00 HOUSE BILL NO. 409 01 "An Act relating to state election campaigns, the duties of the Alaska Public Offices 02 Commission, the reporting and disclosure of expenditures and independent 03 expenditures, the filing of reports, and the identification of certain communications in 04 state election campaigns; and providing for an 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 [BY A CANDIDATE, GROUP, 09 NONGROUP ENTITY, MUNICIPALITY OR INDIVIDUAL] for the purpose of 10 influencing the outcome of a ballot proposition or question as well as those made to 11 influence the nomination or election of a candidate. 12  * Sec. 2. AS 15.13.030 is amended to read: 13 Sec. 15.13.030. Duties of the commission. The commission shall 14 (1) develop and provide all forms for the reports and statements 01 required to be made under this chapter, AS 24.45, and AS 39.50; 02 (2) prepare and publish a manual setting out uniform methods of 03 bookkeeping and reporting for use by persons required to make reports and statements 04 under this chapter and otherwise assist all persons [CANDIDATES, GROUPS, AND 05 INDIVIDUALS] in complying with the requirements of this chapter; 06 (3) receive and hold open for public inspection reports and statements 07 required to be made under this chapter and, upon request, furnish copies at cost to 08 interested persons; 09 (4) compile and maintain a current list of all filed reports and 10 statements; 11 (5) prepare a summary of each report filed under AS 15.13.110 and 12 make copies of this summary available to interested persons at their actual cost; 13 (6) notify, by registered or certified mail, all persons who are 14 delinquent in filing reports and statements required to be made under this chapter; 15 (7) examine, investigate, and compare all reports, statements, and 16 actions required by this chapter, AS 24.45, and AS 39.50; 17 (8) prepare and publish a biennial report concerning the activities of 18 the commission, the effectiveness of this chapter, its enforcement by the attorney 19 general's office, and recommendations and proposals for change; the commission shall 20 notify the legislature that the report is available; 21 (9) adopt regulations necessary to implement and clarify the provisions 22 of AS 24.45, AS 39.50, and this chapter, subject to the provisions of AS 44.62 23 (Administrative Procedure Act); [AND] 24 (10) consider a written request for an advisory opinion concerning the 25 application of this chapter, AS 24.45, AS 24.60.200 - 24.60.260, or AS 39.50; and  26 (11) make available to the public information contained in a report  27 filed under AS 15.13.040(e) not less than 24 hours after the report is filed with the  28 commission. 29  * Sec. 3. AS 15.13.040(d) is amended to read: 30 (d) Every [INDIVIDUAL,] person [, NONGROUP ENTITY, OR GROUP] 31 making an expenditure shall make a full report of expenditures, upon a form 01 prescribed by the commission, unless exempt from reporting. 02  * Sec. 4. AS 15.13.040(e) is amended to read: 03 (e) Each person [THE REPORT] required to report under (d) of this section 04 shall file a full report in accordance with AS 15.13.110(g) on a form prescribed by  05 the commission. If the report is filed by a person that is not an individual, the  06 report must be certified as correct by the treasurer or fiscal officer of the person.  07 The report must contain 08 (1) the name, address, principal occupation, and employer of the 09 individual filing the report; 10 (2) [, AND] an itemized list of all expenditures made, incurred, or  11 authorized by the person;  12 (3) the name of the candidate or the title of the ballot proposition  13 or question supported or opposed by each expenditure and whether the  14 expenditure is made to support or oppose the candidate or ballot proposition or  15 question;  16 (4) the name, address, and nationality of each officer and director  17 of the person, when applicable;  18 (5) the aggregate amount of all contributions made to the person,  19 if any, for the purpose of influencing the outcome of an election; for all  20 contributions to the person that exceed $100 in the aggregate in a year, the date  21 of the contribution and amount contributed by each contributor; and for a  22 contributor  23 (A) who is an individual, the name, address, principal  24 occupation, and employer of the contributor; or  25 (B) that is not an individual, the name and address of the  26 contributor and the name, address, and nationality of each officer and  27 director of the contributor [EXPENDITURES. THE REPORT SHALL BE 28 FILED WITH THE COMMISSION NO LATER THAN 10 DAYS AFTER 29 THE EXPENDITURE IS MADE]. 30  * Sec. 5. AS 15.13.040(h) is amended to read: 31 (h) The provisions of (d) of this section do not apply to one or more 01 expenditures made by an individual acting independently of any other person 02 [GROUP OR NONGROUP ENTITY AND INDEPENDENTLY OF ANY OTHER 03 INDIVIDUAL] if the expenditures 04 (1) cumulatively do not exceed $500 during a calendar year; and 05 (2) are made only for billboards, signs, or printed material concerning 06 a ballot proposition as that term is defined by AS 15.13.065(c). 07  * Sec. 6. AS 15.13.040(p) is amended to read: 08 (p) For purposes of (b), (e), and (j) of this section, "contributor" means the 09 true source of the funds, property, or services being contributed. 10  * Sec. 7. AS 15.13.082(b) is amended to read: 11 (b) A person, other than an individual exempt from reporting under  12 AS 15.13.040(h), [CANDIDATE, GROUP, OR NONGROUP ENTITY] may not 13 make an expenditure unless the source of the expenditure has been disclosed as 14 required by this chapter. 