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HCS CSSB 191(FIN) AM H Detail
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HCS CSSB 191(FIN) AM H: "An Act relating to election campaigns, election campaign financing, the oversight and regulation of election campaigns, the activities of lobbyists that relate to election campaigns, the definitions of offenses of campaign misconduct, and to the use of the net proceeds of charitable gaming activities in election campaigns; and providing for an effective date."

00HOUSE CS FOR CS FOR SENATE BILL NO. 191(FIN) am H 01 "An Act relating to election campaigns, election campaign financing, the 02 oversight and regulation of election campaigns, the activities of lobbyists that 03 relate to election campaigns, the definitions of offenses of campaign misconduct, 04 and to the use of the net proceeds of charitable gaming activities in election 05 campaigns; and providing for an effective date." 06 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 07 * Section 1. FINDINGS AND PURPOSE. (a) The legislature finds that, under existing 08 laws, 09 (1) campaigns for elective public office last too long, are often uninformative, 10 and are too expensive; 11 (2) highly qualified citizens are dissuaded from running for public office due 12 to the high cost of election campaigns; 13 (3) organized special interests are responsible for raising a significant portion 14 of all election campaign funds and may thereby gain an undue influence over election

01 campaigns and elected officials, particularly incumbents; 02 (4) incumbents enjoy a distinct advantage in raising money for election 03 campaigns, and many elected officials raise and carry forward huge surpluses from one 04 campaign to the next, to the disadvantage of challengers; 05 (5) because, under existing laws, candidates are completely free to convert 06 campaign funds to personal income, there is great potential for bribery and political 07 corruption; and 08 (6) penalties for violations of the existing campaign finance laws are far too 09 lenient to deter misconduct. 10 (b) It is the purpose of this Act to substantially revise Alaska's election campaign 11 finance laws in order to restore the public's trust in the electoral process and to foster good 12 government. 13 * Sec. 2. AS 05.15.150(a) is amended to read: 14 (a) The authority to conduct the activity authorized by this chapter is 15 contingent upon the dedication of the net proceeds of the charitable gaming activity 16 to the awarding of prizes to contestants or participants and to political, educational, 17 civic, public, charitable, patriotic, or religious uses in the state. "Political, educational, 18 civic, public, charitable, patriotic, or religious uses" means uses benefiting persons 19 either by bringing them under the influence of education or religion or relieving them 20 from disease, suffering, or constraint, or by assisting them in establishing themselves 21 in life, or by providing for the promotion of the welfare and well-being of the 22 membership of the organization within their own community, or through aiding 23 candidates for public office or groups that support candidates for public office, or by 24 erecting or maintaining public buildings or works, or lessening the burden on 25 government, but does not include 26 (1) the direct or indirect payment of any portion of the net proceeds of 27 a bingo or pull-tab game to a lobbyist registered under AS 24.45; [OR] 28 (2) the erection, acquisition, improvement, maintenance, or repair of 29 real, personal, or mixed property unless it is used exclusively for one or more of the 30 permitted uses; or 31 (3) the direct or indirect payment of any portion of the net

01 proceeds of a charitable gaming activity, except the proceeds of a raffle and 02 lottery, 03 (A) to aid candidates for public office or groups that 04 support or oppose candidates for public office; 05 (B) to a political party or to an organization affiliated with 06 a political party; or 07 (C) to a group, as that term is defined in AS 15.13.400, or 08 a political group, as that term is defined in AS 15.60, that seeks to 09 influence the outcome of an election. 10 * Sec. 3. AS 15.13.010(a) is amended to read: 11 (a) This chapter applies 12 (1) in every election for governor, lieutenant governor, a member of the 13 state legislature, a delegate to a constitutional convention, or judge seeking electoral 14 confirmation; 15 (2) [. IT ALSO APPLIES] to every candidate for election to a 16 municipal office in a municipality with a population of more than 1,000 inhabitants 17 according to the latest United States census figures or estimates of population certified 18 as correct for administrative purposes by the Department of Community and Regional 19 Affairs unless the municipality has exempted itself from the provisions of this 20 chapter; a [. A] municipality may exempt its elected municipal officers from the 21 requirements of this chapter if a majority of the voters voting on the question at a 22 regular election, as defined by AS 29.71.800(20), or a special municipality-wide 23 election called for that purpose, votes [VOTE] to exempt its elected municipal officers 24 from the requirements of this chapter; the [. THE] question of exemption from the 25 requirements of this chapter may be submitted by the governing body by ordinance or 26 by initiative election. [THIS CHAPTER DOES NOT PROHIBIT A MUNICIPALITY 27 FROM REGULATING BY ORDINANCE CAMPAIGN CONTRIBUTIONS AND 28 EXPENDITURES.] 29 * Sec. 4. AS 15.13.010 is amended by adding new subsections to read: 30 (c) This chapter does not prohibit a municipality from regulating by ordinance 31 election campaign contributions and expenditures in municipal elections, or from

