the following 15 may make an expenditure in an election for candidates for elective office: 16 (1) the candidate; 17 (2) an individual; and 18 (3) a group that has registered under AS 15.13.050. 19 * Sec. 10. AS 15.13.070 is repealed and reenacted to read: 20 Sec. 15.13.070. LIMITATIONS ON AMOUNT OF POLITICAL 21 CONTRIBUTIONS. (a) An individual or group may make contributions, subject only 22 to the limitations of this chapter and AS 24.45, including the limitations on the 23 maximum amounts set out in this section. 24 (b) An individual may contribute not more than 25 (1) $500 per year to a candidate, to an individual who conducts a write- 26 in campaign as a candidate, or to a group that is not a political party; 27 (2) $5,000 per year to a political party. 28 (c) A group that is not a political party may contribute not more than $1,000 29 per year 30 (1) to a candidate, or to an individual who conducts a write-in 31 campaign as a candidate; or
01 (2) to another group or to a political party. 02 (d) A political party may contribute to a candidate, or to an individual who 03 conducts a write-in campaign, for the following offices an amount not to exceed 04 (1) $100,000 per year, if the election is for governor or lieutenant 05 governor; 06 (2) $15,000 per year, if the election is for the state senate; 07 (3) $10,000 per year, if the election is for the state house of 08 representatives; and 09 (4) $5,000 per year, if the election is for 10 (A) delegate to a constitutional convention; 11 (B) judge seeking retention; or 12 (C) municipal office. 13 * Sec. 11. AS 15.13 is amended by adding new sections to read: 14 Sec. 15.13.072. RESTRICTIONS ON SOLICITATION AND ACCEPTANCE 15 OF CONTRIBUTIONS. (a) A candidate or an individual who has filed with the 16 commission the document necessary to permit that individual to incur election-related 17 expenses under AS 15.13.100 may not solicit or accept a contribution from 18 (1) a person not authorized by law to make a contribution; 19 (2) an individual who is not a resident of the state at the time the 20 contribution is made, except as provided in (e) of this section; 21 (3) a group organized under the laws of another state, resident in 22 another state, or whose participants are not residents of this state at the time the 23 contribution is made; or 24 (4) a person registered as a lobbyist if the contribution violates 25 AS 15.13.074(g) or AS 24.45.121(a)(8). 26 (b) A candidate or an individual who has filed with the commission the 27 document necessary to permit the individual to incur election-related expenses under 28 AS 15.13.100, or a group, may not solicit or accept a cash contribution that exceeds 29 $100. 30 (c) An individual, or one acting directly or indirectly on behalf of that 31 individual, may not solicit or accept a contribution
01 (1) before the date for which contributions may be made as determined 02 under AS 15.13.074(c); or 03 (2) later than the day after which contributions may not be made as 04 determined under AS 15.13.074(c). 05 (d) A candidate or an individual who has filed with the commission the 06 document necessary to permit that individual to incur election-related expenses under 07 AS 15.13.100 may not solicit or accept a contribution if the legislature is convened in 08 a regular or special legislative session, and the candidate or individual is a member of 09 the legislature, or employed as a member of the legislator's staff or as a member of 10 the staff of a legislative committee. 11 (e) A candidate or an individual who has filed with the commission the 12 document necessary to permit that individual to incur election-related expenses under 13 AS 15.13.100 may solicit or accept contributions from an individual who is not a 14 resident of the state at the time the contribution is made if the amounts contributed by 15 individuals who are not residents do not exceed 16 (1) $20,000, if the candidate or individual is seeking the office of 17 governor or lieutenant governor; 18 (2) $5,000, if the candidate or individual is seeking the office of state 19 senator; 20 (3) $3,000, if the candidate or individual is seeking the office of state 21 representative or municipal or other office. 22 (f) A group or political party may solicit or accept contributions from an 23 individual who is not a resident of the state at the time the contribution is made, but 24 the amounts accepted from individuals who are not residents may not exceed 10 25 percent of total contributions made to the group or political party during the calendar 26 or group year in which the contributions are received. 27 Sec. 15.13.074. PROHIBITED CONTRIBUTIONS. (a) A person or group 28 may not make a contribution if the making of the contribution would violate this 29 chapter. 30 (b) A person or group may not make a contribution anonymously, using a 31 fictitious name, or using the name of another.
01 (c) A person or group may not make a contribution 02 (1) to a candidate for governor or lieutenant governor or an individual 03 who files with the commission the document necessary to permit that individual to 04 incur certain election-related expenses as authorized by AS 15.13.100 for governor or 05 lieutenant governor, when the office is to be filled at a general election, before the 06 later of the following dates: 07 (A) the date the individual 08 (i) becomes a candidate; or 09 (ii) files with the commission the document necessary 10 to permit the individual to incur certain election-related expenses as 11 authorized by AS 15.13.100; or 12 (B) January 1 of the year of the general election; 13 (2) to a candidate for the state legislature or an individual who files 14 with the commission the document necessary to permit that individual to incur certain 15 election-related expenses as authorized by AS 15.13.100 for the state legislature, when 16 the office is to be filled at a general election, while the legislature is convened in its 17 regular legislative session and before the later of the following dates: 18 (A) the date the individual 19 (i) becomes a candidate; or 20 (ii) files with the commission the document necessary 21 to permit the individual to incur certain election-related expenses as 22 authorized by AS 15.13.100; or 23 (B) January 1 of the year of the general election; 24 (3) to a candidate or an individual who files with the commission the 25 document necessary to permit that individual to incur certain election-related expenses 26 as authorized by AS 15.13.100 for an office that is to be filled at a special election or 27 municipal election before the later of the following dates: 28 (A) the date the individual 29 (i) becomes a candidate; or 30 (ii) files with the commission the document necessary 31 to permit that individual to incur certain election-related expenses as
01 authorized by AS 15.13.100; 02 (B) is nine months before the date of the general or regular 03 municipal election or that is before the date of the proclamation of the special 04 election at which the candidate or individual seeks election to public office; or 05 (4) to any candidate later than the 45th day 06 (A) after the date of a primary election if the candidate 07 (i) has been nominated at the primary election or is 08 running as a write-in candidate; and 09 (ii) is not opposed at the general election; 10 (B) after the date of the primary election if the candidate was 11 not nominated at the primary election; or 12 (C) after the date of the general election, or after the date of a 13 municipal or municipal runoff election, if the candidate was opposed at the 14 general, municipal, or municipal runoff election. 15 (d) A person or group may not make a contribution to a candidate or a person 16 or group who is prohibited by AS 15.13.072(c) from accepting it. 17 (e) A person or group may not make a cash contribution that exceeds $100. 18 (f) A corporation, company, partnership, firm, association, organization, 19 business trust or surety, labor union, or publicly funded entity that does not satisfy the 20 definition of group in AS 15.13.400 may not make a contribution to a candidate or 21 group. 22 (g) An individual required to register as a lobbyist under AS 24.45 may not 23 make a contribution to a candidate for the legislature at any time the individual is 24 subject to the registration requirement under AS 24.45 and for one year after the date 25 of the individual's initial registration or its renewal. However, the individual may 26 make a contribution under this section to a candidate for the legislature in a district in 27 which the individual is eligible to vote or will be eligible to vote on the date of the 28 election. An individual who is subject to the restrictions of this subsection shall report 29 to the commission, on a form provided by the commission, each contribution made 30 while required to register as a lobbyist under AS 24.45. This subsection does not 31 apply to a representational lobbyist as defined in regulations of the commission.
