00 CONFERENCE CS FOR SENATE BILL NO. 363 01 "An Act relating to communications and elections, to reporting of contributions and 02 expenditures, and to campaign misconduct in the second degree; relating to disclosure 03 by individuals of contributions to candidates; and providing for an effective date." 04 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 05  * Section 1. AS 15.13.040(d), as amended by sec. 4, ch. 1, SLA 2002, is repealed and 06 reenacted to read: 07 (d) Every individual, person, nongroup entity, or group making an expenditure 08 shall make a full report of expenditures, upon a form prescribed by the commission, 09 unless exempt from reporting. 10  * Sec. 2. AS 15.13.040(e) is amended to read: 11 (e) The report required under (d) of this section must contain the name, 12 address, principal occupation, and employer of the individual filing the report, and an 13 itemized list of expenditures. The report shall be filed with the commission [BY THE 14 CONTRIBUTOR] no later than 10 days after the [CONTRIBUTION OR] expenditure 01 is made. [A COPY OF THE REPORT SHALL BE FURNISHED TO THE 02 CANDIDATE, CAMPAIGN TREASURER, OR DEPUTY CAMPAIGN 03 TREASURER AT THE TIME THE CONTRIBUTION IS MADE.] 04  * Sec. 3. AS 15.13.040(h), as amended by sec. 5, ch. 1, SLA 2002, is amended to read: 05 (h) The provisions of (d) [(d)(2)] of this section do not apply to one or more 06 expenditures made by an individual acting independently of any group or nongroup 07 entity and independently of any other individual if the expenditures 08 (1) cumulatively do not exceed $250 during a calendar year; and 09 (2) are made only for billboards, signs, or printed material concerning 10 a ballot proposition as that term is defined by AS 15.13.065(c). 11 * Sec. 4. AS 15.13.040, as amended by ch. 1, SLA 2002, is amended by adding a new 12 subsection to read: 13 (k) Every individual, person, nongroup entity, or group contributing a total of 14 $500 or more to a group organized for the principal purpose of influencing the 15 outcome of a proposition shall report the contribution or contributions on a form 16 prescribed by the commission not later than 30 days after the contribution that requires 17 the contributor to report under this subsection is made. The report must include the 18 name, address, principal occupation, and employer of the individual filing the report 19 and the amount of the contribution, as well as the total amount of contributions made 20 to that group by that individual, person, nongroup entity, or group during the calendar 21 year. 22  * Sec. 5. AS 15.13.090, as amended by secs. 18 and 19, ch. 1, SLA 2002, is amended to 23 read: 24 Sec. 15.13.090. Identification of communication. (a) All 25 [ADVERTISEMENTS, BILLBOARDS, HANDBILLS, PAID-FOR TELEVISION 26 AND RADIO ANNOUNCEMENTS, AND OTHER] communications [INTENDED 27 TO INFLUENCE THE ELECTION OF A CANDIDATE OR OUTCOME OF A 28 BALLOT PROPOSITION OR QUESTION] shall be clearly identified by the words 29 "paid for by" followed by the name and address of the candidate, group, nongroup 30 entity, or individual paying for the communication [ADVERTISING]. In addition, 31 candidates and groups may [MUST] identify the name of their campaign chairperson. 01 (b) The provisions of (a) of this section do not apply when the 02 communication [ADVERTISEMENT] 03 (1) is paid for by an individual acting independently of any group or 04 nongroup entity and independently of any other individual; 05 (2) is made to influence the outcome of a ballot proposition as that 06 term is defined by AS 15.13.065(c); and 07 (3) is made for 08 (A) a billboard or sign; or 09 (B) printed material other than an advertisement made in a 10 newspaper or other periodical. 11  * Sec. 6. AS 15.13.380(c) is amended to read: 12 (c) Promptly after the final date for filing statements and reports, the 13 commission shall notify all persons who have become delinquent in filing them [, 14 INCLUDING CONTRIBUTORS WHO FAILED TO FILE A STATEMENT IN 15 ACCORDANCE WITH AS 15.13.040,] and shall make available a list of these 16 delinquents for public inspection. The commission shall also report to the attorney 17 general the names of all candidates in an election whose campaign treasurers have 18 failed to file the reports required by this chapter. 