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CSHB 358(FIN): "An Act relating to an advertising campaign in support of opening the Arctic National Wildlife Refuge for development."

00                       CS FOR HOUSE BILL NO. 358(FIN)                                                                    
01 "An Act relating to an advertising campaign in support of opening the Arctic National                                   
02 Wildlife Refuge for development."                                                                                       
03 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA:                                                                
04    * Section 1. The uncodified law of the State of Alaska is amended by adding a new section                          
05 to read:                                                                                                                
06       ADVERTISING CAMPAIGN FOR OPENING THE ARCTIC NATIONAL                                                              
07 WILDLIFE REFUGE. (a) Subject to appropriations for the purpose, the Department of                                       
08 Commerce, Community, and Economic Development shall contract with a single qualified                                    
09 trade association for the purpose of planning and executing an advertising campaign                                     
10 advocating the opening of the Arctic National Wildlife Refuge for the purpose of resource                               
11 development in the 10-02 area. The contract may be awarded only if the qualified trade                                  
12 association provides matching funds equal to at least 50 percent of the cost of the advertising                         
13 campaign described in the contract. Before the contract is executed, the advertising campaign                           
14 plan must be approved by the department.                                                                                
01       (b)  The contract awarded under (a) of this section must include essential components                             
02 identified by the department.                                                                                           
03       (c)  If, during the term of a contract awarded under (a) of this section, funds are                               
04 appropriated to the department for an advertising campaign advocating the opening of the                                
05 Arctic National Wildlife Refuge for the purpose of resource development that are in addition                            
06 to the funds already committed under the contract, the contract may be amended to include                               
07 the additional funds and any additional activities required by the appropriation. The                                   
08 department may require the qualified trade association to provide matching funds in any                                 
09 amount for the additional funds, or the department may impose no matching requirement for                               
10 the additional funds.                                                                                                   
11       (d)  Materials produced under a contract awarded under (a) of this section                                        
12            (1)  are the joint property of the qualified trade association and the department;                           
13            (2)  may not be used by the state or the qualified trade organization except as                              
14 provided in the contract entered into under (a) of this section;                                                        
15            (3)  are not public records under AS 40.25.100 - 40.25.220.                                                  
16       (e)  A qualified trade association may not use money from a contract awarded under                                
17 (a) of this section                                                                                                     
18            (1)  to lobby a municipality or an agency of a municipality or to lobby the state                            
19 or an agency of the state, as those terms are defined in AS 44.99.030(b);                                               
20            (2)  to raise funds that will be used to lobby a municipality or an agency of a                              
21 municipality or to lobby the state or an agency of the state, as those terms are defined in                             
22 AS 44.99.030(b);                                                                                                        
23            (3)  for administrative or overhead costs that directly support any effort to                                
24 lobby a municipality or an agency of a municipality or to lobby the state or an agency of the                           
25 state, as those terms are defined in AS 44.99.030(b); or                                                                
26            (4)  in an advertising campaign that refers to a particular elected official or                              
27 candidate for public office or specifically promotes or criticizes a political party.                                   
28       (f)  The provisions of AS 36.30 do not apply to the award of a contract under (a) of                              
29 this section. A qualified trade association may, under the performance of a contract awarded                            
30 under (a) of this section, award a subcontract only on a competitive basis after providing                              
31 adequate notice of the availability of the subcontract and considering all responses.                                   
01       (g)  In this section,                                                                                             
02            (1)  "department" means the Department of Commerce, Community, and                                           
03 Economic Development;                                                                                                   
04            (2)  "qualified trade association" means a private, nonprofit organization whose                             
05 primary purposes include the promotion of resource development in the state and that is                                 
06 broadly representative of different segments of the resource industry in the state.                                     
07    * Sec. 2. Section 1 of this Act is repealed July 1, 2015.