txt

HB 227: "An Act prohibiting a legislator from controlling a group that solicits and accepts contributions or makes certain contributions and expenditures; and prohibiting some lobbyists from making campaign contributions to certain groups."

00                             HOUSE BILL NO. 227                                                                          
01 "An Act prohibiting a legislator from controlling a group that solicits and accepts                                     
02 contributions or makes certain contributions and expenditures; and prohibiting some                                     
03 lobbyists from making campaign contributions to certain groups."                                                        
04 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA:                                                                
05    * Section 1. AS 15.13.072 is amended by adding a new subsection to read:                                           
06            (i)  A legislator may not control a group that solicits or accepts a contribution                            
07       for the purpose of influencing the outcome of an election under this chapter.                                     
08    * Sec. 2. AS 15.13.074(g) is repealed and reenacted to read:                                                       
09            (g)  Except as provided in (j) of this section, an individual required to register                           
10 as a lobbyist under AS 24.45 may not, at any time the individual is subject to the                                      
11 registration requirement under AS 24.45 and for one year after the date of the                                          
12 individual's initial registration or its renewal, make a contribution to a candidate for                                
13       the legislature or to a group that                                                                                
14                 (1)  is controlled by an individual who files for election to the state                                 
01       legislature or campaigns as a write-in candidate for the state legislature; and                                   
02                 (2)  makes expenditures or receives contributions to influence the                                      
03       outcome of an election under this chapter.                                                                        
04    * Sec. 3. AS 15.13.074 is amended by adding new subsections to read:                                               
05 (j)  An individual required to register as a lobbyist under AS 24.45 may make a                                         
06 contribution to a candidate for the legislature in the district in which the individual is                              
07 eligible to vote or will be eligible to vote on the date of the election. An individual                                 
08 who makes a contribution under this subsection shall report to the commission, on a                                     
09 form provided by the commission, each contribution made while required to register                                      
10 as a lobbyist under AS 24.45 and for one year after the date of the individual's initial                                
11 registration or renewal. Upon request of the commission, the information required                                       
12 under this subsection shall be submitted electronically. In this subsection, "candidate"                                
13 means an individual who files for election to the legislature or who campaigns as a                                     
14       write-in candidate for the legislature.                                                                           
15 (k)  The restriction on contributions by an individual required to register as a                                        
16 lobbyist under AS 24.45 in (g) of this section and the reporting requirement of (j) of                                  
17 this section do not apply to a representational lobbyist as defined in regulations of the                               
18       commission.                                                                                                       
19    * Sec. 4. AS 15.13.082 is amended by adding a new subsection to read:                                              
20 (d)  A legislator may not control a group that makes contributions or                                                   
21 expenditures for the purpose of influencing the outcome of an election under this                                       
22       chapter.                                                                                                          
23    * Sec. 5. AS 15.13.400 is amended to read:                                                                         
24 Sec. 15.13.400. Definitions. In this chapter, unless the context clearly                                          
25       requires otherwise,                                                                                           
26                 (1)  "candidate"                                                                                        
27 (A)  means an individual who files for election to the state                                                            
28 legislature, for governor, for lieutenant governor, for municipal office, for                                           
29 retention in judicial office, or for constitutional convention delegate, or who                                         
30            campaigns as a write-in candidate for any of these offices; and                                              
31 (B)  when used in a provision of this chapter that limits or                                                            
01            prohibits the donation, solicitation, or acceptance of campaign contributions, or                            
02            limits or prohibits an expenditure, includes                                                                 
03                           (i)  a candidate's campaign treasurer and a deputy                                            
04                 campaign treasurer;                                                                                     
05                           (ii)  a member of the candidate's immediate family;                                           
06                           (iii)  a person acting as agent for the candidate;                                            
07                           (iv)  the candidate's campaign committee; and                                                 
08                           (v)  a group that makes expenditures or receives                                              
09                 contributions with the authorization or consent, express or implied, or                                 
10                 under the control, direct or indirect, of the candidate;                                                
11                 (2)  "commission" means the Alaska Public Offices Commission;                                           
12 (3)  "communication" means an announcement or advertisement                                                             
13 disseminated through print or broadcast media, including radio, television, cable, and                                  
14 satellite, the Internet, or through a mass mailing, excluding those placed by an                                        
