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26th Legislature(2009-2010)

Bill Text 26th Legislature


00           CS FOR SPONSOR SUBSTITUTE FOR HOUSE BILL NO. 36(FIN) am                                                       
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 is amended by adding a new section to read:                                                    
05            Sec. 15.45.195. Public hearings. (a) At least 30 days before the election at                               
06       which an initiative is to appear on the ballot, the lieutenant governor or a designee of                          
07       the lieutenant governor shall hold two or more public hearings concerning the                                     
08       initiative in each judicial district of the state. Each public hearing under this section                         
09       shall include the written or oral testimony of one supporter and one opponent of the                              
10       initiative.                                                                                                       
11            (b)  The lieutenant governor shall provide reasonable notice of each public                                  
12       hearing required under this section. The notice must include the date, time, and place                            
13       of the hearing. The notice may be given using print or broadcast media. The lieutenant                            
14       governor shall provide notice in a consistent fashion for all hearings required under                             
15       this section.                                                                                                     
16            (c)  Penalties for a violation of this section may not include removal of an                                 
17       initiative from the ballot.                                                                                       
18    * Sec. 13. AS 15.58.010 is amended to read:                                                                        
19            Sec. 15.58.010. Election pamphlet. Before each state general election, and                                 
20       before each state primary or special election at which a ballot proposition is scheduled                      
21       to appear on the ballot, the lieutenant governor shall prepare, publish, and mail at least                        
22       one election pamphlet to each household identified from the official registration list.                           
23       The pamphlet shall be prepared on a regional basis as determined by the lieutenant                                
24       governor.                                                                                                         
25    * Sec. 14. AS 15.58.020(b) is amended to read:                                                                     
26            (b)  Each primary or special election pamphlet shall contain only the                                    
27       information specified in (a)(6) and (a)(9) of this section for each ballot measure                                
28       scheduled to appear on the primary or special election ballot.                                                
29    * Sec. 15. AS 24.05 is amended by adding a new section to article 4 to read:                                       
30            Sec. 24.05.186. Review of initiatives certified by the lieutenant governor by                              
31       standing committees of the legislature. (a) A standing committee of the legislature                             
01       shall consider an initiative that the lieutenant governor has determined was properly                             
02       filed under AS 15.45.160.                                                                                         
03            (b)  A standing committee shall conduct reviews under this section within 30                                 
04       days after the convening of the legislative session preceding the statewide election at                           
05       which the initiative proposition must appear on the election ballot under                                         
06       AS 15.45.190.                                                                                                     
07    * Sec. 16. The uncodified law of the State of Alaska is amended by adding a new section to                         
08 read:                                                                                                                   
09       APPLICABILITY. This Act applies only to an initiative, the application for which is                               
10 filed with the lieutenant governor under AS 15.45.020 on or after the effective date of this                            
11 Act.                                                                                                                    
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