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26th Legislature(2009-2010)

Bill Text 26th Legislature


00                  SPONSOR SUBSTITUTE FOR HOUSE BILL NO. 36                                                               
01 "An Act relating to ballot initiative proposal applications and to ballot initiatives."                                 
02 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA:                                                                
03    * Section 1. AS 15.13.040(k) is amended to read:                                                                   
04            (k)  Every individual, person, nongroup entity, or group contributing a total of                             
05       $500 or more to a group organized for the principal purpose of influencing the                                    
06       outcome of a proposition, and every individual, person, nongroup entity, or group                             
07       contributing a total of $500 or more to a group organized for the principal                                   
08       purpose of filing an initiative proposal application under AS 15.45.020 or that has                           
09       filed an initiative proposal application under AS 15.45.020, shall report the                                 
10       contribution or contributions on a form prescribed by the commission not later than 30                            
11       days after the contribution that requires the contributor to report under this subsection                         
12       is made. The report must include the name, address, principal occupation, and                                     
13       employer of the individual filing the report and the amount of the contribution, as well                          
14       as the total amount of contributions made to that group by that individual, person,                               
15       nongroup entity, or group during the calendar year.                                                               
01    * Sec. 2. AS 15.13.050(a) is amended to read:                                                                      
02            (a)  Before making an expenditure in support of or in opposition to a candidate                              
03       or before making an expenditure in support of or in opposition to a ballot proposition                            
04       or question or to an initiative proposal application filed with the lieutenant                                
05       governor under AS 15.45.020, each person other than an individual shall register, on                          
06       forms provided by the commission, with the commission.                                                            
07    * Sec. 3. AS 15.13.065(c) is amended to read:                                                                      
08            (c)  Except for reports required by AS 15.13.040 and 15.13.110 and except for                                
09       the requirements of AS 15.13.050, 15.13.060, and 15.13.112 - 15.13.114, the                                       
10       provisions of AS 15.13.010 - 15.13.116 do not apply to limit the authority of a person                            
11       to make contributions to influence the outcome of a ballot proposition. In this                                   
12       subsection, in addition to its meaning in AS 15.60.010, "proposition" includes                                    
13                 (1)  an issue placed on a ballot to determine whether                                               
14                      (A) [(1)]  a constitutional convention shall be called;                                        
15                      (B) [(2)]  a debt shall be contracted;                                                         
16                      (C) [(3)]  an advisory question shall be approved or rejected; or                              
17                      (D) [(4)]  a municipality shall be incorporated;                                           
18                 (2)  an initiative proposal application filed with the lieutenant                                   
19       governor under AS 15.45.020.                                                                                
20    * Sec. 4. AS 15.13.110(e) is amended to read:                                                                      
21            (e)  A group formed to sponsor [AN INITIATIVE,] a referendum or a recall                                     
22       shall report 30 days after its first filing with the lieutenant governor. Thereafter, each                    
23       group shall report within 10 days after the end of each calendar quarter on the                                   
24       contributions received and expenditures made during the preceding calendar quarter                                
25       until reports are due under (a) of this section.                                                                  
26    * Sec. 5. AS 15.13.110 is amended by adding a new subsection to read:                                              
27            (g)  This subsection applies to                                                                              
28                 (1)  an initiative committee, person, group, or nongroup entity receiving                               
29       contributions exceeding $500 or making expenditures exceeding $500 in a calendar                                  
30       year in support of or in opposition to                                                                            
31                      (A)  an initiative; or                                                                             
01                      (B)  an initiative proposal application filed with the lieutenant                                  
02            governor under AS 15.45.020;                                                                                 
03                 (2)  require a report by a person identified in (1) of this subsection                                  
04       within 10 days after the end of each calendar quarter on the contributions received and                           
05       expenditures made during the preceding calendar quarter until reports are due under                               
06       (a) and (b) of this section; if the report is a first report, it must cover the period                            
07       beginning on the day an initiative proposal application is filed under AS 15.45.020 and                           
08       ending three days before the due date of the report.                                                              
09    * Sec. 6. AS 15.13.400(4) is amended to read:                                                                      
10                 (4)  "contribution"                                                                                     
11                      (A)  means a purchase, payment, promise or obligation to pay,                                      
12            loan or loan guarantee, deposit or gift of money, goods, or services for which                               
13            charge is ordinarily made, and includes the payment by a person other than                               
14            a candidate or political party, or compensation for the personal services of                             
