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26th Legislature(2009-2010)

Bill Text 26th Legislature


00                              HOUSE BILL NO. 36                                                                          
01 "An Act prohibiting initiatives that are substantially similar to those that failed within                              
02 the previous two years; relating to financial disclosure reporting dates for persons,                                   
03 groups, and nongroup entities that expend money in support of or in opposition to                                       
04 initiatives, initiative information contained in election pamphlets, initiative petitions,                              
05 initiative petition circulators, and public hearings for initiatives; and requiring a                                   
06 standing committee of the legislature to consider initiatives scheduled for appearance on                               
07 the election ballot."                                                                                                   
08 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA:                                                                
09    * Section 1. AS 15.13.110(e) is amended to read:                                                                   
10            (e)  A group formed to sponsor [AN INITIATIVE,] a referendum or a recall                                     
11       shall report 30 days after its first filing with the lieutenant governor. Thereafter, each                    
12       group shall report within 10 days after the end of each calendar quarter on the                                   
13       contributions received and expenditures made during the preceding calendar quarter                                
01       until reports are due under (a) of this section.                                                                  
02    * Sec. 2. AS 15.13.110 is amended by adding a new subsection to read:                                              
03            (g)  An initiative committee, person, group, or nongroup entity receiving                                    
04       contributions exceeding $500 or making expenditures exceeding $500 in a calendar                                  
05       year in support of or in opposition to an initiative shall report within 10 days after the                        
06       end of each calendar quarter on the contributions received and expenditures made                                  
07       during the preceding calendar quarter until reports are due under (a) and (b) of this                             
08       section. If the report is a first report, it must cover the period beginning on the day an                        
09       application is filed under AS 15.45.020 and ending three days before the due date of                              
10       the report.                                                                                                       
11    * Sec. 3. AS 15.45.010 is amended by adding a new subsection to read:                                              
12            (b)  An initiative may not be proposed that is substantially similar to an                                   
13       initiative appearing on the ballot during the previous two years that did not receive a                           
14       majority of votes in favor of its adoption.                                                                       
15    * Sec. 4. 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. 5. 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                                   
08       signed the petition. Nothing in this subsection prohibits a person or an                                      
09       organization from employing a circulator and:                                                                 
10                 (1)  paying an hourly wage or salary;                                                               
11                 (2)  establishing either 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 reliability, longevity,                                  
16       and productivity [THAT IS GREATER THAN $1 A SIGNATURE, FOR THE                                                
17       COLLECTION OF SIGNATURES ON A PETITION].                                                                          
18    * Sec. 6. AS 15.45.110 is amended by adding a new subsection to read:                                              
19            (g)  A circulator may not concurrently solicit signatures for more than one                                  
20       petition.                                                                                                         
21    * Sec. 7. AS 15.45.130 is amended to read:                                                                         
22            Sec. 15.45.130. Certification of circulator. Before being filed, each petition                             
23       shall be certified by an affidavit by the person who personally circulated the petition.                          
24       In determining the sufficiency of the petition, the lieutenant governor may not count                             
25       subscriptions on petitions not properly certified at the time of filing or corrected before                       
26       the subscriptions are counted. The affidavit must state in substance                                              
27                 (1)  that the person signing the affidavit meets the residency, age, and                                
28       citizenship qualifications for circulating a petition under AS 15.45.105;                                         
29                 (2)  that the person is the only circulator of that petition;                                           
30                 (3)  that the signatures were made in the circulator's actual presence;                                 
31                 (4)  that, to the best of the circulator's knowledge, the signatures are the                            
01       signatures of the persons whose names they purport to be;                                                         
02                 (5)  that, to the best of the circulator's knowledge, the signatures are of                             
03       persons who were qualified voters on the date of signature;                                                       
04                 (6)  that the circulator has not entered into an agreement with a person                                
05       or organization in violation of AS 15.45.110(c); and                                                          
06                 (7)  that the circulator has not violated AS 15.45.110(d) or (g) with                               
07       respect to that petition [; AND                                                                                   
08                 (8)  WHETHER THE CIRCULATOR HAS RECEIVED PAYMENT                                                        
09       OR AGREED TO RECEIVE PAYMENT FOR THE COLLECTION OF                                                                
10       SIGNATURES ON THE PETITION, AND, IF SO, THE NAME OF EACH PERSON                                                   
11       OR ORGANIZATION THAT HAS PAID OR AGREED TO PAY THE                                                                
12       CIRCULATOR FOR COLLECTION OF SIGNATURES ON THE PETITION].                                                         
13    * Sec. 8. AS 15.45 is amended by adding a new section to read:                                                     
14            Sec. 15.45.135. Public hearings. The sponsors shall hold public hearings in at                             
15       least 30 house districts within one year after the application is certified by the                                
16       lieutenant governor under AS 15.45.070.                                                                           
17    * Sec. 9. AS 15.58.010 is amended to read:                                                                         
18            Sec. 15.58.010. Election pamphlet. Before each state general election, and                                 
19       before each state primary or special election at which a ballot proposition is scheduled                      
20       to appear on the ballot, the lieutenant governor shall prepare, publish, and mail at least                        
21       one election pamphlet to each household identified from the official registration list.                           
22       The pamphlet shall be prepared on a regional basis as determined by the lieutenant                                
23       governor.                                                                                                         
24    * Sec. 10. AS 15.58.020(b) is amended to read:                                                                     
25            (b)  Each primary or special election pamphlet shall contain only the                                    
26       information specified in (a)(6) and (a)(9) of this section for each ballot measure                                
27       scheduled to appear on the primary election ballot.                                                               
28    * Sec. 11. AS 15.58.060 is amended by adding a new subsection to read:                                           
29            (d)  The qualified voters designated as sponsors of an initiative under                                      
30       AS 15.45.060 shall pay to the lieutenant governor the printing costs, including the cost                          
31       of printing the full text of the initiative in election pamphlets, as required under                              
01       AS 15.58.020(a)(6)(A) and AS 15.58.020(b).                                                                        
02    * Sec. 12. AS 24.05 is amended by adding a new section to article 4 to read:                                       
03            Sec. 24.05.186. Review of initiatives certified by the lieutenant governor by                              
04       standing committees of the legislature. (a) A standing committee of the legislature                             
05       shall consider an initiative that the lieutenant governor has determined was properly                             
06       filed under AS 15.45.160.                                                                                         
07            (b)  A standing committee shall conduct reviews under this section within 30                                 
08       days after the convening of the legislative session preceding the statewide election at                           
09       which the initiative proposition must appear on the election ballot under                                         
10       AS 15.45.190.                                                                                                     
11    * Sec. 13. The uncodified law of the State of Alaska is amended by adding a new section to                         
12 read:                                                                                                                   
13       APPLICABILITY. This Act applies to an initiative for which the application was filed                              
14 with the lieutenant governor under AS 15.45.020 on or after the effective date of this Act.                             
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