01 (h) Notwithstanding AS 15.13.070, a candidate for governor or lieutenant 02 governor and a group that is not a political party and that, under the definition of the 03 term "group," is presumed to be controlled by a candidate for governor or lieutenant 04 governor, may not make a contribution to a candidate for another office, to a person 05 who conducts a write-in campaign as a candidate for other office, or to another group 06 of amounts received by that candidate or controlled group as contributions between 07 January 1 and the date of the general election of the year of a general election for an 08 election for governor and lieutenant governor. This subsection does not prohibit 09 (1) the group described in this subsection from making contributions 10 to the candidates for governor and lieutenant governor whom the group supports; or 11 (2) the governor or lieutenant governor, or the group described in this 12 subsection, from making contributions under AS 15.13.116(a)(3)(A). 13 Sec. 15.13.076. AUTHORIZED RECIPIENTS OF CONTRIBUTIONS. A 14 contribution to a 15 (1) candidate may be received only by 16 (A) the candidate; or 17 (B) the candidate's campaign treasurer or a deputy campaign 18 treasurer; 19 (2) group may be received only by the group's campaign treasurer or a 20 deputy treasurer. 21 Sec. 15.13.078. CONTRIBUTIONS AND LOANS FROM THE CANDIDATE. 22 (a) The provisions of this chapter do not prohibit the individual who is a candidate from 23 giving any amount of the candidate's own money or other thing of value to the campaign 24 of the candidate. Donations made by the candidate to the candidate's own campaign 25 shall be reported as contributions in accordance with AS 15.13.040 and 15.13.110. 26 (b) The provisions of this chapter do not prohibit the individual who is a 27 candidate from lending any amount to the campaign of the candidate. Loans made by 28 the candidate shall be reported as contributions in accordance with AS 15.13.040 and 29 15.13.110. However, the candidate may not 30 (1) recover, under this section and AS 15.13.116(a)(5), the amount of a 31 loan made by the candidate to the candidate's own campaign that exceeds
01 (A) $25,000, if the candidate ran for governor or lieutenant 02 governor; 03 (B) $10,000, if the candidate ran for 04 (i) the legislature; or 05 (ii) delegate to a constitutional convention; 06 (C) $10,000, if the candidate was a judge seeking retention; 07 (D) $5,000, if the candidate ran in a municipal election; or 08 (2) repay a loan that the candidate has made to the candidate's own 09 campaign unless, within five days of making the loan, the candidate notifies the 10 commission, on a form provided by the commission, of the candidate's intention to repay 11 the loan under AS 15.13.116(a)(5). 12 (c) On and after the date determined under AS 15.13.110 as the last day of the 13 period ending three days before the due date of the report required to be filed under 14 AS 15.13.110(a)(1) and until the date of the election for which the report is filed, a 15 candidate may not give or loan to the candidate's campaign the candidate's money or 16 other thing of value of the candidate in an amount that exceeds $5,000. 17 (d) The provisions of this section apply only to the individual who is a 18 candidate, as that term is defined by AS 15.13.400(1)(A), and do not apply to authorize 19 a contribution or loan under this section by an individual described in the definition of 20 the term "candidate" under AS 15.13.400(1)(B). 21 * Sec. 12. AS 15.13.074(c) is repealed and reenacted to read: 22 (c) A person or group may not make a contribution 23 (1) to a candidate or an individual who files with the commission the 24 document necessary to permit that individual to incur certain election-related expenses 25 as authorized by AS 15.13.100 when the office is to be filled at a general election 26 before the date that is 18 months before the general election; 27 (2) to a candidate or an individual who files with the commission the 28 document necessary to permit that individual to incur certain election-related expenses 29 as authorized by AS 15.13.100 for an office that is to be filled at a special election or 30 municipal election before the date that is 18 months before the date of the regular 31 municipal election or that is before the date of the proclamation of the special election
01 at which the candidate or individual seeks election to public office; or 02 (3) to any candidate later than the 45th day 03 (A) after the date of a primary election if the candidate 04 (i) has been nominated at the primary election or is 05 running as a write-in candidate; and 06 (ii) is not opposed at the general election; 07 (B) after the date of the primary election if the candidate was 08 not nominated at the primary election; or 09 (C) after the date of the general election, or after the date of a 10 municipal or municipal runoff election, if the candidate was opposed at the 11 general, municipal, or municipal runoff election. 12 * Sec. 13. AS 15.13.080 is amended to read: 13 Sec. 15.13.080. STATEMENT BY CONTRIBUTOR. (a) Each of the 14 following shall file statements as required by this section: 15 (1) an individual who contributes to a candidate 16 (A) more than [A PERSON OR GROUP CONTRIBUTING TO 17 A CANDIDATE OVER] $250; or 18 (B) [CONTRIBUTING] goods or services [TO A CANDIDATE] 19 with a value of more than $250; 20 (2) an individual who, during the period between the 90th day before 21 an election and the date of the election, contributes to more than one group and 22 whose aggregate contributions to all groups, in money or in the value of goods and 23 services, or both, exceed $1,000 per year [TO INFLUENCE THE ELECTION OF A 24 CANDIDATE SHALL FURNISH THE COMMISSION A SIGNED STATEMENT, ON 25 A FORM MADE AVAILABLE BY THE COMMISSION]. 26 (b) An individual required to file a contributor's statement under (a) of this 27 section shall file on a form made available by the commission. The statement must 28 (1) identify the contributor and the candidate and all groups 29 receiving contributions; 30 (2) [SHALL] itemize the contributions and goods; and 31 (3) state that the contributor is not [A PERSON OR GROUP] prohibited