01 regulating those campaign contributions and expenditures more strictly than provided 02 in this chapter. 03 (d) This chapter does not limit the authority of a person to make contributions 04 to influence the outcome of a voter proposition submitted to the public for a vote at 05 a municipal election. In this subsection, in addition to its meaning under 06 AS 15.13.065(c), "proposition" means a municipal reclassification, proposal to adopt 07 or amend a home rule charter, a unification proposal, a boundary change proposal, or 08 the approval of an ordinance when approval by public vote is a requirement for the 09 ordinance. 10 * Sec. 5. AS 15.13.040(a) is amended to read: 11 (a) Except as provided in (g) of this section, each [EACH] candidate shall 12 make a full report, upon a form prescribed by the commission, listing the date and 13 amount of all expenditures made by the candidate, the total amount of all 14 contributions, including all funds contributed by the candidate, and for all contributions 15 in excess of $100 in the aggregate a year, the name, address, principal occupation, and 16 employer of the contributor and the date and amount contributed by each contributor. 17 The report shall be filed in accordance with AS 15.13.110 and shall be certified correct 18 by the candidate or campaign treasurer. 19 * Sec. 6. AS 15.13.040(d) is amended to read: 20 (d) Every individual, person, or group making a contribution or expenditure 21 shall make a full report, upon a form prescribed by the commission, of the following 22 contributions or expenditures: 23 (1) any contribution of cash, goods, or services valued at more than 24 $250 a year to any group or candidate; or 25 (2) unless exempted from reporting by (h) of this section, any 26 expenditure whatsoever for advertising in newspapers or other periodicals, on radio, 27 or on television; or, for the publication, distribution, or circulation of brochures, flyers, 28 or other campaign material for any candidate or ballot proposition or question. 29 * Sec. 7. AS 15.13.040 is amended by adding new subsections to read: 30 (g) The provisions of (a) of this section do not apply if a candidate 31 (1) indicates, on a form prescribed by the commission, an intent not to

01 raise and not to expend more than $2,500 in seeking election to office, including both 02 the primary and general elections; 03 (2) accepts contributions totaling not more than $2,500 in seeking 04 election to office, including both the primary and general elections; and 05 (3) makes expenditures totaling not more than $2,500 in seeking 06 election to office, including both the primary and general elections. 07 (h) The provisions of (d)(2) of this section do not apply to one or more 08 expenditures made by an individual acting independently of any group and 09 independently of any other individual if the expenditures 10 (1) cumulatively do not exceed $250 during a calendar year; and 11 (2) are made only for billboards, signs, or printed material concerning 12 a ballot proposition as that term is defined by AS 15.13.065(c). 13 * Sec. 8. AS 15.13.050 is amended to read: 14 Sec. 15.13.050. REGISTRATION BEFORE EXPENDITURE [GROUPS]. 15 (a) Before [EACH GROUP, BEFORE] making an expenditure in support [ON 16 BEHALF] of [,] or in opposition to [,] a candidate or before making an expenditure 17 in support of or in opposition to a ballot proposition or question, each person 18 other than an individual [A CONTRIBUTION TO A CANDIDATE] shall register, 19 on forms provided by the commission, with the commission. 20 (b) If a [THE] group intends to support [OR OPPOSE] only one candidate, or 21 to contribute to or expend on behalf of [, OR IN OPPOSITION TO,] one candidate 22 33 1/3 [50] percent or more of its funds, the name of the candidate shall be a part of 23 the name of the group. If the group intends to oppose only one candidate, or to 24 contribute its funds in opposition to or make expenditures in opposition to a 25 candidate, the group's name must clearly state that it opposes that candidate by 26 using a word such as "opposes", opposing", "in opposition to", or "against", in 27 the group's name. Promptly upon receiving the registration, the commission shall 28 notify the candidate of the group's organization and intent. 29 * Sec. 9. AS 15.13 is amended by adding new sections to read: 30 Sec. 15.13.065. CONTRIBUTIONS. (a) Individuals, groups, and political 31 parties may make contributions to a candidate. An individual or group may make a

