CSSSHB 36(FIN): "An Act relating to ballot initiative proposal applications, to ballot initiatives and to those who file or organize for the purpose of filing a ballot initiative proposal, and to election pamphlet information relating to certain propositions."
00 CS FOR SPONSOR SUBSTITUTE FOR HOUSE BILL NO. 36(FIN) 01 "An Act relating to ballot initiative proposal applications, to ballot initiatives and to 02 those who file or organize for the purpose of filing a ballot initiative proposal, and to 03 election pamphlet information relating to certain propositions." 04 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 05 * Section 1. AS 15.13.040(k) is amended to read: 06 (k) Every individual, person, nongroup entity, or group contributing a total of 07 $500 or more to a group organized for the principal purpose of influencing the 08 outcome of a proposition, and every individual, person, nongroup entity, or group 09 contributing a total of $500 or more to a group organized for the principal 10 purpose of filing an initiative proposal application under AS 15.45.020 or that has 11 filed an initiative proposal application under AS 15.45.020, shall report the 12 contribution or contributions on a form prescribed by the commission not later than 30 13 days after the contribution that requires the contributor to report under this subsection 14 is made. The report must include the name, address, principal occupation, and
01 employer of the individual filing the report and the amount of the contribution, as well 02 as the total amount of contributions made to that group by that individual, person, 03 nongroup entity, or group during the calendar year. 04 * Sec. 2. AS 15.13.050(a) is amended to read: 05 (a) Before making an expenditure in support of or in opposition to a candidate 06 or before making an expenditure in support of or in opposition to a ballot proposition 07 or question or to an initiative proposal application filed with the lieutenant 08 governor under AS 15.45.020, each person other than an individual shall register, on 09 forms provided by the commission, with the commission. 10 * Sec. 3. AS 15.13.050 is amended by adding a new subsection to read: 11 (c) If a group intends to make more than 50 percent of its contributions or 12 expenditures in support of or opposition to a single initiative on the ballot, the title or 13 common name of the initiative must be a part of the name of the group. If the group 14 intends to make more than 50 percent of its contributions or expenditures in opposition 15 to a single initiative on the ballot, the group's name must clearly state that the group 16 opposes that initiative by using a word such as "opposes," "opposing," "in opposition 17 to," or "against" in the group's name. 18 * Sec. 4. AS 15.13.065(c) is amended to read: 19 (c) Except for reports required by AS 15.13.040 and 15.13.110 and except for 20 the requirements of AS 15.13.050, 15.13.060, and 15.13.112 - 15.13.114, the 21 provisions of AS 15.13.010 - 15.13.116 do not apply to limit the authority of a person 22 to make contributions to influence the outcome of a ballot proposition. In this 23 subsection, in addition to its meaning in AS 15.60.010, "proposition" includes 24 (1) an issue placed on a ballot to determine whether 25 (A) [(1)] a constitutional convention shall be called; 26 (B) [(2)] a debt shall be contracted; 27 (C) [(3)] an advisory question shall be approved or rejected; or 28 (D) [(4)] a municipality shall be incorporated; 29 (2) an initiative proposal application filed with the lieutenant 30 governor under AS 15.45.020. 31 * Sec. 5. AS 15.13.110(e) is amended to read:
01 (e) A group formed to sponsor [AN INITIATIVE,] a referendum or a recall 02 shall report 30 days after its first filing with the lieutenant governor. Thereafter, each 03 group shall report within 10 days after the end of each calendar quarter on the 04 contributions received and expenditures made during the preceding calendar quarter 05 until reports are due under (a) of this section. 06 * Sec. 6. AS 15.13.110 is amended by adding a new subsection to read: 07 (g) An initiative committee, person, group, or nongroup entity receiving 08 contributions exceeding $500 or making expenditures exceeding $500 in a calendar 09 year in support of or in opposition to an initiative on the ballot in a statewide election 10 or an initiative proposal application filed with the lieutenant governor under 11 AS 15.45.020 shall file a report within 10 days after the end of each calendar quarter 12 on the contributions received and expenditures made during the preceding calendar 13 quarter until reports are due under (a) and (b) of this section. If the report is a first 14 report, it must cover the period beginning on the day an initiative proposal application 15 is filed under AS 15.45.020 and ending three days before the due date of the report. 16 * Sec. 7. AS 15.13.400(4) is amended to read: 17 (4) "contribution" 18 (A) means a purchase, payment, promise or obligation to pay, 19 loan or loan guarantee, deposit or gift of money, goods, or services for which 20 charge is ordinarily made, and includes the payment by a person other than 21 a candidate or political party, or compensation for the personal services of 22 another person, that is rendered to the candidate or political party, and 23 that is made for the purpose of 24 (i) influencing the nomination or election of a 25 candidate; 26 (ii) [, AND IN AS 15.13.010(b) FOR THE PURPOSE 27 OF] influencing a ballot proposition or question; or 28 (iii) supporting or opposing an initiative proposal 29 application filed with the lieutenant governor under AS 15.45.020 [, 30 INCLUDING THE PAYMENT BY A PERSON OTHER THAN A 31 CANDIDATE OR POLITICAL PARTY, OR COMPENSATION FOR
