SCS CSHB 157(JUD): "An Act requiring the disclosure of the identity of certain persons, groups, and nongroup entities that expend money in support of or in opposition to an application filed for a state referendum or recall election; relating to the location of offices for the Alaska Public Offices Commission and the locations at which certain statements and reports filed with the commission are made available; clarifying the limits on making, accepting, and reporting certain cash campaign contributions; relating to campaign finance reporting by certain groups; changing the date a legislator is required to report certain campaign contributions and expenditures; increasing the time the Alaska Public Offices Commission has to respond to a request for an advisory opinion; relating to penalties assessed for campaign finance violations; relating to complaints alleging campaign finance violations; repealing a reporting requirement for certain contributions; relating to contribution limits and recall campaigns; relating to the reporting of financial and business interests by municipal officers, former municipal officers, and candidates for municipal office; relating to reporting of contributions made after the date of the election by a candidate for the legislature; and providing for an effective date."
00 SENATE CS FOR CS FOR HOUSE BILL NO. 157(JUD) 01 "An Act requiring the disclosure of the identity of certain persons, groups, and 02 nongroup entities that expend money in support of or in opposition to an application 03 filed for a state referendum or recall election; relating to the location of offices for the 04 Alaska Public Offices Commission and the locations at which certain statements and 05 reports filed with the commission are made available; clarifying the limits on making, 06 accepting, and reporting certain cash campaign contributions; relating to campaign 07 finance reporting by certain groups; changing the date a legislator is required to report 08 certain campaign contributions and expenditures; increasing the time the Alaska Public 09 Offices Commission has to respond to a request for an advisory opinion; relating to 10 penalties assessed for campaign finance violations; relating to complaints alleging 11 campaign finance violations; repealing a reporting requirement for certain 12 contributions; relating to contribution limits and recall campaigns; relating to the
01 reporting of financial and business interests by municipal officers, former municipal 02 officers, and candidates for municipal office; relating to reporting of contributions made 03 after the date of the election by a candidate for the legislature; and providing for an 04 effective date." 05 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 06 * Section 1. AS 15.13.010(b) is amended to read: 07 (b) Except as otherwise provided, this chapter applies to contributions, 08 expenditures, and communications made to influence the nomination or election of 09 a candidate or for the purpose of 10 (1) influencing the outcome of a ballot proposition or question; or 11 (2) supporting or opposing 12 (A) an initiative proposal application filed under 13 AS 15.45.020; 14 (B) a referendum application filed under AS 15.45.260; or 15 (C) a recall application filed under AS 15.45.480 [AS WELL 16 AS THOSE MADE TO INFLUENCE THE NOMINATION OR ELECTION 17 OF A CANDIDATE]. 18 * Sec. 2. AS 15.13.020(j) is amended to read: 19 (j) The commission shall establish offices [AN OFFICE, WHICH MAY BE 20 CALLED A REGIONAL OFFICE, IN EACH SENATE DISTRICT IN THE STATE] 21 to keep on file for public inspection copies of all reports filed with the commission 22 [BY CANDIDATES FOR STATEWIDE OFFICE AND BY CANDIDATES FOR 23 LEGISLATIVE OFFICE IN THAT DISTRICT; HOWEVER, WHERE ONE 24 MUNICIPALITY CONTAINS MORE THAN ONE HOUSE DISTRICT, ONLY 25 ONE COMMISSION OFFICE SHALL BE ESTABLISHED IN THAT 26 MUNICIPALITY. THE REGIONAL OFFICE SHALL MAKE ALL FORMS AND 27 PERTINENT MATERIAL AVAILABLE TO CANDIDATES. ALL REPORTS 28 SHALL BE FILED BY CANDIDATES, GROUPS, AND INDIVIDUALS 29 DIRECTLY WITH THE COMMISSION'S CENTRAL DISTRICT OFFICE. THE