01 contribution to a group or to a political party. 02 (b) A political party may contribute to a subordinate unit of the political party, 03 and a subordinate unit of a political party may contribute to the political party of 04 which it is a subordinate unit. 05 (c) Except for reports required by AS 15.13.040 and 15.13.110 and except for 06 the requirements of AS 15.13.050, 15.13.060, and 15.13.112 - 15.13.114, the provisions 07 of AS 15.13.010 - 15.13.116 do not apply to limit the authority of a person to make 08 contributions to influence the outcome of a ballot proposition. In this subsection, in 09 addition to its meaning in AS 15.60.010, "proposition" includes an issue placed on a 10 ballot to determine whether 11 (1) a constitutional convention shall be called; 12 (2) a debt shall be contracted; 13 (3) an advisory question shall be approved or rejected; or 14 (4) a municipality shall be incorporated. 15 Sec. 15.13.067. WHO MAY MAKE EXPENDITURES. Only the following 16 may make an expenditure in an election for candidates for elective office: 17 (1) the candidate; 18 (2) an individual; and 19 (3) a group that has registered under AS 15.13.050. 20 * Sec. 10. AS 15.13.070 is repealed and reenacted to read: 21 Sec. 15.13.070. LIMITATIONS ON AMOUNT OF POLITICAL 22 CONTRIBUTIONS. (a) An individual or group may make contributions, subject only 23 to the limitations of this chapter and AS 24.45, including the limitations on the 24 maximum amounts set out in this section. 25 (b) An individual may contribute not more than 26 (1) $500 per year to a candidate, to an individual who conducts a write- 27 in campaign as a candidate, or to a group that is not a political party; 28 (2) $5,000 per year to a political party. 29 (c) A group that is not a political party may contribute not more than $1,000 30 per year 31 (1) to a candidate, or to an individual who conducts a write-in

01 campaign as a candidate; or 02 (2) to another group or to a political party. 03 (d) A political party may contribute to a candidate, or to an individual who 04 conducts a write-in campaign, for the following offices an amount not to exceed 05 (1) $100,000 per year, if the election is for governor or lieutenant 06 governor; 07 (2) $15,000 per year, if the election is for the state senate; 08 (3) $10,000 per year, if the election is for the state house of 09 representatives; and 10 (4) $5,000 per year, if the election is for 11 (A) delegate to a constitutional convention; 12 (B) judge seeking retention; or 13 (C) municipal office. 14 * Sec. 11. AS 15.13 is amended by adding new sections to read: 15 Sec. 15.13.072. RESTRICTIONS ON SOLICITATION AND ACCEPTANCE 16 OF CONTRIBUTIONS. (a) A candidate or an individual who has filed with the 17 commission the document necessary to permit that individual to incur election-related 18 expenses under AS 15.13.100 may not solicit or accept a contribution from 19 (1) a person not authorized by law to make a contribution; 20 (2) an individual who is not a resident of the state at the time the 21 contribution is made, except as provided in (e) of this section; 22 (3) a group organized under the laws of another state, resident in 23 another state, or whose participants are not residents of this state at the time the 24 contribution is made; or 25 (4) a person registered as a lobbyist if the contribution violates 26 AS 15.13.074(g) or AS 24.45.121(a)(8). 27 (b) A candidate or an individual who has filed with the commission the 28 document necessary to permit the individual to incur election-related expenses under 29 AS 15.13.100, or a group, may not solicit or accept a cash contribution that exceeds 30 $100. 31 (c) An individual, or one acting directly or indirectly on behalf of that

01 individual, may not solicit or accept a contribution 02 (1) before the date for which contributions may be made as determined 03 under AS 15.13.074(c); or 04 (2) later than the day after which contributions may not be made as 05 determined under AS 15.13.074(c). 06 (d) A candidate or an individual who has filed with the commission the 07 document necessary to permit that individual to incur election-related expenses under 08 AS 15.13.100 may not solicit or accept a contribution if the legislature is convened in 09 a regular or special legislative session, and the candidate or individual is a member of 10 the legislature, or employed as a member of the legislator's staff or as a member of 11 the staff of a legislative committee. 12 (e) A candidate or an individual who has filed with the commission the 13 document necessary to permit that individual to incur election-related expenses under 14 AS 15.13.100 may solicit or accept contributions from an individual who is not a 15 resident of the state at the time the contribution is made if the amounts contributed by 16 individuals who are not residents do not exceed 17 (1) $20,000, if the candidate or individual is seeking the office of 18 governor or lieutenant governor; 19 (2) $5,000, if the candidate or individual is seeking the office of state 20 senator; 21 (3) $3,000, if the candidate or individual is seeking the office of state 22 representative or municipal or other office. 23 (f) A group or political party may solicit or accept contributions from an 24 individual who is not a resident of the state at the time the contribution is made, but 25 the amounts accepted from individuals who are not residents may not exceed 10 26 percent of total contributions made to the group or political party during the calendar 27 or group year in which the contributions are received. 28 Sec. 15.13.074. PROHIBITED CONTRIBUTIONS. (a) A person or group 29 may not make a contribution if the making of the contribution would violate this 30 chapter. 31 (b) A person or group may not make a contribution anonymously, using a