01 THE PERSONAL SERVICES OF ANOTHER PERSON, THAT ARE 02 RENDERED TO THE CANDIDATE OR POLITICAL PARTY]; 03 (B) does not include 04 (i) services provided without compensation by 05 individuals volunteering a portion or all of their time on behalf of a 06 political party, candidate, or ballot proposition or question; 07 (ii) ordinary hospitality in a home; 08 (iii) two or fewer mass mailings before each election by 09 each political party describing the party's slate of candidates for 10 election, which may include photographs, biographies, and information 11 about the party's candidates; 12 (iv) the results of a poll limited to issues and not 13 mentioning any candidate, unless the poll was requested by or designed 14 primarily to benefit the candidate; 15 (v) any communication in the form of a newsletter from 16 a legislator to the legislator's constituents, except a communication 17 expressly advocating the election or defeat of a candidate or a 18 newsletter or material in a newsletter that is clearly only for the private 19 benefit of a legislator or a legislative employee; or 20 (vi) a fundraising list provided without compensation 21 by one candidate or political party to a candidate or political party; 22 * Sec. 8. AS 15.13.400(6) is amended to read: 23 (6) "expenditure" 24 (A) means a purchase or a transfer of money or anything of 25 value, or promise or agreement to purchase or transfer money or anything of 26 value, incurred or made for the purpose of 27 (i) influencing the nomination or election of a candidate 28 or of any individual who files for nomination at a later date and 29 becomes a candidate; 30 (ii) use by a political party; 31 (iii) the payment by a person other than a candidate or
01 political party of compensation for the personal services of another 02 person that are rendered to a candidate or political party; [OR] 03 (iv) influencing the outcome of a ballot proposition or 04 question; or 05 (v) supporting or opposing an initiative proposal 06 application filed with the lieutenant governor under AS 15.45.020; 07 (B) does not include a candidate's filing fee or the cost of 08 preparing reports and statements required by this chapter; 09 (C) includes an express communication and an electioneering 10 communication, but does not include an issues communication; 11 * Sec. 9. AS 15.13.400(8) is amended to read: 12 (8) "group" means 13 (A) every state and regional executive committee of a political 14 party; [AND] 15 (B) any combination of two or more individuals acting jointly 16 who organize for the principal purpose of influencing the outcome of one or 17 more elections and who take action the major purpose of which is to influence 18 the outcome of an election; a group that makes expenditures or receives 19 contributions with the authorization or consent, express or implied, or under 20 the control, direct or indirect, of a candidate shall be considered to be 21 controlled by that candidate; a group whose major purpose is to further the 22 nomination, election, or candidacy of only one individual, or intends to expend 23 more than 50 percent of its money on a single candidate, shall be considered to 24 be controlled by that candidate and its actions done with the candidate's 25 knowledge and consent unless, within 10 days from the date the candidate 26 learns of the existence of the group the candidate files with the commission, on 27 a form provided by the commission, an affidavit that the group is operating 28 without the candidate's control; a group organized for more than one year 29 preceding an election and endorsing candidates for more than one office or 30 more than one political party is presumed not to be controlled by a candidate; 31 however, a group that contributes more than 50 percent of its money to or on
