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  AS 15.13.040(d) is repealed and reenacted to read:                                                   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