15            another person, that is rendered to the candidate or political party, and                                
16            that is made for the purpose of                                                                              
17                           (i)  influencing the nomination or election of a                                          
18                 candidate;                                                                                          
19                           (ii)  [, AND IN AS 15.13.010(b) FOR THE PURPOSE                                           
20                 OF] influencing a ballot proposition or question; or                                                
21                           (iii)  supporting or opposing an initiative proposal                                      
22                 application filed with the lieutenant governor under AS 15.45.020 [,                                
23                 INCLUDING THE PAYMENT BY A PERSON OTHER THAN A                                                          
24                 CANDIDATE OR POLITICAL PARTY, OR COMPENSATION FOR                                                       
25                 THE PERSONAL SERVICES OF ANOTHER PERSON, THAT ARE                                                       
26                 RENDERED TO THE CANDIDATE OR POLITICAL PARTY];                                                        
27                      (B)  does not include                                                                              
28                           (i)  services provided without compensation by                                                
29                 individuals volunteering a portion or all of their time on behalf of a                                  
30                 political party, candidate, or ballot proposition or question;                                          
31                           (ii)  ordinary hospitality in a home;                                                         
01                           (iii)  two or fewer mass mailings before each election by                                     
02                 each political party describing the party's slate of candidates for                                     
03                 election, which may include photographs, biographies, and information                                   
04                 about the party's candidates;                                                                           
05                           (iv)  the results of a poll limited to issues and not                                         
06                 mentioning any candidate, unless the poll was requested by or designed                                  
07                 primarily to benefit the candidate;                                                                     
08                           (v)  any communication in the form of a newsletter from                                       
09                 a legislator to the legislator's constituents, except a communication                                   
10                 expressly advocating the election or defeat of a candidate or a                                         
11                 newsletter or material in a newsletter that is clearly only for the private                             
12                 benefit of a legislator or a legislative employee; or                                                   
13                           (vi)  a fundraising list provided without compensation                                        
14                 by one candidate or political party to a candidate or political party;                                  
15    * Sec. 7. AS 15.13.400(6) is amended to read:                                                                      
16                 (6)  "expenditure"                                                                                      
17                      (A)  means a purchase or a transfer of money or anything of                                        
18            value, or promise or agreement to purchase or transfer money or anything of                                  
19            value, incurred or made for the purpose of                                                                   
20                           (i)  influencing the nomination or election of a candidate                                    
21                 or of any individual who files for nomination at a later date and                                       
22                 becomes a candidate;                                                                                    
23                           (ii)  use by a political party;                                                               
24                           (iii)  the payment by a person other than a candidate or                                      
25                 political party of compensation for the personal services of another                                    
26                 person that are rendered to a candidate or political party; [OR]                                        
27                           (iv)  influencing the outcome of a ballot proposition or                                      
28                 question; or                                                                                        
29                           (v)  supporting or opposing an initiative proposal                                        
30                 application filed with the lieutenant governor under AS 15.45.020;                                  
31                      (B)  does not include a candidate's filing fee or the cost of                                      
01            preparing reports and statements required by this chapter;                                                   
02                      (C)  includes an express communication and an electioneering                                       
03            communication, but does not include an issues communication;                                                 
04    * Sec. 8. AS 15.45.010 is amended by adding a new subsection to read:                                              
05            (b)  An initiative may not be proposed that is substantially similar to an                                   
06       initiative appearing on the ballot during the previous two years that did not receive a                           
07       majority of votes in favor of its adoption.                                                                       
08    * Sec. 9. AS 15.45.090(a) is amended to read:                                                                      
09            (a)  If the application is certified, the lieutenant governor shall prepare a                                
10       sufficient number of sequentially numbered petitions to allow full circulation                                    
11       throughout the state. Each petition must contain                                                                  
12                 (1)  a copy of the proposed bill [IF THE NUMBER OF WORDS                                                
13       INCLUDED IN BOTH THE FORMAL AND SUBSTANTIVE PROVISIONS OF                                                         
14       THE BILL IS 500 OR LESS];                                                                                         
