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SB 5: "An Act prohibiting groups controlled by a legislator from soliciting and accepting contributions or from making certain contributions and expenditures during a regular or special legislative session; and prohibiting some lobbyists from making campaign contributions to certain groups."

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 AS 15.13.074(g) is repealed and reenacted to read:                                                       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