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26th Legislature(2009-2010)

Bill Text 26th Legislature


00            CS FOR SPONSOR SUBSTITUTE FOR HOUSE BILL NO. 36(JUD)                                                         
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)  An initiative committee, person, group, or nongroup entity receiving                                    
28       contributions exceeding $500 or making expenditures exceeding $500 in a calendar                                  
29       year in support of or in opposition to an initiative on the ballot in a statewide election                        
30       or an initiative proposal application filed with the lieutenant governor under                                    
31       AS 15.45.020 shall file a report within 10 days after the end of each calendar quarter                            
01       on the contributions received and expenditures made during the preceding calendar                                 
02       quarter until reports are due under (a) and (b) of this section. If the report is a first                         
03       report, it must cover the period beginning on the day an initiative proposal application                          
04       is filed under AS 15.45.020 and ending three days before the due date of the report.                              
05    * Sec. 6. AS 15.13.400(4) is amended to read:                                                                      
06                 (4)  "contribution"                                                                                     
07                      (A)  means a purchase, payment, promise or obligation to pay,                                      
08            loan or loan guarantee, deposit or gift of money, goods, or services for which                               
09            charge is ordinarily made, and includes the payment by a person other than                               
10            a candidate or political party, or compensation for the personal services of                             
11            another person, that is rendered to the candidate or political party, and                                
12            that is made for the purpose of                                                                              
13                           (i)  influencing the nomination or election of a                                          
14                 candidate;                                                                                          
15                           (ii)  [, AND IN AS 15.13.010(b) FOR THE PURPOSE                                           
16                 OF] influencing a ballot proposition or question; or                                                
17                           (iii)  supporting or opposing an initiative proposal                                      
18                 application filed with the lieutenant governor under AS 15.45.020 [,                                
19                 INCLUDING THE PAYMENT BY A PERSON OTHER THAN A                                                          
20                 CANDIDATE OR POLITICAL PARTY, OR COMPENSATION FOR                                                       
21                 THE PERSONAL SERVICES OF ANOTHER PERSON, THAT ARE                                                       
22                 RENDERED TO THE CANDIDATE OR POLITICAL PARTY];                                                        
23                      (B)  does not include                                                                              
24                           (i)  services provided without compensation by                                                
25                 individuals volunteering a portion or all of their time on behalf of a                                  
26                 political party, candidate, or ballot proposition or question;                                          
27                           (ii)  ordinary hospitality in a home;                                                         
28                           (iii)  two or fewer mass mailings before each election by                                     
29                 each political party describing the party's slate of candidates for                                     
30                 election, which may include photographs, biographies, and information                                   
31                 about the party's candidates;                                                                           
01                           (iv)  the results of a poll limited to issues and not                                         
02                 mentioning any candidate, unless the poll was requested by or designed                                  
03                 primarily to benefit the candidate;                                                                     
04                           (v)  any communication in the form of a newsletter from                                       
05                 a legislator to the legislator's constituents, except a communication                                   
06                 expressly advocating the election or defeat of a candidate or a                                         
07                 newsletter or material in a newsletter that is clearly only for the private                             
08                 benefit of a legislator or a legislative employee; or                                                   
09                           (vi)  a fundraising list provided without compensation                                        
10                 by one candidate or political party to a candidate or political party;                                  
11    * Sec. 7. AS 15.13.400(6) is amended to read:                                                                      
12                 (6)  "expenditure"                                                                                      
13                      (A)  means a purchase or a transfer of money or anything of                                        
14            value, or promise or agreement to purchase or transfer money or anything of                                  
15            value, incurred or made for the purpose of                                                                   
16                           (i)  influencing the nomination or election of a candidate                                    
17                 or of any individual who files for nomination at a later date and                                       
18                 becomes a candidate;                                                                                    
19                           (ii)  use by a political party;                                                               
20                           (iii)  the payment by a person other than a candidate or                                      
21                 political party of compensation for the personal services of another                                    
22                 person that are rendered to a candidate or political party; [OR]                                        
23                           (iv)  influencing the outcome of a ballot proposition or                                      
24                 question; or                                                                                        
25                           (v)  supporting or opposing an initiative proposal                                        
26                 application filed with the lieutenant governor under AS 15.45.020;                                  
27                      (B)  does not include a candidate's filing fee or the cost of                                      
28            preparing reports and statements required by this chapter;                                                   
29                      (C)  includes an express communication and an electioneering                                       
30            communication, but does not include an issues communication;                                                 
31    * Sec. 8. AS 15.45.080 is amended to read:                                                                         