01 by law from contributing and that the contribution consists of funds or property 02 belonging to the contributor and has not been given or furnished by another person or 03 group. 04 (c) The contributor's statement shall be filed with the commission by the 05 contributor no later than 10 days after the contribution is made. [A COPY OF THE 06 STATEMENT SHALL BE FURNISHED THE CANDIDATE, CAMPAIGN 07 TREASURER, OR DEPUTY CAMPAIGN TREASURER AT THE TIME THE 08 CONTRIBUTION IS MADE.] 09 * Sec. 14. AS 15.13 is amended by adding new sections to read: 10 Sec. 15.13.082. LIMITATIONS ON EXPENDITURES. (a) A candidate or 11 group may not make an expenditure in cash that exceeds $100 unless the candidate, or 12 the campaign treasurer or deputy campaign treasurer, obtains a written receipt from the 13 person to whom the expenditure is made. 14 (b) A candidate or group may not make an expenditure unless the source of the 15 expenditure has been disclosed as required by this chapter. 16 (c) If a candidate receives a contribution in the form of cash, check, money 17 order, or other negotiable instrument and is subject to being reported to the commission 18 under this chapter, the candidate may neither expend the contribution nor, in the case of 19 a negotiable instrument, convert it to cash unless the candidate, campaign treasurer, or 20 deputy campaign treasurer first records the following information for disclosure to the 21 commission: 22 (1) the name, address, principal occupation, and employer of the 23 contributor; and 24 (2) the date and amount of the contribution. 25 Sec. 15.13.084. PROHIBITED EXPENDITURES. A person may not make an 26 expenditure 27 (1) anonymously, unless the expenditure is 28 (A) paid for by an individual acting independently of any group 29 and independently of any other individual; 30 (B) made to influence the outcome of a ballot proposition as that 31 term is defined by AS 15.13.065(c); and
01 (C) made for 02 (i) a billboard or sign; or 03 (ii) printed material, other than an advertisement made in 04 a newspaper or other periodical; 05 (2) using a fictitious name or using the name of another. 06 Sec. 15.13.086. AUTHORIZED MAKERS OF EXPENDITURES. An 07 expenditure 08 (1) authorized by or in behalf of a candidate may be made only by 09 (A) the candidate; or 10 (B) the candidate's campaign treasurer or a deputy campaign 11 treasurer; 12 (2) authorized by AS 15.13.067(3) by or in behalf of a group may be 13 made only by the group's campaign treasurer. 14 * Sec. 15. AS 15.13.090 is amended by adding a new subsection to read: 15 (b) The provisions of (a) of this section do not apply when the advertisement 16 (1) is paid for by an individual acting independently of any group and 17 independently of any other individual; 18 (2) is made to influence the outcome of a ballot proposition as that term 19 is defined by AS 15.13.065(c); and 20 (3) is made for 21 (A) a billboard or sign; or 22 (B) printed material other than an advertisement made in a 23 newspaper or other periodical. 24 * Sec. 16. AS 15.13.110(a) is amended to read: 25 (a) Each candidate and group shall make a full report in accordance with 26 AS 15.13.040 for the period ending three days before the due date of the report and 27 beginning on the last day covered by the most recent previous report. If the report is a 28 first report, it shall cover the period from the beginning of the campaign to the date three 29 days before the due date of the report. If the report is a report due February 15, it shall 30 cover the period beginning on the last day covered by the most recent previous report 31 or on the day that the campaign started, whichever is later, and ending on December 31
01 of the prior year. The report shall be filed 02 (1) 30 days before the election; however, this report is not required if the 03 deadline for filing a nominating petition or declaration of candidacy is within 30 days 04 of the election; 05 (2) one week before the election; 06 (3) 10 days after the election; and 07 (4) February 15 for expenditures made and contributions received that 08 were not reported during the previous year, including, if applicable, all amounts 09 expended from a legislative office account established under AS 15.13.116(a)(9) and 10 all amounts expended from a municipal office account under AS 15.13.116(a)(10), 11 or when expenditures were not made or contributions were not received during the 12 previous year. 13 * Sec. 17. AS 15.13.110(b) is amended to read: 14 (b) Each contribution [OR EXPENDITURE] that exceeds $250 and that is made 15 within nine days of the election shall be reported to the commission by date, amount, and 16 contributor [OR RECIPIENT] within 24 hours of receipt [OR EXPENDITURE] by the 17 candidate, group, [OR] campaign treasurer, or deputy campaign treasurer. 18 * Sec. 18. AS 15.13.110(c) is amended to read: 19 (c) [THE REPORTS OF CANDIDATES SHALL BE FILED WITH THE 20 COMMISSION'S CENTRAL OFFICE.] All reports required by this chapter shall be 21 filed with the commission's central office and shall be kept open to public inspection. 22 Within 30 days after each election, the commission shall prepare a summary of each 23 report which shall be made available to the public at cost upon request. Each summary 24 shall use uniform categories of reporting. 25 * Sec. 19. AS 15.13 is amended by adding new sections to read: 26 Sec. 15.13.112. USES OF CAMPAIGN CONTRIBUTIONS HELD BY 27 CANDIDATE OR GROUP. (a) Except as otherwise provided, campaign contributions 28 held by a candidate or group may be used only to pay the expenses of the candidate or 29 group, and the campaign expenses incurred by the candidate or group, that reasonably 30 relate to election campaign activities, and in those cases only as authorized by this 31 chapter.