01 COMMISSION SHALL ENSURE THAT COPIES OF ALL REPORTS BY 02 STATEWIDE AND LEGISLATIVE CANDIDATES IN EACH SENATE DISTRICT 03 ARE FORWARDED PROMPTLY TO THAT DISTRICT OR REGIONAL OFFICE]. 04 * Sec. 3. AS 15.13.040(b) is amended to read: 05 (b) Each group shall make a full report on [UPON] a form prescribed by the 06 commission, listing 07 (1) the name and address of each officer and director; 08 (2) the aggregate amount of all contributions made to it; and, for all 09 contributions in excess of $100 in the aggregate in a calendar year, the name, address, 10 principal occupation, and employer of the contributor, and the date and amount 11 contributed by each contributor; for purposes of this paragraph, "contributor" means 12 the true source of the funds, property, or services being contributed; and 13 (3) the date and amount of all contributions made by it and all 14 expenditures made, incurred, or authorized by it. 15 * Sec. 4. AS 15.13.050(a) is amended to read: 16 (a) Before making an expenditure in support of or in opposition to a candidate 17 or before making an expenditure in support of or in opposition to a ballot proposition 18 or question or to an initiative proposal application filed [WITH THE LIEUTENANT 19 GOVERNOR] under AS 15.45.020, a referendum application filed under 20 AS 15.45.260, or a recall application filed under AS 15.45.480, each person other 21 than an individual shall register, on forms provided by the commission, with the 22 commission. 23 * Sec. 5. AS 15.13.065(c) is amended to read: 24 (c) Except for reports required by AS 15.13.040 and 15.13.110 and except for 25 the requirements of AS 15.13.050, 15.13.060, and 15.13.112 - 15.13.114, the 26 provisions of AS 15.13.010 - 15.13.116 do not apply to limit the authority of a person 27 to make contributions to influence the outcome of a ballot proposition. In this 28 subsection, [IN ADDITION TO ITS MEANING IN AS 15.80.010,] "proposition" 29 (1) includes, in addition to its meaning in AS 15.80.010, 30 (A) [(1)] an issue placed on a ballot to determine whether 31 (i) [(A)] a constitutional convention shall be called;
01 (ii) [(B)] a debt shall be contracted; 02 (iii) [(C)] an advisory question shall be approved or 03 rejected; or 04 (iv) [(D)] a municipality shall be incorporated; 05 (B) [(2)] an initiative proposal application filed [WITH THE 06 LIEUTENANT GOVERNOR] under AS 15.45.020; and 07 (C) a referendum application filed under AS 15.45.260; 08 (2) does not include a recall application filed under AS 15.45.480 09 or a recall question. 10 * Sec. 6. AS 15.13.072(b) is amended to read: 11 (b) In a calendar year, a [A] candidate or an individual who has filed with 12 the commission the document necessary to permit the individual to incur election- 13 related expenses under AS 15.13.100, or a group, may not solicit or accept a cash 14 contribution that exceeds $100. 15 * Sec. 7. AS 15.13.074(e) is amended to read: 16 (e) A person or group may not make a cash contribution that exceeds $100 in 17 a calendar year. 18 * Sec. 8. AS 15.13.110(a) is amended to read: 19 (a) Each candidate, group, and nongroup entity shall make a full report in 20 accordance with AS 15.13.040 for the period ending three days before the due date of 21 the report and beginning on the last day covered by the most recent previous report. If 22 the report is a first report, it must cover the period from the beginning of the campaign 23 to the date three days before the due date of the report. If the report is a report due 24 February 15, or a report subject to (m) of this section, it must cover the period 25 beginning on the last day covered by the most recent previous report or on the day that 26 the campaign started, whichever is later, and ending on February 1 of that year. The 27 report shall be filed 28 (1) 30 days before the election; however, this report is not required if 29 the deadline for filing a nominating petition or declaration of candidacy is within 30 30 days of the election; 31 (2) one week before the election;
01 (3) 105 days after a special election; and 02 (4) except as provided by (m) of this section, February 15 for 03 expenditures made and contributions received that were not reported previously, 04 including, if applicable, all amounts expended from a public office expense term 05 account established under AS 15.13.116(a)(8) and all amounts expended from a 06 municipal office account under AS 15.13.116(a)(9), or when expenditures were not 07 made or contributions were not received during the previous year. 08 * Sec. 9. AS 15.13.110(e) is amended to read: 09 (e) A referendum committee, person, group, or nongroup entity receiving 10 contributions exceeding $500 or making expenditures exceeding $500 in a 11 calendar year in support of or in opposition to a referendum on the ballot in a 12 statewide election or a referendum application filed with the lieutenant governor 13 under AS 15.45.260 shall file a [GROUP FORMED TO SPONSOR A 14 REFERENDUM OR A RECALL SHALL REPORT 30 DAYS AFTER ITS FIRST 15 FILING WITH THE LIEUTENANT GOVERNOR. THEREAFTER, EACH GROUP 16 SHALL] report within 10 days after the end of each calendar quarter on the 17 contributions received and expenditures made during the preceding calendar quarter 18 until reports are due under (a) and (b) of this section. If the report is a first report, it 19 must cover the period beginning the day a referendum application is filed under 20 AS 15.45.260 and ending three days before the due date of the report. 