01 fictitious name, or using the name of another. 02 (c) A person or group may not make a contribution 03 (1) to a candidate for governor or lieutenant governor or an individual 04 who files with the commission the document necessary to permit that individual to 05 incur certain election-related expenses as authorized by AS 15.13.100 for governor or 06 lieutenant governor, when the office is to be filled at a general election, before the 07 later of the following dates: 08 (A) the date the individual 09 (i) becomes a candidate; or 10 (ii) files with the commission the document necessary 11 to permit the individual to incur certain election-related expenses as 12 authorized by AS 15.13.100; or 13 (B) January 1 of the year of the general election; 14 (2) to a candidate for the state legislature or an individual who files 15 with the commission the document necessary to permit that individual to incur certain 16 election-related expenses as authorized by AS 15.13.100 for the state legislature, when 17 the office is to be filled at a general election, while the legislature is convened in its 18 regular legislative session and before the later of the following dates: 19 (A) the date the individual 20 (i) becomes a candidate; or 21 (ii) files with the commission the document necessary 22 to permit the individual to incur certain election-related expenses as 23 authorized by AS 15.13.100; or 24 (B) January 1 of the year of the general election; 25 (3) to a candidate or an individual who files with the commission the 26 document necessary to permit that individual to incur certain election-related expenses 27 as authorized by AS 15.13.100 for an office that is to be filled at a special election or 28 municipal election before the later of the following dates: 29 (A) the date the individual 30 (i) becomes a candidate; or 31 (ii) files with the commission the document necessary

01 to permit that individual to incur certain election-related expenses as 02 authorized by AS 15.13.100; 03 (B) is nine months before the date of the general or regular 04 municipal election or that is before the date of the proclamation of the special 05 election at which the candidate or individual seeks election to public office; or 06 (4) to any candidate later than the 45th day 07 (A) after the date of a primary election if the candidate 08 (i) has been nominated at the primary election or is 09 running as a write-in candidate; and 10 (ii) is not opposed at the general election; 11 (B) after the date of the primary election if the candidate was 12 not nominated at the primary election; or 13 (C) after the date of the general election, or after the date of a 14 municipal or municipal runoff election, if the candidate was opposed at the 15 general, municipal, or municipal runoff election. 16 (d) A person or group may not make a contribution to a candidate or a person 17 or group who is prohibited by AS 15.13.072(c) from accepting it. 18 (e) A person or group may not make a cash contribution that exceeds $100. 19 (f) A corporation, company, partnership, firm, association, organization, 20 business trust or surety, labor union, or publicly funded entity that does not satisfy the 21 definition of group in AS 15.13.400 may not make a contribution to a candidate or 22 group. 23 (g) An individual required to register as a lobbyist under AS 24.45 may not 24 make a contribution to a candidate for the legislature at any time the individual is 25 subject to the registration requirement under AS 24.45 and for one year after the date 26 of the individual's initial registration or its renewal. However, the individual may 27 make a contribution under this section to a candidate for the legislature in a district in 28 which the individual is eligible to vote or will be eligible to vote on the date of the 29 election. An individual who is subject to the restrictions of this subsection shall report 30 to the commission, on a form provided by the commission, each contribution made 31 while required to register as a lobbyist under AS 24.45. This subsection does not

01 apply to a representational lobbyist as defined in regulations of the commission. 02 (h) Notwithstanding AS 15.13.070, a candidate for governor or lieutenant 03 governor and a group that is not a political party and that, under the definition of the 04 term "group," is presumed to be controlled by a candidate for governor or lieutenant 05 governor, may not make a contribution to a candidate for another office, to a person 06 who conducts a write-in campaign as a candidate for other office, or to another group 07 of amounts received by that candidate or controlled group as contributions between 08 January 1 and the date of the general election of the year of a general election for an 09 election for governor and lieutenant governor. This subsection does not prohibit 10 (1) the group described in this subsection from making contributions 11 to the candidates for governor and lieutenant governor whom the group supports; or 12 (2) the governor or lieutenant governor, or the group described in this 13 subsection, from making contributions under AS 15.13.116(a)(3)(A). 14 Sec. 15.13.076. AUTHORIZED RECIPIENTS OF CONTRIBUTIONS. A 15 contribution to a 16 (1) candidate may be received only by 17 (A) the candidate; or 18 (B) the candidate's campaign treasurer or a deputy campaign 19 treasurer; 20 (2) group may be received only by the group's campaign treasurer or a 21 deputy treasurer. 22 Sec. 15.13.078. CONTRIBUTIONS AND LOANS FROM THE CANDIDATE. 23 (a) The provisions of this chapter do not prohibit the individual who is a candidate from 24 giving any amount of the candidate's own money or other thing of value to the campaign 25 of the candidate. Donations made by the candidate to the candidate's own campaign 26 shall be reported as contributions in accordance with AS 15.13.040 and 15.13.110. 27 (b) The provisions of this chapter do not prohibit the individual who is a 28 candidate from lending any amount to the campaign of the candidate. Loans made by 29 the candidate shall be reported as contributions in accordance with AS 15.13.040 and 30 15.13.110. However, the candidate may not 31 (1) recover, under this section and AS 15.13.116(a)(5), the amount of a

