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HCS CSSB 363(RLS): "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                HOUSE CS FOR CS FOR SENATE BILL NO. 363(RLS)                                                             
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  AS 15.13.040(d), as amended by sec. 4, ch. 1, SLA 2002, is repealed and                              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, automatic telemarketing, or through a mass mailing, excluding                            
30       those placed by an individual or nongroup entity and costing $500 or less and those                               
31       that do not directly or indirectly identify a candidate or proposition, as that term is                           
01       defined in 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.                                                                                                  
15    * Sec. 10.  AS 15.56.014(a) is amended to read:                                                                    
16            (a)  A person commits the crime of campaign misconduct in the second degree                                  
17       if the person                                                                                                     
18                 (1)  knowingly circulates or has written, printed or circulated a letter,                               
19       circular, or publication relating to an election, to a candidate at an election, or an                            
20       election proposition or question without the name and address of the author appearing                             
21       on its face;                                                                                                      
22                 (2)  except as provided by AS 15.13.090(b), knowingly prints or                                         
23       publishes an advertisement, billboard, placard, poster, handbill, paid-for television or                          
24       radio announcement, or [OTHER] communication, as that term is defined in                                      
25       AS 15.13.400, intended to influence the election of a candidate or outcome of a ballot                        
26       proposition or question without the words "paid for by" followed by the name and                                  
27       address of the candidate, group, or individual paying for the advertising or                                      
28       communication and, if a candidate or group, with the name of the campaign chair;                                  
29                 (3)  knowingly makes a communication, as that term is defined in                                    
30       AS 15.13.400, [WRITES OR PRINTS AND CIRCULATES, OR HAS WRITTEN,                                               
31       PRINTED AND CIRCULATED, A LETTER, CIRCULAR, BILL, PLACARD,                                                        
01       POSTER, OR ADVERTISEMENT IN A NEWSPAPER, ON RADIO OR                                                              
02       TELEVISION]                                                                                                       
03                      (A)  containing false factual information relating to a candidate                                  
04            for an election;                                                                                             
05                      (B)  that the person knows to be false; and                                                        
06                      (C)  that would provoke a reasonable person under the                                              
07            circumstances to a breach of the peace or that a reasonable person would                                     
08            construe as damaging to the candidate's reputation for honesty or [,] integrity,                         
09            or to the candidate's qualifications to serve if elected to office.                                      
10    * Sec. 11.  AS 15.13.080 is repealed.                                                                              
11    * Sec. 12.  This Act takes effect immediately under AS 01.10.070(c).