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CSSB 363(STA): "An Act relating to communications and elections, to reporting of contributions and expenditures, and to campaign misconduct in the second degree; relating to disclosure by individuals of contributions to candidates; and providing for an effective date."

00                       CS FOR SENATE BILL NO. 363(STA)                                                                   
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  AS 15.13.040(d) is repealed and reenacted to read:                                                   
06            (d)  Every individual, person, or group making an expenditure shall make a full                              
07       report of expenditures, upon a form prescribed by the commission, unless exempt                                   
08       from reporting.                                                                                                   
09    * Sec. 2.  AS 15.13.040(e) is amended to read:                                                                     
10            (e)  The report required under (d) of this section must contain the name,                                    
11       address, principal occupation, and employer of the individual filing the report, and an                           
12       itemized list of expenditures.  The report shall be filed with the commission [BY THE                             
13       CONTRIBUTOR] no later than 10 days after the [CONTRIBUTION OR] expenditure                                        
14       is made.  [A COPY OF THE REPORT SHALL BE FURNISHED TO THE                                                         
01       CANDIDATE, CAMPAIGN TREASURER, OR DEPUTY CAMPAIGN                                                                 
02       TREASURER AT THE TIME THE CONTRIBUTION IS MADE.]                                                                  
03    * Sec. 3.  AS 15.13.040(h) is amended to read:                                                                     
04            (h)  The provisions of (d) [(d)(2)] of this section do not apply to one or more                          
05       expenditures made by an individual acting independently of any group and                                          
06       independently of any other individual if the expenditures                                                         
07                 (1)  cumulatively do not exceed $250 during a calendar year; and                                        
08                 (2)  are made only for billboards, signs, or printed material concerning                                
09       a ballot proposition as that term is defined by AS 15.13.065(c).                                                  
10    * Sec. 4.  AS 15.13.090 is amended to read:                                                                        
11            Sec. 15.13.090.  Identification of communication.  (a)  All                                                
12       [ADVERTISEMENTS, BILLBOARDS, HANDBILLS, PAID-FOR TELEVISION                                                       
13       AND RADIO ANNOUNCEMENTS, AND OTHER] communications [INTENDED                                                      
14       TO INFLUENCE THE ELECTION OF A CANDIDATE OR OUTCOME OF A                                                          
15       BALLOT PROPOSITION OR QUESTION] shall be clearly identified by the words                                          
16       "paid for by" followed by the name and address of the candidate, group, or individual                             
17       paying for the advertising.  In addition, candidates and groups must identify the name                            
18       of their campaign chairperson.                                                                                    
19            (b)  The provisions of (a) of this section do not apply when the                                             
20       communication [ADVERTISEMENT]                                                                                 
21                 (1)  is paid for by an individual acting independently of any group and                                 
22       independently of any other individual;                                                                            
23                 (2)  is made to influence the outcome of a ballot proposition as that                                   
24       term is defined by AS 15.13.065(c); and                                                                           
25                 (3)  is made for                                                                                        
26                      (A)  a billboard or sign; or                                                                       
27                      (B)  printed material other than an advertisement made in a                                        
28            newspaper or other periodical.                                                                               
29    * Sec. 5.  AS 15.13.380(c) is amended to read:                                                                     
30            (c)  Promptly after the final date for filing statements and reports, the                                    
31       commission shall notify all persons who have become delinquent in filing them [,                                  
01       INCLUDING CONTRIBUTORS WHO FAILED TO FILE A STATEMENT IN                                                          
02       ACCORDANCE WITH AS 15.13.040,] and shall make available a list of these                                           
03       delinquents for public inspection.  The commission shall also report to the attorney                              
04       general the names of all candidates in an election whose campaign treasurers have                                 
05       failed to file the reports required by this chapter.                                                              
06    * Sec. 6.  AS 15.13.390(a) is amended to read:                                                                     
07            (a)  A person who fails to register when required by AS 15.13.050(a) or who                                  
08       fails to file a properly completed and certified report within the time required by                               
09       AS 15.13.040 [AS 15.13.040(d) - (f)], 15.13.060(b) - (d), [15.13.080(c),]                                     
10       15.13.110(a)(1), (3), or (4), (e), or (f) is subject to a civil penalty of not more than $50                      
11       a day for each day the delinquency continues as determined by the commission subject                              
12       to right of appeal to the superior court.  A person who fails to file a properly                                  
13       completed and certified report within the time required by AS 15.13.110(a)(2) or                                  
14       15.13.110(b) is subject to a civil penalty of not more than $500 a day for each day the                           
15       delinquency continues as determined by the commission subject to right of appeal to                               
16       the superior court.  A person who violates a provision of this chapter, except a                                  
17       provision requiring registration or filing of a report within a time required as otherwise                        
18       specified in this section, is subject to a civil penalty of not more than $50 a day for                           
19       each day the violation continues as determined by the commission, subject to right of                             
20       appeal to the superior court.  An affidavit stating facts in mitigation may be submitted                          
21       to the commission by a person against whom a civil penalty is assessed.  However, the                             
22       imposition of the penalties prescribed in this section or in AS 15.13.380 does not                                
23       excuse that person from registering or filing reports required by this chapter.                                   