01 loan made by the candidate to the candidate's own campaign that exceeds 02 (A) $25,000, if the candidate ran for governor or lieutenant 03 governor; 04 (B) $10,000, if the candidate ran for 05 (i) the legislature; or 06 (ii) delegate to a constitutional convention; 07 (C) $10,000, if the candidate was a judge seeking retention; 08 (D) $5,000, if the candidate ran in a municipal election; or 09 (2) repay a loan that the candidate has made to the candidate's own 10 campaign unless, within five days of making the loan, the candidate notifies the 11 commission, on a form provided by the commission, of the candidate's intention to repay 12 the loan under AS 15.13.116(a)(5). 13 (c) On and after the date determined under AS 15.13.110 as the last day of the 14 period ending three days before the due date of the report required to be filed under 15 AS 15.13.110(a)(1) and until the date of the election for which the report is filed, a 16 candidate may not give or loan to the candidate's campaign the candidate's money or 17 other thing of value of the candidate in an amount that exceeds $5,000. 18 (d) The provisions of this section apply only to the individual who is a 19 candidate, as that term is defined by AS 15.13.400(1)(A), and do not apply to authorize 20 a contribution or loan under this section by an individual described in the definition of 21 the term "candidate" under AS 15.13.400(1)(B). 22 * Sec. 12. AS 15.13.074(c) is repealed and reenacted to read: 23 (c) A person or group may not make a contribution 24 (1) to a candidate or an individual who files with the commission the 25 document necessary to permit that individual to incur certain election-related expenses 26 as authorized by AS 15.13.100 when the office is to be filled at a general election 27 before the date that is 18 months before the general election; 28 (2) to a candidate or an individual who files with the commission the 29 document necessary to permit that individual to incur certain election-related expenses 30 as authorized by AS 15.13.100 for an office that is to be filled at a special election or 31 municipal election before the date that is 18 months before the date of the regular

01 municipal election or that is before the date of the proclamation of the special election 02 at which the candidate or individual seeks election to public office; or 03 (3) to any candidate later than the 45th day 04 (A) after the date of a primary election if the candidate 05 (i) has been nominated at the primary election or is 06 running as a write-in candidate; and 07 (ii) is not opposed at the general election; 08 (B) after the date of the primary election if the candidate was 09 not nominated at the primary election; or 10 (C) after the date of the general election, or after the date of a 11 municipal or municipal runoff election, if the candidate was opposed at the 12 general, municipal, or municipal runoff election. 13 * Sec. 13. AS 15.13.080 is amended to read: 14 Sec. 15.13.080. STATEMENT BY CONTRIBUTOR. (a) Each of the 15 following shall file statements as required by this section: 16 (1) an individual who contributes to a candidate 17 (A) more than [A PERSON OR GROUP CONTRIBUTING TO 18 A CANDIDATE OVER] $250; or 19 (B) [CONTRIBUTING] goods or services [TO A CANDIDATE] 20 with a value of more than $250; 21 (2) an individual who, during the period between the 90th day before 22 an election and the date of the election, contributes to more than one group and 23 whose aggregate contributions to all groups, in money or in the value of goods and 24 services, or both, exceed $1,000 per year [TO INFLUENCE THE ELECTION OF A 25 CANDIDATE SHALL FURNISH THE COMMISSION A SIGNED STATEMENT, ON 26 A FORM MADE AVAILABLE BY THE COMMISSION]. 27 (b) An individual required to file a contributor's statement under (a) of this 28 section shall file on a form made available by the commission. The statement must 29 (1) identify the contributor and the candidate and all groups 30 receiving contributions; 31 (2) [SHALL] itemize the contributions and goods; and