01 (b) Campaign contributions held by a candidate or group may not be 02 (1) used to give a personal benefit to the candidate or to another person; 03 (2) converted to personal income of the candidate; 04 (3) loaned to a person; 05 (4) knowingly used to pay more than the fair market value for goods or 06 services purchased for the campaign; 07 (5) used to pay a criminal fine; 08 (6) used to pay civil penalties; however, campaign contributions held by 09 a candidate or group may be used to pay a civil penalty assessed under this chapter if 10 authorized by the commission or a court after it first determines that 11 (A) the candidate, campaign treasurer, and deputy campaign 12 treasurer did not cause or participate in the violation for which the civil penalty 13 is imposed and exercised a reasonable level of oversight over the campaign; and 14 (B) the candidate, campaign treasurer, and deputy campaign 15 treasurers cooperated in the revelation of the violation and in its immediate 16 correction; or 17 (7) used to make contributions to another candidate or to a group. 18 Sec. 15.13.114. DISPOSITION OF PROHIBITED CONTRIBUTIONS. (a) A 19 candidate or group that receives and accepts a contribution given in violation of 20 AS 15.13.072 or 15.13.074 shall immediately, upon discovery that the contribution is 21 prohibited, return it to the contributor. A candidate or group that receives and accepts 22 a contribution in excess of the limitation on contributions set out in AS 15.13.070 shall 23 immediately, upon discovery of the prohibited excess contribution, return the excess to 24 the contributor. If the contribution or excess amount cannot be returned in the same 25 form, the equivalent value of the contribution or excess amount shall be returned. 26 (b) An anonymous contribution is forfeited to the state unless the contributor 27 is identified within five days of its receipt. Money that forfeits to the state under this 28 subsection shall be delivered immediately to the Department of Revenue for deposit 29 in the general fund. 30 Sec. 15.13.116. DISBURSEMENT OF CAMPAIGN ASSETS AFTER 31 ELECTION. (a) A candidate who, after the date of the general, special, municipal,
01 or municipal runoff election or after the date the candidate withdraws as a candidate, 02 whichever comes first, holds unused campaign contributions shall distribute the amount 03 held within 90 days. The distribution may only be made to 04 (1) pay bills incurred for expenditures reasonably related to the 05 campaign and the winding up of the affairs of the campaign, and to pay expenditures 06 associated with post-election fund raising that may be needed to raise funds to pay off 07 campaign debts; 08 (2) pay for a victory or a thank you party costing less than $500, or to 09 give a thank you gift of a value of less than $50 to a campaign employee or volunteer; 10 (3) make donations, without condition, to 11 (A) a political party; 12 (B) the state's general fund; 13 (C) a municipality of the state; or 14 (D) the federal government; 15 (4) make donations, without condition, to organizations qualified as 16 charitable organizations under 26 U.S.C. 501(c)(3), provided the organization is not 17 controlled by the candidate or a member of the candidate's immediate family; 18 (5) repay loans from the candidate to the candidate's own campaign 19 under AS 15.13.078(b); 20 (6) repay contributions to contributors, but only if repayment of the 21 contribution is made pro rata in approximate proportion to the contributions made 22 using one of the following, as the candidate determines: 23 (A) to all contributors; 24 (B) to contributors who have contributed most recently; or 25 (C) to contributors who have made larger contributions; 26 (7) establish a fund for, and from that fund to pay, attorney fees or 27 costs incurred in the prosecution or defense of an administrative or civil judicial action 28 that directly concerns a challenge to the victory or defeat of the candidate in the 29 election; 30 (8) transfer all or a portion of the unused campaign contributions to an 31 account for a future election campaign; a transfer under this paragraph is limited to
01 (A) $50,000, if the transfer is made by a candidate for governor 02 or lieutenant governor; 03 (B) $10,000, if the transfer is made by a candidate for the state 04 senate; 05 (C) $5,000, if the transfer is made by a candidate for the state 06 house of representatives; and 07 (D) $5,000, if the transfer is made by a candidate for an office 08 not described in (A) - (C) of this paragraph; 09 (9) transfer all or a portion of the unused campaign contributions to a 10 legislative office account; a transfer under this paragraph is subject to the following: 11 (A) the authority to transfer is limited to candidates who are 12 elected to the state legislature; 13 (B) the legislative office account established under this 14 paragraph may be used only for expenses associated with the candidate's 15 serving as a member of the legislature; 16 (C) all amounts expended from the legislative office account 17 shall be annually accounted for under AS 15.13.110(a)(4); and 18 (D) a transfer under this paragraph is limited to $5,000 19 multiplied by the number of years in the term to which the candidate is elected; 20 and 21 (10) transfer all or a portion of the unused campaign contributions to 22 a municipal office account; a transfer under this paragraph is subject to the following: 23 (A) the authority to transfer is limited to candidates who are 24 elected to municipal office, including a municipal school board; 25 (B) the municipal office account established under this 26 paragraph may be used only for expenses associated with the candidate's 27 serving as mayor or as a member of the assembly, city council, or school 28 board; 29 (C) all amounts expended from the municipal office account 30 shall be annually accounted for under AS 15.13.110(a)(4); and 31 (D) a transfer under this paragraph is limited to $5,000.