24    * Sec. 7.  AS 15.13.400(4) is amended to read:                                                                     
25                 (4)  "expenditure"                                                                                      
26                      (A)  means a purchase or a transfer of money or anything of                                        
27            value, or promise or agreement to purchase or transfer money or anything of                                  
28            value, incurred or made for the purpose of                                                                   
29                           (i)  influencing the nomination or election of a candidate                                    
30                 or of any individual who files for nomination at a later date and                                       
31                 becomes a candidate;                                                                                    
01                           (ii)  use by a political party;                                                               
02                           (iii)  the payment by a person other than a candidate or                                      
03                 political party of compensation for the personal services of another                                    
04                 person that are rendered to a candidate or political party; or                                          
05                           (iv)  influencing the outcome of a ballot proposition or                                      
06                 question;                                                                                               
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                                                  
10            electioneering communication, but does not include an issues                                             
11            communication;                                                                                           
12    * Sec. 8.  AS 15.13.400 is amended by adding new paragraphs to read:                                               
13                 (13)  "communication" means an announcement or advertisement                                            
14       disseminated through print or broadcast media, including radio, television, cable, and                            
15       satellite, the Internet, or through a mass mailing, excluding those placed by an                                  
16       individual or nongroup entity and costing $500 or less and those that do not directly or                          
17       indirectly identify a candidate;                                                                                  
18                 (14)  "electioneering communication" means a communication that                                         
19                      (A)  directly or indirectly identifies a candidate;                                                
20                      (B)  addresses an issue of national, state, or local political                                     
21            importance and attributes a position on that issue to the candidate identified;                              
22            and                                                                                                          
23                      (C)  occurs within the 30 days preceding a primary election or a                                   
24            municipal election, or within the 60 days preceding a general election;                                      
25                 (15)  "express communication" means a communication that, when                                          
26       read as a whole, and with limited reference to external events, is susceptible of no                              
27       other reasonable interpretation but as an exhortation to vote for or against a specific                           
28       candidate;                                                                                                        
29                 (16)  "issues communication" means a communication that                                                 
30                      (A)  directly or indirectly identifies a candidate; and                                            
31                      (B)  addresses an issue of national, state, or local political                                     
01            importance.                                                                                                  
02    * Sec. 9.  AS 15.56.014(a) is amended to read:                                                                     
03            (a)  A person commits the crime of campaign misconduct in the second degree                                  
04       if the person                                                                                                     
05                 (1)  knowingly circulates or has written, printed or circulated a letter,                               
06       circular, or publication relating to an election, to a candidate at an election, or an                            
07       election proposition or question without the name and address of the author appearing                             
08       on its face;                                                                                                      
09                 (2)  except as provided by AS 15.13.090(b), knowingly prints or                                         
10       publishes an advertisement, billboard, placard, poster, handbill, paid-for television or                          
11       radio announcement, or [OTHER] communication, as that term is defined in                                      
12       AS 15.13.400, intended to influence the election of a candidate or outcome of a ballot                        
13       proposition or question without the words "paid for by" followed by the name and                                  
14       address of the candidate, group, or individual paying for the advertising or                                      
15       communication and, if a candidate or group, with the name of the campaign chair;                                  
16                 (3)  knowingly makes a communication, as that term is defined in                                    
17       AS 15.13.400, [WRITES OR PRINTS AND CIRCULATES, OR HAS WRITTEN,                                               
18       PRINTED AND CIRCULATED, A LETTER, CIRCULAR, BILL, PLACARD,                                                        
19       POSTER, OR ADVERTISEMENT IN A NEWSPAPER, ON RADIO OR                                                              
20       TELEVISION]                                                                                                       
21                      (A)  containing false factual information relating to a candidate                                  
22            for an election;                                                                                             
23                      (B)  that the person knows to be false; and                                                        
24                      (C)  that would provoke a reasonable person under the                                              
25            circumstances to a breach of the peace or that a reasonable person would                                     
26            construe as damaging to the candidate's reputation for honesty or [,] integrity,                         
27            or to the candidate's qualifications to serve if elected to office.                                      
28    * Sec. 10.  AS 15.13.080 is repealed.                                                                              
29    * Sec. 11.  This Act takes effect immediately under AS 01.10.070(c).