01 (3) state that the contributor is not [A PERSON OR GROUP] prohibited 02 by law from contributing and that the contribution consists of funds or property 03 belonging to the contributor and has not been given or furnished by another person or 04 group. 05 (c) The contributor's statement shall be filed with the commission by the 06 contributor no later than 10 days after the contribution is made. [A COPY OF THE 07 STATEMENT SHALL BE FURNISHED THE CANDIDATE, CAMPAIGN 08 TREASURER, OR DEPUTY CAMPAIGN TREASURER AT THE TIME THE 09 CONTRIBUTION IS MADE.] 10 * Sec. 14. AS 15.13 is amended by adding new sections to read: 11 Sec. 15.13.082. LIMITATIONS ON EXPENDITURES. (a) A candidate or 12 group may not make an expenditure in cash that exceeds $100 unless the candidate, or 13 the campaign treasurer or deputy campaign treasurer, obtains a written receipt from the 14 person to whom the expenditure is made. 15 (b) A candidate or group may not make an expenditure unless the source of the 16 expenditure has been disclosed as required by this chapter. 17 (c) If a candidate receives a contribution in the form of cash, check, money 18 order, or other negotiable instrument and is subject to being reported to the commission 19 under this chapter, the candidate may neither expend the contribution nor, in the case of 20 a negotiable instrument, convert it to cash unless the candidate, campaign treasurer, or 21 deputy campaign treasurer first records the following information for disclosure to the 22 commission: 23 (1) the name, address, principal occupation, and employer of the 24 contributor; and 25 (2) the date and amount of the contribution. 26 Sec. 15.13.084. PROHIBITED EXPENDITURES. A person may not make an 27 expenditure 28 (1) anonymously, unless the expenditure is 29 (A) paid for by an individual acting independently of any group 30 and independently of any other individual; 31 (B) made to influence the outcome of a ballot proposition as that

01 term is defined by AS 15.13.065(c); and 02 (C) made for 03 (i) a billboard or sign; or 04 (ii) printed material, other than an advertisement made in 05 a newspaper or other periodical; 06 (2) using a fictitious name or using the name of another. 07 Sec. 15.13.086. AUTHORIZED MAKERS OF EXPENDITURES. An 08 expenditure 09 (1) authorized by or in behalf of a candidate may be made only by 10 (A) the candidate; or 11 (B) the candidate's campaign treasurer or a deputy campaign 12 treasurer; 13 (2) authorized by AS 15.13.067(3) by or in behalf of a group may be 14 made only by the group's campaign treasurer. 15 * Sec. 15. AS 15.13.090 is amended by adding a new subsection to read: 16 (b) The provisions of (a) of this section do not apply when the advertisement 17 (1) is paid for by an individual acting independently of any group and 18 independently of any other individual; 19 (2) is made to influence the outcome of a ballot proposition as that term 20 is defined by AS 15.13.065(c); and 21 (3) is made for 22 (A) a billboard or sign; or 23 (B) printed material other than an advertisement made in a 24 newspaper or other periodical. 25 * Sec. 16. AS 15.13.110(a) is amended to read: 26 (a) Each candidate and group shall make a full report in accordance with 27 AS 15.13.040 for the period ending three days before the due date of the report and 28 beginning on the last day covered by the most recent previous report. If the report is a 29 first report, it shall cover the period from the beginning of the campaign to the date three 30 days before the due date of the report. If the report is a report due February 15, it shall 31 cover the period beginning on the last day covered by the most recent previous report

01 or on the day that the campaign started, whichever is later, and ending on December 31 02 of the prior year. The report shall be filed 03 (1) 30 days before the election; however, this report is not required if the 04 deadline for filing a nominating petition or declaration of candidacy is within 30 days 05 of the election; 06 (2) one week before the election; 07 (3) 10 days after the election; and 08 (4) February 15 for expenditures made and contributions received that 09 were not reported during the previous year, including, if applicable, all amounts 10 expended from a legislative office account established under AS 15.13.116(a)(9) and 11 all amounts expended from a municipal office account under AS 15.13.116(a)(10), 12 or when expenditures were not made or contributions were not received during the 13 previous year. 14 * Sec. 17. AS 15.13.110(b) is amended to read: 15 (b) Each contribution [OR EXPENDITURE] that exceeds $250 and that is made 16 within nine days of the election shall be reported to the commission by date, amount, and 17 contributor [OR RECIPIENT] within 24 hours of receipt [OR EXPENDITURE] by the 18 candidate, group, [OR] campaign treasurer, or deputy campaign treasurer. 19 * Sec. 18. AS 15.13.110(c) is amended to read: 20 (c) [THE REPORTS OF CANDIDATES SHALL BE FILED WITH THE 21 COMMISSION'S CENTRAL OFFICE.] All reports required by this chapter shall be 22 filed with the commission's central office and shall be kept open to public inspection. 23 Within 30 days after each election, the commission shall prepare a summary of each 24 report which shall be made available to the public at cost upon request. Each summary 25 shall use uniform categories of reporting. 26 * Sec. 19. AS 15.13 is amended by adding new sections to read: 27 Sec. 15.13.112. USES OF CAMPAIGN CONTRIBUTIONS HELD BY 28 CANDIDATE OR GROUP. (a) Except as otherwise provided, campaign contributions 29 held by a candidate or group may be used only to pay the expenses of the candidate or 30 group, and the campaign expenses incurred by the candidate or group, that reasonably 31 relate to election campaign activities, and in those cases only as authorized by this