01 (b) After a general, special, municipal, or municipal runoff election, a candidate 02 may retain the ownership of one computer and one printer and of personal property, 03 except money, that was acquired by and for use in the campaign. The current fair 04 market value of the property retained, exclusive of the computer and printer, may not 05 exceed $2,500. All other property shall be disposed of, or sold and the sale proceeds 06 disposed of, in accordance with (a) or (c) of this section. 07 (c) Property remaining after disbursements are made under (a) - (b) of this 08 section is forfeited to the state. Within 30 days, the candidate shall deliver the property 09 to the Department of Revenue. The Department of Revenue shall deposit any money 10 received into the general fund and dispose of any other property in accordance with law. 11 * Sec. 20. AS 15.13.120(d) is repealed and reenacted to read: 12 (d) A member of the commission, the commission's executive director, or a 13 person who believes a violation of this chapter or a regulation adopted under this chapter 14 has occurred or is occurring may file an administrative complaint with the commission 15 within four years of the date of the alleged violation. If a member of the commission 16 has filed the complaint, that member may not participate as a commissioner in any 17 proceeding of the commission with respect to the complaint. If the commission accepts 18 the complaint and opens a preliminary investigation, it shall do so within 90 days of the 19 filing date of the complaint and shall investigate the complaint. After affording the 20 respondent notice and an opportunity to be heard, if the commission finds that the 21 respondent has engaged in or is about to engage in an act or practice that constitutes or 22 will constitute a violation of this chapter or a regulation adopted under it, the commission 23 shall enter an order requiring the violation to be ceased or to be remedied, and shall 24 assess civil penalties under AS 15.13.125. A commission order may be appealed to the 25 superior court by either the complainant or respondent within 30 days. The commission 26 or the commission's executive director shall promptly report to the attorney general 27 concerning any acts or practices that may constitute violations of this chapter or 28 regulations adopted under this chapter, or concerning the violation of any order of the 29 commission. 30 * Sec. 21. AS 15.13.120(e) is repealed and reenacted to read: 31 (e) If the commission does not open a preliminary investigation within 90 days
01 of the filing date of the complaint or complete action on the complaint within 180 days 02 of the filing, the complainant may file a complaint in superior court alleging a violation 03 of this chapter by a respondent in the administrative complaint. The complainant may 04 provide copies of the complaint filed in the superior court to the commission and the 05 attorney general. The state may intervene in a timely manner. A complaint may not be 06 filed in superior court under this subsection if more than two years have elapsed from 07 the date of the alleged violation. This subsection does not create a private cause of 08 action against the commission. 09 * Sec. 22. AS 15.13.125 is amended to read: 10 Sec. 15.13.125. CIVIL PENALTY: LATE FILING OF REQUIRED REPORTS. 11 A person who fails to register when required by AS 15.13.050(a) or who fails to file 12 a properly completed and certified report within the time required by AS 15.13.040(d) - 13 (f), 15.13.060(b) - (d), 15.13.080(c) [AS 15.13.040(f)], 15.13.110(a)(1), (3), or (4), (e), 14 or (f) [OR 15.13.110(f)] is subject to a civil penalty of not more than $50 [$10] a day 15 for each day the delinquency continues as determined by the commission subject to right 16 of appeal to the superior court. A person who fails to file a properly completed and 17 certified report within the time required by AS 15.13.110(a)(2) or 15.13.110(b) is subject 18 to a civil penalty of not more than $500 [$50] a day for each day the delinquency 19 continues as determined by the commission subject to right of appeal to the superior 20 court. A person who violates a provision of this chapter, except a provision 21 requiring registration or filing of a report within a time required as otherwise 22 specified in this subsection, is subject to a civil penalty of not more than $50 a day 23 for each day the violation continues as determined by the commission, subject to 24 right of appeal to the superior court. An affidavit stating facts in mitigation may be 25 submitted to the commission by a person against whom a civil penalty is assessed. 26 However, the imposition of the penalties prescribed in this section or in AS 15.13.120 27 does not excuse that person from registering or filing reports required by this chapter. 28 * Sec. 23. AS 15.13.125 is amended by adding new subsections to read: 29 (b) When an administrative complaint has been filed under AS 15.13.120(d), the 30 commission shall give the respondent due notice and an opportunity to be heard. If, at 31 the conclusion of the hearing, the commission determines that the respondent engaged
01 in the alleged violation, the commission shall assess 02 (1) civil penalties under (a) of this section; 03 (2) the commission's costs of investigation and adjudication; and 04 (3) reasonable attorney fees. 05 (c) The commission's determination under (b) of this section may be appealed 06 to the superior court under AS 44.62 (Administrative Procedure Act). 07 (d) When an action has been filed in the superior court under AS 15.13.120(e), 08 upon proof of the violation, the court shall enter a judgment in the amount of the civil 09 penalty authorized to be collected by (a) of this section. 10 (e) If the commission or superior court finds that the violation was not a repeat 11 violation or was not part of a series or pattern of violations, was inadvertent, was quickly 12 corrected, and had no adverse effect on the campaign of another, the commission or the 13 court may 14 (1) suspend imposition of the penalties; and 15 (2) order the penalties set aside if the person does not engage in a similar 16 violation for a period of one year. 17 (f) A party who has filed a civil action under AS 15.13.120(e) 18 (1) is not entitled to trial by jury on the civil action; 19 (2) is not entitled to be represented by legal counsel at public expense. 20 * Sec. 24. AS 15.13 is amended by adding new sections to read: 21 Sec. 15.13.135. INDEPENDENT EXPENDITURES FOR OR AGAINST 22 CANDIDATES. (a) Only an individual or group may make an independent 23 expenditure supporting or opposing a candidate for election to public office. An 24 independent expenditure supporting or opposing a candidate for election to public 25 office shall be reported in accordance with AS 15.13.040 and 15.13.100 - 15.13.110 26 and other requirements of this chapter. 27 (b) An individual or group who makes independent expenditures for a mass 28 mailing, for distribution of campaign literature of any sort, for a television, radio, 29 newspaper or magazine advertisement, or any other communication that supports or 30 opposes a candidate for election to public office 31 (1) shall comply with AS 15.13.090; and