19  * Sec. 7. AS 15.13.390(a) is amended to read: 20 (a) A person who fails to register when required by AS 15.13.050(a) or who 21 fails to file a properly completed and certified report within the time required by 22 AS 15.13.040 [AS 15.13.040(d) - (f)], 15.13.060(b) - (d), [15.13.080(c),] 23 15.13.110(a)(1), (3), or (4), (e), or (f) is subject to a civil penalty of not more than $50 24 a day for each day the delinquency continues as determined by the commission subject 25 to right of appeal to the superior court. A person who fails to file a properly 26 completed and certified report within the time required by AS 15.13.110(a)(2) or 27 15.13.110(b) is subject to a civil penalty of not more than $500 a day for each day the 28 delinquency continues as determined by the commission subject to right of appeal to 29 the superior court. A person who violates a provision of this chapter, except a 30 provision requiring registration or filing of a report within a time required as otherwise 31 specified in this section, is subject to a civil penalty of not more than $50 a day for 01 each day the violation continues as determined by the commission, subject to right of 02 appeal to the superior court. An affidavit stating facts in mitigation may be submitted 03 to the commission by a person against whom a civil penalty is assessed. However, the 04 imposition of the penalties prescribed in this section or in AS 15.13.380 does not 05 excuse that person from registering or filing reports required by this chapter. 06  * Sec. 8. AS 15.13.400(4) is amended to read: 07 (4) "expenditure" 08 (A) means a purchase or a transfer of money or anything of 09 value, or promise or agreement to purchase or transfer money or anything of 10 value, incurred or made for the purpose of 11 (i) influencing the nomination or election of a candidate 12 or of any individual who files for nomination at a later date and 13 becomes a candidate; 14 (ii) use by a political party; 15 (iii) the payment by a person other than a candidate or 16 political party of compensation for the personal services of another 17 person that are rendered to a candidate or political party; or 18 (iv) influencing the outcome of a ballot proposition or 19 question; 20 (B) does not include a candidate's filing fee or the cost of 21 preparing reports and statements required by this chapter; 22 (C) includes an express communication and an  23 electioneering communication, but does not include an issues  24 communication; 25  * Sec. 9. AS 15.13.400, as amended by ch. 1, SLA 2002, is amended by adding new 26 paragraphs to read: 27 (13) "communication" means an announcement or advertisement 28 disseminated through print or broadcast media, including radio, television, cable, and 29 satellite, the Internet, or through a mass mailing, excluding those placed by an 30 individual or nongroup entity and costing $500 or less and those that do not directly or 31 indirectly identify a candidate or proposition, as that term is defined in 01 AS 15.13.065(c); 02 (14) "electioneering communication" means a communication that 03 (A) directly or indirectly identifies a candidate; 04 (B) addresses an issue of national, state, or local political 05 importance and attributes a position on that issue to the candidate identified; 06 and 07 (C) occurs within the 30 days preceding a general or municipal 08 election; 09 (15) "express communication" means a communication that includes 10 language explicitly advocating election or defeat of a candidate; 11 (16) "issues communication" means a communication that 12 (A) directly or indirectly identifies a candidate; and 13 (B) addresses an issue of national, state, or local political 14 importance, and does not support or oppose a candidate for election to public 15 office. 16  * Sec. 10. AS 15.56.014(a) is amended to read: 17 (a) A person commits the crime of campaign misconduct in the second degree 18 if the person 19 (1) knowingly circulates or has written, printed or circulated a letter, 20 circular, or publication relating to an election, to a candidate at an election, or an 21 election proposition or question without the name and address of the author appearing 22 on its face; 23 (2) except as provided by AS 15.13.090(b), knowingly prints or 24 publishes an advertisement, billboard, placard, poster, handbill, paid-for television or 25 radio announcement, or [OTHER] communication, as that term is defined in  26 AS 15.13.400, intended to influence the election of a candidate or outcome of a ballot 27 proposition or question without the words "paid for by" followed by the name and 28 address of the candidate, group, or individual paying for the advertising or 29 communication and, if a candidate or group, with the name of the campaign chair; 30 (3) knowingly makes a communication, as that term is defined in  31 AS 15.13.400, [WRITES OR PRINTS AND CIRCULATES, OR HAS WRITTEN, 01 PRINTED AND CIRCULATED, A LETTER, CIRCULAR, BILL, PLACARD, 02 POSTER, OR ADVERTISEMENT IN A NEWSPAPER, ON RADIO OR 03 TELEVISION] 04 (A) containing false factual information relating to a candidate 05 for an election; 06 (B) that the person knows to be false; and 07 (C) that would provoke a reasonable person under the 08 circumstances to a breach of the peace or that a reasonable person would 09 construe as damaging to the candidate's reputation for honesty or [,] integrity, 10 or to the candidate's qualifications to serve if elected to office. 11  * Sec. 11. AS 15.13.080 is repealed. 12  * Sec. 12. This Act takes effect immediately under AS 01.10.070(c).