21 * Sec. 10. AS 15.13.110 is amended by adding new subsections to read: 22 (l) A recall committee, person, group, or nongroup entity receiving 23 contributions exceeding $500 or making expenditures exceeding $500 in a calendar 24 year in support of or in opposition to the recall of a public official in a statewide 25 election or a recall application filed with the lieutenant governor under AS 15.45.480 26 shall file a report within 10 days after the end of each calendar quarter on the 27 contributions received and expenditures made during the preceding calendar quarter 28 until reports are due under (a) and (b) of this section. If the report is a first report, it 29 must cover the period beginning the day a recall application is filed under 30 AS 15.45.480 and ending three days before the due date of the report. 31 (m) Notwithstanding AS 15.13.110(a)(4), a candidate who is serving as a
01 legislator shall file the report due under AS 15.13.110(a)(4) not later than 15 days after 02 the date of the adjournment of the regular legislative session. 03 (n) A candidate for the legislature shall report each contribution exceeding 04 $500 that is made on or after the date of the election to the commission by date, 05 amount, and contributor within seven days after the candidate, campaign treasurer, or 06 deputy campaign treasurer receives the contribution. 07 * Sec. 11. AS 15.13.374(c) is amended to read: 08 (c) Within seven business days after receiving a request satisfying the 09 requirements of (b) of this section, the executive director of the commission shall 10 recommend a draft advisory opinion for the commission to consider at its next 11 meeting. 12 * Sec. 12. AS 15.13.380(b) is amended to read: 13 (b) A person who believes a violation of this chapter or a regulation adopted 14 under this chapter has occurred or is occurring may file an administrative complaint 15 with the commission within two [FIVE] years after the date of the alleged violation. If 16 a member of the commission has filed the complaint, that member may not participate 17 as a commissioner in any proceeding of the commission with respect to the complaint. 18 The commission may consider a complaint on an expedited basis or a regular basis. 19 * Sec. 13. AS 15.13.390(a) is amended to read: 20 (a) Subject to (e) of this section, a [A] person who 21 (1) fails to register when required by AS 15.13.050(a) or who fails to 22 file a properly completed and certified report within the time required by 23 AS 15.13.040, 15.13.060(b) - (d), 15.13.110(a)(1), (3), or (4), (e), or (f) is subject to a 24 civil penalty of not more than $50 a day for each day the delinquency continues as 25 determined by the commission subject to right of appeal to the superior court. A 26 person who fails to file a properly completed and certified report within the time 27 required by AS 15.13.110(a)(2) or 15.13.110(b) is subject to a civil penalty of not 28 more than $500 a day for each day the delinquency continues as determined by the 29 commission subject to right of appeal to the superior court; 30 (2) whether as a contributor or intermediary, delays in reporting a 31 contribution as required by AS 15.13.040(r) is subject to a civil penalty of not more
01 than $1,000 a day for each day the delinquency continues as determined by the 02 commission subject to right of appeal to the superior court; 03 (3) whether as a contributor or intermediary, misreports or fails to 04 disclose the true source of a contribution in violation of AS 15.13.040(r) or 05 15.13.074(b) is subject to a civil penalty of not more than the amount of the 06 contribution that is the subject of the misreporting or failure to disclose; upon a 07 showing that the violation was intentional, a civil penalty of not more than three times 08 the amount of the contribution in violation may be imposed; these penalties as 09 determined by the commission are subject to right of appeal to the superior court; 10 (4) violates a provision of this chapter, except as otherwise specified in 11 this section, is subject to a civil penalty of not more than $50 a day for each day the 12 violation continues as determined by the commission, subject to right of appeal to the 13 superior court; and 14 (5) is assessed a civil penalty may submit to the commission an 15 affidavit stating facts in mitigation; however, the imposition of the penalties 16 prescribed in this section or in AS 15.13.380 does not excuse that person from 17 registering or filing reports required by this chapter. 