01 (2) shall place the following statement in the mailing, literature, 02 advertisement, or other communication so that it is readily and easily discernible: 03 This NOTICE TO VOTERS is required by Alaska law. (I/we) 04 certify that this (mailing/literature/advertisement) is not authorized, paid 05 for, or approved by the candidate. 06 Sec. 15.13.140. INDEPENDENT EXPENDITURES FOR OR AGAINST 07 BALLOT PROPOSITION OR QUESTION. (a) This chapter does not prohibit a 08 person from making independent expenditures in support of or in opposition to a ballot 09 proposition or question. 10 (b) An independent expenditure for or against a ballot proposition or question 11 (1) shall be reported in accordance with AS 15.13.040 and 15.13.100 - 12 15.13.110 and other requirements of this chapter; and 13 (2) may not be made if the expenditure is prohibited by AS 15.13.145. 14 Sec. 15.13.145. MONEY OF THE STATE AND ITS POLITICAL 15 SUBDIVISIONS. (a) Except as provided in (b) and (c) of this section, each of the 16 following may not use money held by the entity to influence the outcome of the 17 election of a candidate to a state or municipal office: 18 (1) the state, its agencies, and its corporations; 19 (2) the University of Alaska and its Board of Regents; 20 (3) municipalities, school districts, and regional educational attendance 21 areas, or another political subdivision of the state; and 22 (4) an officer or employee of an entity identified in (1) - (3) of this 23 subsection. 24 (b) Money held by an entity identified in (a)(1) - (3) of this section may be 25 used to influence the outcome of an election concerning a ballot proposition or 26 question, but only if the funds have been specifically appropriated for that purpose by 27 a state law or a municipal ordinance. 28 (c) Money held by an entity identified in (a)(1) - (3) of this section may be 29 used 30 (1) to disseminate information about the time and place of an election 31 and to hold an election;
01 (2) to provide the public with nonpartisan information about a ballot 02 proposition or question or about all the candidates seeking election to a particular 03 public office. 04 (d) When expenditure of money is authorized by (b) or (c) of this section and 05 is used to influence the outcome of an election, the expenditures shall be reported to 06 the commission in the same manner as an individual is required to report under 07 AS 15.13.040. 08 Sec. 15.13.150. ELECTION EDUCATIONAL ACTIVITIES NOT 09 PROHIBITED. This chapter does not prohibit a person from engaging in educational 10 election-related communications and activities, including 11 (1) the publication of the date and location of an election; 12 (2) the education of students about voting and elections; 13 (3) the sponsorship of open candidate debate forums; 14 (4) participation in get-out-the-vote or voter registration drives that do 15 not favor a particular candidate, political party, or political position; 16 (5) the dissemination of the views of all candidates running for a 17 particular office. 18 Sec. 15.13.155. RESTRICTIONS ON EARNED INCOME AND 19 HONORARIA. (a) A candidate for the state legislature, for governor, or for 20 lieutenant governor, including an individual campaigning as a write-in candidate for 21 the office, may not 22 (1) seek or accept compensation for personal services that involves 23 payments that are not commensurate with the services rendered taking into account the 24 higher rates generally charged by specialists in a profession; or 25 (2) accept a payment of anything of value, except for actual and 26 necessarily incurred travel expenses, for an appearance or speech; this paragraph does 27 not apply to the salary paid to the candidate for making an appearance or speech as 28 part of the candidate's normal course of employment. 29 (b) Notwithstanding (a) of this section, a candidate for the state legislature, for 30 governor, or for lieutenant governor, including an individual campaigning as a write-in 31 candidate for the office, may accept a payment for an appearance or speech if the
01 appearance or speech is not connected with the individual's status as a state official or 02 as a candidate. 03 Sec. 15.13.400. DEFINITIONS. In this chapter, 04 (1) "candidate" 05 (A) means an individual who files for election to the state 06 legislature, for governor, for lieutenant governor, for municipal office, for 07 retention in judicial office, or for constitutional convention delegate, or who 08 campaigns as a write-in candidate for any of these offices; and 09 (B) when used in a provision of this chapter that limits or 10 prohibits the donation, solicitation, or acceptance of campaign contributions, or 11 limits or prohibits an expenditure, includes 12 (i) a candidate's campaign treasurer and a deputy 13 campaign treasurer; 14 (ii) a member of the candidate's immediate family; 15 (iii) a person acting as agent for the candidate; 16 (iv) the candidate's campaign committee; and 17 (v) a group that makes expenditures or receives 18 contributions with the authorization or consent, express or implied, or 19 under the control, direct or indirect, of the candidate; 20 (2) "commission" means the Alaska Public Offices Commission; 21 (3) "contribution" 22 (A) means a purchase, payment, promise or obligation to pay, 23 loan or loan guarantee, deposit or gift of money, goods, or services for which 24 charge is ordinarily made and that is made for the purpose of influencing the 25 nomination or election of a candidate, and in AS 15.13.010(b) for the purpose 26 of influencing a ballot proposition or question, including the payment by a 27 person other than a candidate or political party, or compensation for the 28 personal services of another person, that are rendered to the candidate or 29 political party; 30 (B) does not include 31 (i) services provided without compensation by
