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 AS 15.13.074(g) is repealed and reenacted to read: 11 (g) Except as provided in (j) of this section, an individual required to register 12 as a lobbyist under AS 24.45 may not, at any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