18 * Sec. 14. AS 15.13.390(d) is amended to read: 19 (d) When an action has been filed in the superior court under AS 15.13.380, 20 upon proof of the violation, the court shall enter a judgment in the amount of the civil 21 penalty authorized to be collected under [BY (a) OF] this section. 22 * Sec. 15. AS 15.13.390(e) is amended to read: 23 (e) If the commission or superior court finds that the violation was 24 (1) not a repeat violation or was not part of a series or pattern of 25 violations, was inadvertent, was quickly corrected, and had no adverse effect on 26 another [THE] campaign [OF ANOTHER], the commission or the court may 27 (A) [(1)] suspend imposition of the penalties; and 28 (B) [(2)] order the penalties set aside if the person does not 29 engage in a similar violation for a period of one year; 30 (2) inadvertently committed by a candidate, the maximum 31 financial penalty the commission or the court may impose may not exceed 20
01 percent of the total contributions made to the candidate's campaign. 02 * Sec. 16. AS 15.13.400(4) is amended to read: 03 (4) "contribution" 04 (A) means a purchase, payment, promise or obligation to pay, 05 loan or loan guarantee, deposit or gift of money, goods, or services for which 06 charge is ordinarily made, and includes the payment by a person other than a 07 candidate or political party or other group, or compensation for the personal 08 services of another person, that is rendered to the candidate or political party 09 or other group [,] and that is made for the purpose of 10 (i) influencing the nomination or election of a 11 candidate; 12 (ii) influencing a ballot proposition or question; or 13 (iii) supporting or opposing an initiative proposal 14 application filed [WITH THE LIEUTENANT GOVERNOR] under 15 AS 15.45.020, a referendum application filed under AS 15.45.260, 16 or a recall application filed under AS 15.45.480; 17 (B) does not include 18 (i) services provided without compensation by 19 individuals volunteering a portion or all of their time on behalf of a 20 political party, candidate, or ballot proposition or question; 21 (ii) ordinary hospitality in a home; 22 (iii) two or fewer mass mailings before each election by 23 each political party describing members of the party running as 24 candidates for public office in that election, which may include 25 photographs, biographies, and information about the candidates; 26 (iv) the results of a poll limited to issues and not 27 mentioning any candidate, unless the poll was requested by or designed 28 primarily to benefit the candidate; 29 (v) any communication in the form of a newsletter from 30 a legislator to the legislator's constituents, except a communication 31 expressly advocating the election or defeat of a candidate or a
01 newsletter or material in a newsletter that is clearly only for the private 02 benefit of a legislator or a legislative employee; 03 (vi) a fundraising list provided without compensation 04 by one candidate or political party to a candidate or political party; or 05 (vii) an opportunity to participate in a candidate forum provided to a candidate 06 without compensation to the candidate by another person and for which a candidate is 07 not ordinarily charged; 08 * Sec. 17. AS 15.13.400(7) is amended to read: 09 (7) "expenditure" 10 (A) means a purchase or a transfer of money or anything of 11 value, or promise or agreement to purchase or transfer money or anything of 12 value, incurred or made for the purpose of 13 (i) influencing the nomination or election of a candidate 14 or of any individual who files for nomination at a later date and 15 becomes a candidate; 16 (ii) use by a political party; 17 (iii) the payment by a person other than a candidate or 18 political party of compensation for the personal services of another 19 person that are rendered to a candidate or political party; 20 (iv) influencing the outcome of a ballot proposition or 21 question; or 22 (v) supporting or opposing an initiative proposal 23 application filed [WITH THE LIEUTENANT GOVERNOR] under 24 AS 15.45.020, a referendum application filed under AS 15.45.260, 25 or a recall application filed under AS 15.45.480; 26 (B) does not include a candidate's filing fee or the cost of 27 preparing reports and statements required by this chapter; 28 (C) includes an express communication and an electioneering 29 communication, but does not include an issues communication; 30 * Sec. 18. AS 15.13.400(9) is amended to read: 31 (9) "group" means