01            Sec. 15.45.080. Bases of denial of certification. The lieutenant governor shall                            
02       deny certification upon determining in writing that                                                               
03                 (1)  the proposed bill to be initiated is not confined to one subject or                            
04       is otherwise not in the required form;                                                                        
05                 (2)  the application is not substantially in the required form; or                                      
06                 (3)  there is an insufficient number of qualified sponsors.                                             
07    * Sec. 9. AS 15.45.090(a) is amended to read:                                                                      
08            (a)  If the application is certified, the lieutenant governor shall prepare a                                
09       sufficient number of sequentially numbered petitions to allow full circulation                                    
10       throughout the state. Each petition must contain                                                                  
11                 (1)  a copy of the proposed bill [IF THE NUMBER OF WORDS                                                
12       INCLUDED IN BOTH THE FORMAL AND SUBSTANTIVE PROVISIONS OF                                                         
13       THE BILL IS 500 OR LESS];                                                                                         
14                 (2)  an impartial summary of the subject matter of the bill;                                            
15                 (3)  a statement of minimum costs to the state associated with                                          
16       certification of the initiative application and review of the initiative petition, excluding                      
17       legal costs to the state and the costs to the state of any challenge to the validity of the                       
18       petition;                                                                                                         
19                 (4)  an estimate of the cost to the state of implementing the proposed                                  
20       law;                                                                                                              
21                 (5)  the statement of warning prescribed in AS 15.45.100;                                               
22                 (6)  sufficient space for the printed name, a numerical identifier, the                                 
23       signature, the date of signature, and the address of each person signing the petition;                            
24       and                                                                                                               
25                 (7)  other specifications prescribed by the lieutenant governor to ensure                               
26       proper handling and control.                                                                                      
27    * Sec. 10. AS 15.45.110(c) is amended to read:                                                                     
28            (c)  A circulator may not receive payment or agree to receive payment [THAT                                  
29       IS GREATER THAN $1 A SIGNATURE], and a person or an organization may not                                          
30       pay or agree to pay an amount, based on the number of registered voters who sign a                            
31       petition. This subsection does not prohibit a person or an organization from                                  
01       employing a circulator and                                                                                    
02                 (1)  paying an hourly wage or salary;                                                               
03                 (2)  establishing express or implied minimum signature                                              
04       requirements for the circulator;                                                                              
05                 (3)  terminating the petition circulator's employment if the                                        
06       circulator fails to meet certain productivity requirements; or                                                
07                 (4)  paying discretionary bonuses based on the circulator's                                         
08       reliability, longevity, and productivity [THAT IS GREATER THAN $1 A                                           
09       SIGNATURE, FOR THE COLLECTION OF SIGNATURES ON A PETITION].                                                       
10    * Sec. 11. AS 15.45 is amended by adding a new section to read:                                                    
11            Sec. 15.45.195. Public hearings. (a) At least 30 days before the election at                               
12       which an initiative is to appear on the ballot, the lieutenant governor or a designee of                          
13       the lieutenant governor shall hold two or more public hearings concerning the                                     
14       initiative in each judicial district of the state. Each public hearing under this section                         
15       shall include the written or oral testimony of one supporter and one opponent of the                              
16       initiative.                                                                                                       
17            (b)  The lieutenant governor shall provide reasonable notice of each public                                  
18       hearing required under this section. The notice must include the date, time, and place                            
19       of the hearing. The notice may be given using print or broadcast media. The lieutenant                            
20       governor shall provide notice in a consistent fashion for all hearings required under                             
21       this section.                                                                                                     
22    * Sec. 12. AS 15.58.010 is amended to read:                                                                        
23            Sec. 15.58.010. Election pamphlet. Before each state general election, and                                 
24       before each state primary or special election at which a ballot proposition is scheduled                      
25       to appear on the ballot, the lieutenant governor shall prepare, publish, and mail at least                        
26       one election pamphlet to each household identified from the official registration list.                           
27       The pamphlet shall be prepared on a regional basis as determined by the lieutenant                                
28       governor.                                                                                                         
29    * Sec. 13. AS 15.58.020(b) is amended to read:                                                                     
30            (b)  Each primary or special election pamphlet shall contain only the                                    
31       information specified in (a)(6) and (a)(9) of this section for each ballot measure                                
01       scheduled to appear on the primary election ballot.                                                               
02    * Sec. 14. 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. 15. The uncodified law of the State of Alaska is amended by adding a new section to                         
12 read:                                                                                                                   
13       APPLICABILITY. This Act applies only to an initiative, the application for which is                               
14 filed with the lieutenant governor under AS 15.45.020 on or after the effective date of this                            
15 Act.                                                                                                                    
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