01 behalf of one candidate shall be considered to support only one candidate for 02 purposes of AS 15.13.070, whether or not control of the group has been 03 disclaimed by the candidate; and 04 (C) any combination of two or more individuals acting 05 jointly who organize for the principal purpose of filing an initiative 06 proposal application under AS 15.45.020 or who file an initiative proposal 07 application under AS 15.45.020; 08 * Sec. 10. AS 15.45.080 is amended to read: 09 Sec. 15.45.080. Bases of denial of certification. The lieutenant governor shall 10 deny certification upon determining in writing that 11 (1) the proposed bill to be initiated is not confined to one subject or 12 is otherwise not in the required form; 13 (2) the application is not substantially in the required form; or 14 (3) there is an insufficient number of qualified sponsors. 15 * Sec. 11. AS 15.45.090(a) is amended to read: 16 (a) If the application is certified, the lieutenant governor shall prepare a 17 sufficient number of sequentially numbered petitions to allow full circulation 18 throughout the state. Each petition must contain 19 (1) a copy of the proposed bill [IF THE NUMBER OF WORDS 20 INCLUDED IN BOTH THE FORMAL AND SUBSTANTIVE PROVISIONS OF 21 THE BILL IS 500 OR LESS]; 22 (2) an impartial summary of the subject matter of the bill; 23 (3) a statement of minimum costs to the state associated with 24 certification of the initiative application and review of the initiative petition, excluding 25 legal costs to the state and the costs to the state of any challenge to the validity of the 26 petition; 27 (4) an estimate of the cost to the state of implementing the proposed 28 law; 29 (5) the statement of warning prescribed in AS 15.45.100; 30 (6) sufficient space for the printed name, a numerical identifier, the 31 signature, the date of signature, and the address of each person signing the petition;
01 and 02 (7) other specifications prescribed by the lieutenant governor to ensure 03 proper handling and control. 04 * Sec. 12. AS 15.45.110(c) is amended to read: 05 (c) A circulator may not receive payment or agree to receive payment [THAT 06 IS GREATER THAN $1 A SIGNATURE], and a person or an organization may not 07 pay or agree to pay an amount, based on the number of registered voters who sign a 08 petition. This subsection does not prohibit a person or an organization from 09 employing a circulator and 10 (1) paying an hourly wage or salary; 11 (2) establishing express or implied minimum signature 12 requirements for the circulator; 13 (3) terminating the petition circulator's employment if the 14 circulator fails to meet certain productivity requirements; or 15 (4) paying discretionary bonuses based on the circulator's 16 reliability, longevity, and productivity [THAT IS GREATER THAN $1 A 17 SIGNATURE, FOR THE COLLECTION OF SIGNATURES ON A PETITION]. 18 * Sec. 13. AS 15.45 is amended by adding a new section to read: 19 Sec. 15.45.195. Public hearings. (a) At least 30 days before the election at 20 which an initiative is to appear on the ballot, the lieutenant governor or a designee of 21 the lieutenant governor shall hold two or more public hearings concerning the 22 initiative in each judicial district of the state. Each public hearing under this section 23 shall include the written or oral testimony of one supporter and one opponent of the 24 initiative. 25 (b) The lieutenant governor shall provide reasonable notice of each public 26 hearing required under this section. The notice must include the date, time, and place 27 of the hearing. The notice may be given using print or broadcast media. The lieutenant 28 governor shall provide notice in a consistent fashion for all hearings required under 29 this section. 30 (c) Penalties for a violation of this section may not include removal of an 31 initiative from the ballot.
01 * Sec. 14. AS 15.58.010 is amended to read: 02 Sec. 15.58.010. Election pamphlet. Before each state general election, and 03 before each state primary or special election at which a ballot proposition is scheduled 04 to appear on the ballot, the lieutenant governor shall prepare, publish, and mail at least 05 one election pamphlet to each household identified from the official registration list. 06 The pamphlet shall be prepared on a regional basis as determined by the lieutenant 07 governor. 08 * Sec. 15. AS 15.58.020(b) is amended to read: 09 (b) Each primary or special election pamphlet shall contain only the 10 information specified in (a)(6) and (a)(9) of this section for each ballot measure 11 scheduled to appear on the primary or special election ballot. 12 * Sec. 16. AS 24.05 is amended by adding a new section to article 4 to read: 13 Sec. 24.05.186. Review of initiatives certified by the lieutenant governor by 14 standing committees of the legislature. (a) A standing committee of the legislature 15 shall consider an initiative that the lieutenant governor has determined was properly 16 filed under AS 15.45.160. 17 (b) A standing committee shall conduct reviews under this section within 30 18 days after the convening of the legislative session preceding the statewide election at 19 which the initiative proposition must appear on the election ballot under 20 AS 15.45.190. 21 * Sec. 17. The uncodified law of the State of Alaska is amended by adding a new section to 22 read: 23 APPLICABILITY. This Act applies only to an initiative, the application for which is 24 filed with the lieutenant governor under AS 15.45.020 on or after the effective date of this 25 Act.