01 (A) every state and regional executive committee of a political 02 party; 03 (B) any combination of two or more individuals acting jointly 04 who organize for the principal purpose of influencing the outcome of one or 05 more elections and who take action the major purpose of which is to influence 06 the outcome of an election; a group that makes expenditures or receives 07 contributions with the authorization or consent, express or implied, or under 08 the control, direct or indirect, of a candidate shall be considered to be 09 controlled by that candidate; a group whose major purpose is to further the 10 nomination, election, or candidacy of only one individual, or intends to expend 11 more than 50 percent of its money on a single candidate, shall be considered to 12 be controlled by that candidate and its actions done with the candidate's 13 knowledge and consent unless, within 10 days from the date the candidate 14 learns of the existence of the group the candidate files with the commission, on 15 a form provided by the commission, an affidavit that the group is operating 16 without the candidate's control; a group organized for more than one year 17 preceding an election and endorsing candidates for more than one office or 18 more than one political party is presumed not to be controlled by a candidate; 19 however, a group that contributes more than 50 percent of its money to or on 20 behalf of one candidate shall be considered to support only one candidate for 21 purposes of AS 15.13.070, whether or not control of the group has been 22 disclaimed by the candidate; and 23 (C) any combination of two or more individuals acting jointly 24 who organize for the principal purpose of filing 25 (i) an initiative proposal application under 26 AS 15.45.020 or who file an initiative proposal application under 27 AS 15.45.020; 28 (ii) a referendum application under AS 15.45.260 or 29 who file a referendum application under AS 15.45.260; or 30 (iii) a recall application under AS 15.45.480 or who file a recall 31 application under AS 15.45.480;
01 * Sec. 19. AS 24.45.091 is amended to read: 02 Sec. 24.45.091. Publication of reports. Copies of the statements and reports 03 filed under this chapter shall be made available to the public at the commission's 04 offices and on the commission's Internet website [CENTRAL OFFICE, THE 05 OFFICE OF THE LIEUTENANT GOVERNOR, THE LEGISLATIVE REFERENCE 06 LIBRARY OF THE LEGISLATIVE AFFAIRS AGENCY, AND AT THE 07 COMMISSION'S DISTRICT OFFICES PRESCRIBED IN AS 15.13.020(j)] as soon 08 as practicable after each reporting period. 09 * Sec. 20. AS 24.45.111(b) is amended to read: 10 (b) The commission shall preserve the statements and reports required to be 11 filed under this chapter for a period of six years from the date of filing. Copies [IF 12 THE COMMISSION'S CENTRAL OFFICE IS NOT IN THE STATE CAPITAL, 13 COPIES] of all statements and reports filed under this chapter shall be maintained in 14 the commission's offices and be made available on the commission's Internet 15 website [AN OFFICE ESTABLISHED BY THE COMMISSION IN THE STATE 16 CAPITAL OR IN THE OFFICE OF THE LIEUTENANT GOVERNOR]. 17 * Sec. 21. AS 39.50.020(b) is amended to read: 18 (b) A public official, [OR] former public official, or candidate for municipal 19 office [OTHER THAN AN ELECTED OR APPOINTED MUNICIPAL OFFICER] 20 shall file the statement with the Alaska Public Offices Commission. Candidates for the 21 office of governor and lieutenant governor and, if the candidate is not subject to 22 AS 24.60, the legislature shall file the statement under AS 15.25.030. The Alaska 23 Public Offices Commission shall provide copies of the statements filed by 24 municipal [MUNICIPAL] officers, former municipal officers, and candidates for 25 elective municipal office to [SHALL FILE WITH] the applicable municipal clerk or 26 other municipal official designated to receive the statements [THEIR FILING FOR 27 OFFICE]. All statements required to be filed under this chapter are public records. 28 * Sec. 22. AS 15.13.040(k) is repealed. 29 * Sec. 23. The uncodified law of the State of Alaska is amended by adding a new section to 30 read: 31 APPLICABILITY. This Act applies only to a referendum or recall for which the
01 application is filed with the lieutenant governor under AS 15.45.260 or 15.45.480, 02 respectively, on or after the effective date of this Act. 03 * Sec. 24. This Act takes effect January 1, 2023.