01 chapter. 02 (b) Campaign contributions held by a candidate or group may not be 03 (1) used to give a personal benefit to the candidate or to another person; 04 (2) converted to personal income of the candidate; 05 (3) loaned to a person; 06 (4) knowingly used to pay more than the fair market value for goods or 07 services purchased for the campaign; 08 (5) used to pay a criminal fine; 09 (6) used to pay civil penalties; however, campaign contributions held by 10 a candidate or group may be used to pay a civil penalty assessed under this chapter if 11 authorized by the commission or a court after it first determines that 12 (A) the candidate, campaign treasurer, and deputy campaign 13 treasurer did not cause or participate in the violation for which the civil penalty 14 is imposed and exercised a reasonable level of oversight over the campaign; and 15 (B) the candidate, campaign treasurer, and deputy campaign 16 treasurers cooperated in the revelation of the violation and in its immediate 17 correction; or 18 (7) used to make contributions to another candidate or to a group. 19 Sec. 15.13.114. DISPOSITION OF PROHIBITED CONTRIBUTIONS. (a) A 20 candidate or group that receives and accepts a contribution given in violation of 21 AS 15.13.072 or 15.13.074 shall immediately, upon discovery that the contribution is 22 prohibited, return it to the contributor. A candidate or group that receives and accepts 23 a contribution in excess of the limitation on contributions set out in AS 15.13.070 shall 24 immediately, upon discovery of the prohibited excess contribution, return the excess to 25 the contributor. If the contribution or excess amount cannot be returned in the same 26 form, the equivalent value of the contribution or excess amount shall be returned. 27 (b) An anonymous contribution is forfeited to the state unless the contributor 28 is identified within five days of its receipt. Money that forfeits to the state under this 29 subsection shall be delivered immediately to the Department of Revenue for deposit 30 in the general fund. 31 Sec. 15.13.116. DISBURSEMENT OF CAMPAIGN ASSETS AFTER

01 ELECTION. (a) A candidate who, after the date of the general, special, municipal, 02 or municipal runoff election or after the date the candidate withdraws as a candidate, 03 whichever comes first, holds unused campaign contributions shall distribute the amount 04 held within 90 days. The distribution may only be made to 05 (1) pay bills incurred for expenditures reasonably related to the 06 campaign and the winding up of the affairs of the campaign, and to pay expenditures 07 associated with post-election fund raising that may be needed to raise funds to pay off 08 campaign debts; 09 (2) pay for a victory or a thank you party costing less than $500, or to 10 give a thank you gift of a value of less than $50 to a campaign employee or volunteer; 11 (3) make donations, without condition, to 12 (A) a political party; 13 (B) the state's general fund; 14 (C) a municipality of the state; or 15 (D) the federal government; 16 (4) make donations, without condition, to organizations qualified as 17 charitable organizations under 26 U.S.C. 501(c)(3), provided the organization is not 18 controlled by the candidate or a member of the candidate's immediate family; 19 (5) repay loans from the candidate to the candidate's own campaign 20 under AS 15.13.078(b); 21 (6) repay contributions to contributors, but only if repayment of the 22 contribution is made pro rata in approximate proportion to the contributions made 23 using one of the following, as the candidate determines: 24 (A) to all contributors; 25 (B) to contributors who have contributed most recently; or 26 (C) to contributors who have made larger contributions; 27 (7) establish a fund for, and from that fund to pay, attorney fees or 28 costs incurred in the prosecution or defense of an administrative or civil judicial action 29 that directly concerns a challenge to the victory or defeat of the candidate in the 30 election; 31 (8) transfer all or a portion of the unused campaign contributions to an