01 individuals volunteering a portion or all of their time on behalf of a 02 candidate or ballot proposition or question, but it does include 03 professional services volunteered by individuals for which they 04 ordinarily would be paid a fee or wage; 05 (ii) services provided by an accountant or other person 06 to prepare reports and statements required by this chapter; or 07 (iii) ordinary hospitality in a home; 08 (4) "expenditure" 09 (A) means a purchase or a transfer of money or anything of 10 value, or promise or agreement to purchase or transfer money or anything of 11 value, incurred or made for the purpose of 12 (i) influencing the nomination or election of a candidate 13 or of any individual who files for nomination at a later date and 14 becomes a candidate; 15 (ii) use by a political party; 16 (iii) the payment by a person other than a candidate or 17 political party of compensation for the personal services of another 18 person that are rendered to a candidate or political party; or 19 (iv) influencing the outcome of a ballot proposition or 20 question; 21 (B) does not include a candidate's filing fee or the cost of 22 preparing reports and statements required by this chapter; 23 (5) "group" means 24 (A) every state and regional executive committee of a political 25 party; and 26 (B) any combination of two or more individuals acting jointly 27 who organize for the principal purpose to influence the outcome of one or more 28 elections and who take action the major purpose of which is to influence the 29 outcome of an election; a group that makes expenditures or receives 30 contributions with the authorization or consent, express or implied, or under the 31 control, direct or indirect, of a candidate shall be considered to be controlled
01 by that candidate; a group whose major purpose is to further the nomination, 02 election, or candidacy of only one individual, or intends to expend more than 03 50 percent of its money on a single candidate, shall be considered to be 04 controlled by that candidate and its actions done with the candidate's 05 knowledge and consent unless, within 10 days from the date the candidate 06 learns of the existence of the group the candidate files with the commission, 07 on a form provided by the commission, an affidavit that the group is operating 08 without the candidate's control; a group organized for more than one year 09 preceding an election and endorsing candidates for more than one office or 10 more than one political party is presumed not to be controlled by a candidate; 11 however, a group that contributes more than 50 percent of its money to or on 12 behalf of one candidate shall be considered to support only one candidate for 13 purposes of AS 15.13.070, whether or not control of the group has been 14 disclaimed by the candidate; 15 (6) "immediate family" means the spouse, parents, children, including 16 a stepchild and an adoptive child, and siblings of an individual; 17 (7) "independent expenditure" means an expenditure that is made 18 without the direct or indirect consultation or cooperation with, or at the suggestion or 19 the request of, or with the prior consent of, a candidate, a candidate's campaign 20 treasurer or deputy campaign treasurer, or another person acting as a principal or agent 21 of the candidate; 22 (8) "individual" means a natural person; 23 (9) "person" has the meaning given in AS 01.10.060, and includes a 24 labor union and a group; 25 (10) "political party" means 26 (A) an organized group of voters that represents a political 27 program and that nominated a candidate for governor who received at least 28 three percent of the total votes cast at any one of the last five preceding general 29 elections for governor; and 30 (B) a subordinate unit of the organized group of voters 31 qualifying as a political party under (A) of this paragraph if, consistent with the
01 rules or bylaws of the political party, the unit conducts or supports campaign 02 operations in a municipality, neighborhood, election district, or precinct; 03 (11) "publicly funded entity" means a person, other than an individual, 04 that receives half or more of the money on which it operates during a calendar year 05 from government, including a public corporation. 06 * Sec. 25. AS 15.56 is amended by adding new sections to read: 07 Sec. 15.56.012. CAMPAIGN MISCONDUCT IN THE FIRST DEGREE. (a) 08 Except as provided in AS 15.56.014 and 15.56.016, a person commits the crime of 09 campaign misconduct in the first degree if the person knowingly engages in conduct 10 that violates a provision of AS 15.13 or a regulation adopted under authority of 11 AS 15.13. 12 (b) Violation of this section is a corrupt practice. 13 (c) Campaign misconduct in the first degree is a class A misdemeanor. 14 Sec. 15.56.014. CAMPAIGN MISCONDUCT IN THE SECOND DEGREE. 15 (a) A person commits the crime of campaign misconduct in the second degree if the 16 person 17 (1) knowingly circulates or has written, printed or circulated a letter, 18 circular, or publication relating to an election, to a candidate at an election, or an 19 election proposition or question without the name and address of the author appearing 20 on its face; 21 (2) except as provided by AS 15.13.090(b), knowingly prints or 22 publishes an advertisement, billboard, placard, poster, handbill, paid-for television or 23 radio announcement or other communication intended to influence the election of a 24 candidate or outcome of a ballot proposition or question without the words "paid for 25 by" followed by the name and address of the candidate, group or individual paying for 26 the advertising or communication and, if a candidate or group, with the name of the 27 campaign chair; 28 (3) knowingly writes or prints and circulates, or has written, printed and 29 circulated, a letter, circular, bill, placard, poster or advertisement in a newspaper, on 30 radio or television 31 (A) containing false factual information relating to a candidate