15                 (2)  an impartial summary of the subject matter of the bill;                                            
16                 (3)  a statement of minimum costs to the state associated with                                          
17       certification of the initiative application and review of the initiative petition, excluding                      
18       legal costs to the state and the costs to the state of any challenge to the validity of the                       
19       petition;                                                                                                         
20                 (4)  an estimate of the cost to the state of implementing the proposed                                  
21       law;                                                                                                              
22                 (5)  the statement of warning prescribed in AS 15.45.100;                                               
23                 (6)  sufficient space for the printed name, a numerical identifier, the                                 
24       signature, the date of signature, and the address of each person signing the petition;                            
25       and                                                                                                               
26                 (7)  other specifications prescribed by the lieutenant governor to ensure                               
27       proper handling and control.                                                                                      
28    * Sec. 10. AS 15.45.110(c) is amended to read:                                                                     
29            (c)  A circulator may not receive payment or agree to receive payment [THAT                                  
30       IS GREATER THAN $1 A SIGNATURE], and a person or an organization may not                                          
31       pay or agree to pay an amount, based on the number of registered voters who sign a                            
01       petition. This subsection does not prohibit a person or an organization from                                  
02       employing a circulator and                                                                                    
03                 (1)  paying an hourly wage or salary;                                                               
04                 (2)  establishing express or implied minimum signature                                              
05       requirements for the circulator;                                                                              
06                 (3)  terminating the petition circulator's employment if the                                        
07       circulator fails to meet certain productivity requirements; or                                                
08                 (4)  paying discretionary bonuses based on the circulator's                                         
09       reliability, longevity, and productivity [THAT IS GREATER THAN $1 A                                           
10       SIGNATURE, FOR THE COLLECTION OF SIGNATURES ON A PETITION].                                                       
11    * Sec. 11. AS 15.45.110 is amended by adding a new subsection to read:                                             
12            (g)  A circulator may not concurrently solicit signatures for more than one                                  
13       petition.                                                                                                         
14    * Sec. 12. AS 15.45.130 is amended to read:                                                                        
15            Sec. 15.45.130. Certification of circulator. Before being filed, each petition                             
16       shall be certified by an affidavit by the person who personally circulated the petition.                          
17       In determining the sufficiency of the petition, the lieutenant governor may not count                             
18       subscriptions on petitions not properly certified at the time of filing or corrected before                       
19       the subscriptions are counted. The affidavit must state in substance                                              
20                 (1)  that the person signing the affidavit meets the residency, age, and                                
21       citizenship qualifications for circulating a petition under AS 15.45.105;                                         
22                 (2)  that the person is the only circulator of that petition;                                           
23                 (3)  that the signatures were made in the circulator's actual presence;                                 
24                 (4)  that, to the best of the circulator's knowledge, the signatures are the                            
25       signatures of the persons whose names they purport to be;                                                         
26                 (5)  that, to the best of the circulator's knowledge, the signatures are of                             
27       persons who were qualified voters on the date of signature;                                                       
28                 (6)  that the circulator has not entered into an agreement with a person                                
29       or organization in violation of AS 15.45.110(c); and                                                          
30                 (7)  that the circulator has not violated AS 15.45.110(d) or (g) with                               
31       respect to that petition [; AND                                                                                   
01                 (8)  WHETHER THE CIRCULATOR HAS RECEIVED PAYMENT                                                        
02       OR AGREED TO RECEIVE PAYMENT FOR THE COLLECTION OF                                                                
03       SIGNATURES ON THE PETITION, AND, IF SO, THE NAME OF EACH PERSON                                                   
04       OR ORGANIZATION THAT HAS PAID OR AGREED TO PAY THE                                                                
05       CIRCULATOR FOR COLLECTION OF SIGNATURES ON THE PETITION].                                                         
06    * Sec. 13. AS 15.45 is amended by adding a new section to read:                                                    
07            Sec. 15.45.135. Public hearings. (a) After the application is certified by the                             
08       lieutenant governor under AS 15.45.070 and before the petition is filed under                                     
09       AS 15.45.140, the sponsors shall hold public hearings concerning the proposed bill in                             
10       at least 30 house districts.                                                                                      
11            (b)  The sponsors shall provide reasonable notice of each public hearing                                     
12       required under this section. The notice must include the date, time, and place of the                             
13       hearing. The notice may be given using print or broadcast media. The sponsors shall                               
14       provide notice in a consistent fashion for all hearings required under this section.                              