15  * Sec. 8. AS 15.13.084 is amended to read: 16 Sec. 15.13.084. Prohibited expenditures. A person may not make an 17 expenditure  18 (1) anonymously, unless the expenditure is 19 (A) paid for by an individual acting independently of any 20 person [GROUP OR NONGROUP ENTITY AND INDEPENDENTLY OF 21 ANY OTHER INDIVIDUAL]; 22 (B) made to influence the outcome of a ballot proposition as 23 that term is defined by AS 15.13.065(c); and 24 (C) made for 25 (i) a billboard or sign; or 26 (ii) printed material, other than an advertisement made 27 in a newspaper or other periodical; 28 (2) using a fictitious name or using the name of another. 29  * Sec. 9. AS 15.13.086 is amended to read: 30 Sec. 15.13.086. Authorized makers of expenditures. An expenditure 31 (1) authorized by or on [IN] behalf of a candidate may be made only 01 by 02 (A) the candidate; or 03 (B) the candidate's campaign treasurer or a deputy campaign 04 treasurer; 05 (2) authorized [BY AS 15.13.067(3)] by or on [IN] behalf of a group 06 may be made only by the group's campaign treasurer. 07  * Sec. 10. AS 15.13.090 is amended to read: 08 Sec. 15.13.090. Identification of communication. (a) All communications 09 shall be clearly identified by the words "paid for by" followed by the name and 10 address of the person [CANDIDATE, GROUP, NONGROUP ENTITY, OR 11 INDIVIDUAL] paying for the communication. In addition, 12 (1) candidates and groups may identify the name of their campaign 13 chairperson; and 14 (2) a person other than a candidate, an individual, or a political  15 party shall clearly  16 (A) identify the person's principal officer and the officer's  17 title;  18 (B) include a statement from the principal officer  19 approving the communication;  20 (C) provide the address of the person's principal place of  21 business; and  22 (D) identify the person's five largest contributors under  23 AS 15.13.040(e)(5), if any, during the 12-month period before the date of  24 the communication, with the words "top five contributors". 25 (b) The provisions of (a) of this section do not apply when the communication 26 (1) is paid for by an individual acting independently of any other  27 person [GROUP OR NONGROUP ENTITY AND INDEPENDENTLY OF ANY 28 OTHER INDIVIDUAL]; 29 (2) is made to influence the outcome of a ballot proposition as that 30 term is defined by AS 15.13.065(c); and 31 (3) is made for 01 (A) a billboard or sign; or 02 (B) printed material other than an advertisement made in a 03 newspaper or other periodical. 04  * Sec. 11. AS 15.13.090 is amended by adding a new subsection to read: 05 (c) A person other than a candidate, individual, or political party may not 06 make a communication under (a) of this section unless the person's principal officer 07 has certified to the commission in writing that the officer has reviewed the 08 communication, and, based on the officer's knowledge, the communication is not 09 defamatory and does not contain any defamatory statements.  10  * Sec. 12. AS 15.13.110 is amended by adding a new subsection to read: 11 (g) An expenditure report required under AS 15.13.040(e) shall be filed with 12 the commission not later than three days after an expenditure has been made. An 13 expenditure report filed under this subsection must include any expenditure not yet 14 reported that was made before the filing of the report. However, an expenditure that 15 exceeds $250 and that is made within nine days of an election shall be reported to the 16 commission not later than 24 hours after the expenditure is made. 17  * Sec. 13. AS 15.13.111(a) is amended to read: 18 (a) Each [CANDIDATE, GROUP, NONGROUP ENTITY, OR] person 19 required to report under this chapter shall preserve all records necessary to substantiate 20 information required to be reported under this chapter for a period of six years from 21 the date of the election for which the information was required to be reported, unless 22 the records have been submitted to the commission under (c) of this section. 23  * Sec. 14. AS 15.13.135 is amended to read: 24 Sec. 15.13.135. Independent expenditures for or against candidates. (a) 25 [ONLY AN INDIVIDUAL, GROUP, OR NONGROUP ENTITY MAY MAKE AN 26 INDEPENDENT EXPENDITURE SUPPORTING OR OPPOSING A CANDIDATE 27 FOR ELECTION TO PUBLIC OFFICE.] An independent expenditure supporting or 28 opposing a candidate for election to public office, except an independent expenditure 29 made by a nongroup entity with an annual operating budget of $250 or less, shall be 30 reported in accordance with AS 15.13.040 and 15.13.100 - 15.13.110 and other 31 requirements of this chapter. 01 (b) A person [AN INDIVIDUAL, GROUP, OR NONGROUP ENTITY] who 02 makes independent expenditures for a mass mailing, for distribution of campaign 03 literature of any sort, for a television, radio, newspaper, or magazine advertisement, or 04 any other communication that supports or opposes a candidate for election to public 05 office 06 (1) shall comply with AS 15.13.090; and 07 (2) shall place the following statement in the mailing, literature, 08 advertisement, or other communication so that it is readily and easily discernible: 09 This NOTICE TO VOTERS is required by Alaska law. (I/we) certify 10 that this (mailing/literature/advertisement) is not authorized, paid for, 11 or approved by the candidate. 12  * Sec. 15. AS 15.13.067 and 15.13.140(a) are repealed. 13  * Sec. 16. This Act takes effect immediately under AS 01.10.070(c).