15 individual or nongroup entity and costing $500 or less and those that do not directly or                                
16 indirectly identify a candidate or proposition, as that term is defined in                                              
17       AS 15.13.065(c);                                                                                                  
18                 (4)  "contribution"                                                                                     
19 (A)  means a purchase, payment, promise or obligation to pay,                                                           
20 loan or loan guarantee, deposit or gift of money, goods, or services for which                                          
21 charge is ordinarily made, and includes the payment by a person other than a                                            
22 candidate or political party, or compensation for the personal services of                                              
23 another person, that is rendered to the candidate or political party, and that is                                       
24            made for the purpose of                                                                                      
25 (i)  influencing the nomination or election of a                                                                        
26                 candidate;                                                                                              
27                           (ii)  influencing a ballot proposition or question; or                                        
28 (iii)  supporting or opposing an initiative proposal                                                                    
29                 application filed with the lieutenant governor under AS 15.45.020;                                      
30                      (B)  does not include                                                                              
31 (i)  services provided without compensation by                                                                          
01                 individuals volunteering a portion or all of their time on behalf of a                                  
02                 political party, candidate, or ballot proposition or question;                                          
03                           (ii)  ordinary hospitality in a home;                                                         
04 (iii)  two or fewer mass mailings before each election by                                                               
05 each political party describing the party's slate of candidates for                                                     
06 election, which may include photographs, biographies, and information                                                   
07                 about the party's candidates;                                                                           
08                           (iv)  the results of a poll limited to issues and not                                         
09                 mentioning any candidate, unless the poll was requested by or designed                                  
10                 primarily to benefit the candidate;                                                                     
11 (v)  any communication in the form of a newsletter from                                                                 
12 a legislator to the legislator's constituents, except a communication                                                   
13 expressly advocating the election or defeat of a candidate or a                                                         
14 newsletter or material in a newsletter that is clearly only for the private                                             
15                 benefit of a legislator or a legislative employee;                                                      
16 (vi)  a fundraising list provided without compensation                                                                  
17                 by one candidate or political party to a candidate or political party; or                               
18 (vii)  an opportunity to participate in a candidate forum                                                               
19 provided to a candidate without compensation to the candidate by                                                        
20                 another person and for which a candidate is not ordinarily charged;                                     
21                 (5)  "electioneering communication" means a communication that                                          
22                      (A)  directly or indirectly identifies a candidate;                                                
23 (B)  addresses an issue of national, state, or local political                                                          
24 importance and attributes a position on that issue to the candidate identified;                                         
25            and                                                                                                          
26 (C)  occurs within the 30 days preceding a general or municipal                                                         
27            election;                                                                                                    
28                 (6)  "expenditure"                                                                                      
29 (A)  means a purchase or a transfer of money or anything of                                                             
30 value, or promise or agreement to purchase or transfer money or anything of                                             
31            value, incurred or made for the purpose of                                                                   
01                           (i)  influencing the nomination or election of a candidate                                    
02                 or of any individual who files for nomination at a later date and                                       
03                 becomes a candidate;                                                                                    
04                           (ii)  use by a political party;                                                               
05                           (iii)  the payment by a person other than a candidate or                                      
06                 political party of compensation for the personal services of another                                    
07                 person that are rendered to a candidate or political party;                                             
08                           (iv)  influencing the outcome of a ballot proposition or                                      
09                 question; or                                                                                            
10 (v)  supporting or opposing an initiative proposal                                                                      
11                 application filed with the lieutenant governor under AS 15.45.020;                                      
12 (B)  does not include a candidate's filing fee or the cost of                                                           
13            preparing reports and statements required by this chapter;                                                   
