00 HOUSE BILL NO. 177 01 "An Act placing certain special interest organizations within the definition of 'group' for 02 purposes of Alaska's campaign finance statutes; providing a contingent amendment to 03 take effect in case subjecting these organizations to all of the statutory requirements 04 pertaining to groups is held by a court to be unconstitutional; requiring certain 05 organizations to disclose contributions made to them and expenditures made by them; 06 requiring disclosure of the true source of campaign contributions; and providing for an 07 effective date." 08 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 09 * Section 1. The uncodified law of the State of Alaska is amended by adding a new section 10 to read: 11 SHORT TITLE. This Act may be known as the Full Disclosure of Campaign Finance 12 Act. 13  * Sec. 2. AS 15.13.040(b) is amended to read: 01 (b) Each group shall make a full report upon a form prescribed by the 02 commission, listing 03 (1) the name and address of each officer and director; 04 (2) the aggregate amount of all contributions made to it; and, for all 05 contributions in excess of $100 in the aggregate a year, the name, address, principal 06 occupation, and employer of the contributor, and the date and amount contributed by 07 each contributor; for purposes of this paragraph, "contributor" means the true  08 source of the funds, property, or services being contributed; and 09 (3) the date and amount of all contributions made by it and all 10 expenditures made, incurred or authorized by it. 11  * Sec. 3. AS 15.13.040(b), as amended by sec. 2 of this Act, is amended to read: 12 (b) Each group and qualified nongroup entity shall make a full report upon a 13 form prescribed by the commission, listing 14 (1) the name and address of each officer and director; 15 (2) the aggregate amount of all contributions made to it; and, for all 16 contributions in excess of $100 in the aggregate a year, the name, address, principal 17 occupation, and employer of the contributor, and the date and amount contributed by 18 each contributor; for purposes of this paragraph, "contributor" means the true source 19 of the funds, property, or services being contributed; and 20 (3) the date and amount of all contributions made by it and all 21 expenditures made, incurred or authorized by it. 22  * Sec. 4. AS 15.13.400(5) is amended to read: 23 (5) "group" means (A) every state and regional executive committee of 24 a political party; [AND] (B) any combination of two or more individuals acting jointly 25 who organize for the principal purpose of influencing the outcome of one or more 26 elections and who take action the major purpose of which is to influence the outcome 27 of an election; and (C) a special interest organization; for purposes of this  28 subparagraph, a special interest organization is a person, other than an  29 individual, that cannot participate in business activities, does not have  30 shareholders who have a claim on corporate earnings, and is independent from  31 the influence of business corporations; a group that makes expenditures or receives 01 contributions with the authorization or consent, express or implied, or under the 02 control, direct or indirect, of a candidate shall be considered to be controlled by that 03 candidate; a group whose major purpose is to further the nomination, election, or 04 candidacy of only one individual, or intends to expend more than 50 percent of its 05 money on a single candidate, shall be considered to be controlled by that candidate 06 and its actions done with the candidate's knowledge and consent unless, within 10 07 days from the date the candidate learns of the existence of the group the candidate files 08 with the commission, on a form provided by the commission, an affidavit that the 09 group is operating without the candidate's control; a group organized for more than 10 one year 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 behalf of 13 one candidate shall be considered to support only one candidate for purposes of 14 AS 15.13.070, whether or not control of the group has been disclaimed by the 15 candidate; 16  * Sec. 5. AS 15.13.400(5), as amended by sec. 4 of this Act, is amended to read: 17 (5) "group" means (A) every state and regional executive committee 18 of a political party; and (B) any combination of two or more individuals acting jointly 19 who organize for the principal purpose of influencing the outcome of one or more 20 elections and who take action the major purpose of which is to influence the outcome 21 of an election; [AND (C) A SPECIAL INTEREST ORGANIZATION; FOR 22 PURPOSES OF THIS SUBPARAGRAPH, A SPECIAL INTEREST 23 ORGANIZATION IS A PERSON, OTHER THAN AN INDIVIDUAL, THAT 24 CANNOT PARTICIPATE IN BUSINESS ACTIVITIES, DOES NOT HAVE 25 SHAREHOLDERS WHO HAVE A CLAIM ON CORPORATE EARNINGS, AND 26 IS INDEPENDENT FROM THE INFLUENCE OF BUSINESS CORPORATIONS;] 27 a group that makes expenditures or receives contributions with the authorization or 28 consent, express or implied, or under the control, direct or indirect, of a candidate shall 29 be considered to be controlled by that candidate; a group whose major purpose is to 30 further the nomination, election, or candidacy of only one individual, or intends to 31 expend 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 knowledge 02 and consent unless, within 10 days from the date the candidate learns of the existence 03 of the group the candidate files with the commission, on a form provided by the 04 commission, an affidavit that the group is operating without the candidate's control; a 05 group organized for more than one year preceding an election and endorsing 06 candidates for more than one office or more than one political party is presumed not to 07 be controlled by a candidate; however, a group that contributes more than 50 percent 08 of its money to or on behalf of one candidate shall be considered to support only one 09 candidate for purposes of AS 15.13.070, whether or not control of the group has been 10 disclaimed by the candidate; 11  * Sec. 6. AS 15.13.400 is amended by adding a new paragraph to read: 12 (12) "qualified nongroup entity" means a person, other than an 13 individual, that 14 (A) cannot participate in business activities; 15 (B) does not have shareholders who have a claim on corporate 16 earnings; and 17 (C) is independent from the influence of business corporations. 18  * Sec. 7. The uncodified law of the State of Alaska is amended by adding a new section to 19 read: 20 CONDITIONAL EFFECT. Sections 3, 5, and 6 of this Act take effect only if a court 21 order is entered and becomes final declaring that nonprofit entities that meet the test outlined 22 in State of Alaska v. Alaska Civil Liberties Union, 978 P.2d 597 (Alaska 1999), and must be 23 permitted to make campaign contributions and independent expenditures, may not be 24 regulated to the same extent as other groups under Alaska law. 25  * Sec. 8. If secs. 3, 5, and 6 of this Act take effect, they take effect on the day after the date 26 of a court order described in sec. 7 of this Act becomes final.