01 for an election; 02 (B) that the person knows to be false; and 03 (C) that would provoke a reasonable person under the 04 circumstances to a breach of the peace or that a reasonable person would 05 construe as damaging to the candidate's reputation for honesty, integrity, or the 06 candidate's qualifications to serve if elected to office. 07 (b) Violation of this section is a corrupt practice. 08 (c) Campaign misconduct in the second degree is a class B misdemeanor. 09 Sec. 15.56.016. CAMPAIGN MISCONDUCT IN THE THIRD DEGREE. (a) 10 A person commits the crime of campaign misconduct in the third degree if 11 (1) the person violates a provision of AS 15.13 or a regulation adopted 12 under AS 15.13; or 13 (2) during the hours the polls are open and after election judges have 14 posted warning notices as required by AS 15.15.170 or at the required distance in the 15 form and manner prescribed by the chief municipal elections official in a local 16 election, the person is within 200 feet of an entrance to a polling place, and 17 (A) violates AS 15.15.170; or 18 (B) circulates cards, handbills, or marked ballots, or posts 19 political signs or posters relating to a candidate at an election or election 20 proposition or question. 21 (b) Campaign misconduct in the third degree is a violation. 22 Sec. 15.56.018. APPLICABILITY OF CAMPAIGN MISCONDUCT 23 PROVISIONS. (a) For purposes of AS 15.56.012(a) and 15.56.016(a)(1), each day 24 a violation continues constitutes a separate offense. 25 (b) When a person is convicted of violating AS 15.56.012, in addition to 26 imposition of a sentence as authorized by AS 12.55.015, notwithstanding 27 AS 12.55.015(c), the court shall order suspension, for a period of one year, of any 28 license held by the defendant that allows the defendant to do business in the state. 29 Sec. 15.56.019. DEFINITION. In AS 15.56.012 - 15.56.018, the term 30 "knowingly" has the meaning given in AS 11.81.900(a). 31 * Sec. 26. AS 24.45.121(a) is amended to read:
01 (a) A lobbyist may not 02 (1) engage in any activity as a lobbyist before registering under 03 AS 24.45.041; 04 (2) do anything with the intent of placing a public official under 05 personal obligation to the lobbyist or to the lobbyist's employer; 06 (3) intentionally deceive or attempt to deceive any public official with 07 regard to any material fact pertinent to pending or proposed legislative or 08 administrative action; 09 (4) cause or influence the introduction of a legislative measure solely 10 for the purpose of thereafter being employed to secure its passage or its defeat; 11 (5) cause a communication to be sent to a public official in the name 12 of any fictitious person or in the name of any real person, except with the consent of 13 that person; 14 (6) accept or agree to accept any payment in any way contingent upon 15 the defeat, enactment, or outcome of any proposed legislative or administrative action; 16 (7) serve as a member of a state board, or commission, if the lobbyist's 17 employer may receive direct economic benefit from a decision of that board or 18 commission; 19 (8) serve as a campaign manager or director, serve as a campaign 20 treasurer or deputy campaign treasurer on a finance or fund-raising committee, host a 21 fund-raising event, directly or indirectly collect contributions for, or deliver 22 contributions to, a candidate or otherwise [ACTIVELY] engage in the fund-raising 23 activity of a legislative campaign or campaign for governor or lieutenant governor 24 if the lobbyist has registered, or is required to register as a lobbyist, under this 25 chapter, during the calendar year; this paragraph does not apply to a representational 26 lobbyist as defined in the regulations of the Alaska Public Offices Commission, and 27 does not prohibit a lobbyist from making personal contributions to a candidate as 28 authorized by AS 15.13 or personally advocating on behalf of a candidate; 29 (9) offer, solicit, initiate, facilitate, or provide to or on behalf of a 30 person covered by AS 24.60, during a legislative session, a gift, other than food or 31 beverage for immediate consumption;
01 (10) make or offer a gift or a campaign contribution whose acceptance 02 by the person to whom it is offered would violate AS 24.60. 03 * Sec. 27. AS 24.60.031(b) is amended to read: 04 (b) In this section, "contribution" has the meaning given in AS 15.13.400 05 [AS 15.13.130]. 06 * Sec. 28. AS 15.13.120(a), 15.13.130; AS 15.56.010, and 15.56.020 are repealed. 07 * Sec. 29. CONSTRUCTION AND APPLICATION. Each provision of this Act shall be 08 construed to avoid a conflict with any federal law that, under the United States Constitution, 09 prevails over the state provision. 10 * Sec. 30. APPLICABILITY OF AS 15.13 TO PERSONS OTHER THAN INDIVIDUALS. 11 If a court determines that, under the federal or state constitutions, persons who are not 12 individuals must be allowed to contribute to candidates or groups, then the requirements, 13 monetary limitations, and restrictions of AS 15.13 are applicable to those persons. 14 * Sec. 31. SEVERABILITY. Under AS 01.10.030, if any provision of this Act, or the 15 application thereof to any person or circumstance, is held invalid, the remainder of this Act 16 and the application to other persons or circumstances is not affected thereby. 17 * Sec. 32. CAMPAIGN ASSET BALANCE HELD ON EFFECTIVE DATE OF THIS 18 SECTION. A person who was a candidate as that term is defined by AS 15.13.400, added 19 by sec. 24 of this Act, and who, on the effective date of this section, holds unused campaign 20 contributions obtained while the person was a candidate and before the effective date of this 21 section may, notwithstanding AS 15.13.116, added by sec. 19 of this Act, retain those unused 22 campaign contributions for a future election campaign. The person's use of the campaign 23 contribution balance in a future election campaign makes those unused campaign contributions 24 subject to the provisions of AS 15.13.010 - 15.13.400 relating to the use of campaign 25 contributions, including AS 15.13.116, added by sec. 19 of this Act, relating to disbursement 26 of campaign assets after election at the conclusion of that future election campaign. 27 * Sec. 33. TAKING EFFECT OF ACT MADE CONDITIONAL. (a) Sections 1 - 32 of 28 this Act take effect only if, under art. XI, sec. 4, Constitution of the State of Alaska, and 29 AS 15.45.210, the lieutenant governor determines that secs. 1 - 32 of this Act are substantially 30 the same as the law proposed to be enacted by the Initiative entitled "An Initiative relating to 31 election campaign financing and the Alaska Public Offices Commission; and providing for an
01 effective date," identified by the division of elections as Initiative Petition 95 CFPO, filed with 02 the lieutenant governor by the Initiative sponsors under AS 15.45.140 on December 15, 1995. 03 (b) In addition to the requirements of (a) of this section, sec. 12 of this Act takes 04 effect only if a court order is entered and becomes final declaring that the dates set out in 05 AS 15.13.074(c), as enacted by sec. 11 of this Act, as the dates before which campaign 06 contributions may not be accepted, are unconstitutional. 07 * Sec. 34. If sec. 12 of this Act takes effect, it takes effect on the day after the date a court 08 order described in sec. 33(b) of this Act becomes final. 09 * Sec. 35. If secs. 1 - 11 and 13 - 32 of this Act take effect, they take effect January 1, 10 1997. 11 * Sec. 36. Section 33 of this Act takes effect immediately under AS 01.10.070(c).