15            (c)  At the time of reviewing a petition under AS 15.45.150, the lieutenant                                  
16       governor shall determine whether the sponsors have complied with the requirements                                 
17       of this section. The lieutenant governor shall determine that the petition was                                    
18       improperly filed and notify the committee under AS 15.45.160 that the proposition                                 
19       may not be placed on the ballot if the sponsors failed to                                                         
20                 (1)  hold public hearings in at least 30 house districts; or                                            
21                 (2)  provide reasonable notice of each public hearing.                                                  
22    * Sec. 14. AS 15.45.140 is amended by adding a new subsection to read:                                             
23            (c)  The sponsors shall include with the petition filed under (a) of this section a                          
24       sworn affidavit showing that the sponsors have complied with the requirements of                                  
25       AS 15.45.135(a) and (b). Proof acceptable to the lieutenant governor that the sponsors                            
26       have complied with the requirements of AS 15.45.135 must accompany the affidavit.                                 
27    * Sec. 15. AS 15.45.150 is amended to read:                                                                        
28            Sec. 15.45.150. Review of petition. Within not more than 60 days of the date                               
29       the petition was filed, the lieutenant governor shall review the petition, affidavit, and                     
30       any accompanying material required under AS 15.45.140(c), and shall notify the                                
31       initiative committee whether the petition was properly or improperly filed, and at                                
01       which election the proposition shall be placed on the ballot.                                                     
02    * Sec. 16. AS 15.45.160 is amended to read:                                                                        
03            Sec. 15.45.160. Bases for determining the petition was improperly filed.                                   
04       The lieutenant governor shall notify the committee that the petition was improperly                               
05       filed upon determining that                                                                                       
06                 (1)  there is an insufficient number of qualified subscribers; [OR]                                     
07                 (2)  the subscribers were not resident in at least two-thirds of the house                              
08       districts of the state;                                                                                       
09                 (3)  the initiative sponsors did not hold public hearings in at least                               
10       30 house districts; or                                                                                        
11                 (4)  the initiative sponsors failed to provide reasonable notice of                                 
12       each public hearing.                                                                                          
13    * Sec. 17. AS 15.58.010 is amended to read:                                                                        
14            Sec. 15.58.010. Election pamphlet. Before each state general election, and                                 
15       before each state primary or special election at which a ballot proposition is scheduled                      
16       to appear on the ballot, the lieutenant governor shall prepare, publish, and mail at least                        
17       one election pamphlet to each household identified from the official registration list.                           
18       The pamphlet shall be prepared on a regional basis as determined by the lieutenant                                
19       governor.                                                                                                         
20    * Sec. 18. AS 15.58.020(b) is amended to read:                                                                     
21            (b)  Each primary or special election pamphlet shall contain only the                                    
22       information specified in (a)(6) and (a)(9) of this section for each ballot measure                                
23       scheduled to appear on the primary election ballot.                                                               
24    * Sec. 19. AS 24.05 is amended by adding a new section to article 4 to read:                                       
25            Sec. 24.05.186. Review of initiatives certified by the lieutenant governor by                              
26       standing committees of the legislature. (a) A standing committee of the legislature                             
27       shall consider an initiative that the lieutenant governor has determined was properly                             
28       filed under AS 15.45.160.                                                                                         
29            (b)  A standing committee shall conduct reviews under this section within 30                                 
30       days after the convening of the legislative session preceding the statewide election at                           
31       which the initiative proposition must appear on the election ballot under                                         
01       AS 15.45.190.                                                                                                     
02    * Sec. 20. The uncodified law of the State of Alaska is amended by adding a new section to                         
03 read:                                                                                                                   
04       APPLICABILITY. This Act applies only to an initiative proposed by filing an                                       
05 application with the lieutenant governor under AS 15.45.020 that is filed on or after the                               
06 effective date of this Act.                                                                                             
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