14 (C)  includes an express communication and an electioneering                                                            
15            communication, but does not include an issues communication;                                                 
16 (7)  "express communication" means a communication that, when read                                                      
17 as a whole and with limited reference to outside events, is susceptible of no other                                     
18 reasonable interpretation but as an exhortation to vote for or against a specific                                       
19       candidate;                                                                                                        
20                 (8)  "group" means                                                                                      
21 (A)  every state and regional executive committee of a political                                                        
22            party;                                                                                                       
23 (B)  any combination of two or more individuals acting jointly                                                          
24 who organize for the principal purpose of influencing the outcome of one or                                             
25 more elections and who take action the major purpose of which is to influence                                           
26 the outcome of an election; a group that makes expenditures or receives                                                 
27 contributions with the authorization or consent, express or implied, or under                                           
28 the control, direct or indirect, of a candidate shall be considered to be                                               
29 controlled by that candidate; a group whose major purpose is to further the                                             
30 nomination, election, or candidacy of only one individual, or intends to expend                                         
31 more than 50 percent of its money on a single candidate, shall be considered to                                         
01 be controlled by that candidate and its actions done with the candidate's                                               
02 knowledge and consent unless, within 10 days from the date the candidate                                                
03 learns of the existence of the group the candidate files with the commission, on                                        
04 a form provided by the commission, an affidavit that the group is operating                                             
05 without the candidate's control; a group organized for more than one year                                               
06 preceding an election and endorsing candidates for more than one office or                                              
07 more than one political party is presumed not to be controlled by a candidate;                                          
08 however, a group that contributes more than 50 percent of its money to or on                                            
09 behalf of one candidate shall be considered to support only one candidate for                                           
10 purposes of AS 15.13.070, whether or not control of the group has been                                                  
11            disclaimed by the candidate; and                                                                             
12 (C)  any combination of two or more individuals acting jointly                                                          
13 who organize for the principal purpose of filing an initiative proposal                                                 
14 application under AS 15.45.020 or who file an initiative proposal application                                           
15            under AS 15.45.020;                                                                                          
16 (9)  "immediate family" means the spouse, parent, child, including a                                                    
17       stepchild and an adopted child, and sibling of an individual;                                                     
18 (10)  "independent expenditure" means an expenditure that is made                                                       
19 without the direct or indirect consultation or cooperation with, or at the suggestion or                                
20 the request of, or with the prior consent of, a candidate, a candidate's campaign                                       
21 treasurer or deputy campaign treasurer, or another person acting as a principal or agent                                
22       of the candidate;                                                                                                 
23                 (11)  "individual" means a natural person;                                                              
24                 (12)  "issues communication" means a communication that                                                 
25                      (A)  directly or indirectly identifies a candidate; and                                            
26 (B)  addresses an issue of national, state, or local political                                                          
27 importance and does not support or oppose a candidate for election to public                                            
28            office;                                                                                                      
29 (13)  "nongroup entity" means a person, other than an individual, that                                                  
30 takes action the major purpose of which is to influence the outcome of an election, and                                 
31       that                                                                                                              
01                      (A)  cannot participate in business activities;                                                    
02                      (B)  does not have shareholders who have a claim on corporate                                      
03            earnings; and                                                                                                
04                      (C)  is independent from the influence of business corporations.                                   
05                 (14)  "person" has the meaning given in AS 01.10.060, and includes a                                    
06       labor union, nongroup entity, and a group;                                                                        
07 (15)  "political party" means any group that is a political party under                                                 
08 AS 15.80.010 and any subordinate unit of that group if, consistent with the rules or                                    
09 bylaws of the political party, the unit conducts or supports campaign operations in a                                   
10       municipality, neighborhood, house district, or precinct;                                                          
11                 (16)  "publicly funded entity" means a person, other than an individual,                                
12       that receives half or more of the money on which it operates during a calendar year                               
13       from government, including a public corporation.