01 account for a future election campaign; a transfer under this paragraph is limited to 02 (A) $50,000, if the transfer is made by a candidate for governor 03 or lieutenant governor; 04 (B) $10,000, if the transfer is made by a candidate for the state 05 senate; 06 (C) $5,000, if the transfer is made by a candidate for the state 07 house of representatives; and 08 (D) $5,000, if the transfer is made by a candidate for an office 09 not described in (A) - (C) of this paragraph; 10 (9) transfer all or a portion of the unused campaign contributions to a 11 legislative office account; a transfer under this paragraph is subject to the following: 12 (A) the authority to transfer is limited to candidates who are 13 elected to the state legislature; 14 (B) the legislative office account established under this 15 paragraph may be used only for expenses associated with the candidate's 16 serving as a member of the legislature; 17 (C) all amounts expended from the legislative office account 18 shall be annually accounted for under AS 15.13.110(a)(4); and 19 (D) a transfer under this paragraph is limited to $5,000 20 multiplied by the number of years in the term to which the candidate is elected; 21 and 22 (10) transfer all or a portion of the unused campaign contributions to 23 a municipal office account; a transfer under this paragraph is subject to the following: 24 (A) the authority to transfer is limited to candidates who are 25 elected to municipal office, including a municipal school board; 26 (B) the municipal office account established under this 27 paragraph may be used only for expenses associated with the candidate's 28 serving as mayor or as a member of the assembly, city council, or school 29 board; 30 (C) all amounts expended from the municipal office account 31 shall be annually accounted for under AS 15.13.110(a)(4); and

01 (D) a transfer under this paragraph is limited to $5,000. 02 (b) After a general, special, municipal, or municipal runoff election, a candidate 03 may retain the ownership of one computer and one printer and of personal property, 04 except money, that was acquired by and for use in the campaign. The current fair 05 market value of the property retained, exclusive of the computer and printer, may not 06 exceed $2,500. All other property shall be disposed of, or sold and the sale proceeds 07 disposed of, in accordance with (a) or (c) of this section. 08 (c) Property remaining after disbursements are made under (a) - (b) of this 09 section is forfeited to the state. Within 30 days, the candidate shall deliver the property 10 to the Department of Revenue. The Department of Revenue shall deposit any money 11 received into the general fund and dispose of any other property in accordance with law. 12 * Sec. 20. AS 15.13.120(d) is repealed and reenacted to read: 13 (d) A member of the commission, the commission's executive director, or a 14 person who believes a violation of this chapter or a regulation adopted under this chapter 15 has occurred or is occurring may file an administrative complaint with the commission 16 within four years of the date of the alleged violation. If a member of the commission 17 has filed the complaint, that member may not participate as a commissioner in any 18 proceeding of the commission with respect to the complaint. If the commission accepts 19 the complaint and opens a preliminary investigation, it shall do so within 90 days of the 20 filing date of the complaint and shall investigate the complaint. After affording the 21 respondent notice and an opportunity to be heard, if the commission finds that the 22 respondent has engaged in or is about to engage in an act or practice that constitutes or 23 will constitute a violation of this chapter or a regulation adopted under it, the commission 24 shall enter an order requiring the violation to be ceased or to be remedied, and shall 25 assess civil penalties under AS 15.13.125. A commission order may be appealed to the 26 superior court by either the complainant or respondent within 30 days. The commission 27 or the commission's executive director shall promptly report to the attorney general 28 concerning any acts or practices that may constitute violations of this chapter or 29 regulations adopted under this chapter, or concerning the violation of any order of the 30 commission. 31 * Sec. 21. AS 15.13.120(e) is repealed and reenacted to read:

01 (e) If the commission does not open a preliminary investigation within 90 days 02 of the filing date of the complaint or complete action on the complaint within 180 days 03 of the filing, the complainant may file a complaint in superior court alleging a violation 04 of this chapter by a respondent in the administrative complaint. The complainant may 05 provide copies of the complaint filed in the superior court to the commission and the 06 attorney general. The state may intervene in a timely manner. A complaint may not be 07 filed in superior court under this subsection if more than two years have elapsed from 08 the date of the alleged violation. This subsection does not create a private cause of 09 action against the commission. 10 * Sec. 22. AS 15.13.125 is amended to read: 11 Sec. 15.13.125. CIVIL PENALTY: LATE FILING OF REQUIRED REPORTS. 12 A person who fails to register when required by AS 15.13.050(a) or who fails to file 13 a properly completed and certified report within the time required by AS 15.13.040(d) - 14 (f), 15.13.060(b) - (d), 15.13.080(c) [AS 15.13.040(f)], 15.13.110(a)(1), (3), or (4), (e), 15 or (f) [OR 15.13.110(f)] is subject to a civil penalty of not more than $50 [$10] a day 16 for each day the delinquency continues as determined by the commission subject to right 17 of appeal to the superior court. A person who fails to file a properly completed and 18 certified report within the time required by AS 15.13.110(a)(2) or 15.13.110(b) is subject 19 to a civil penalty of not more than $500 [$50] a day for each day the delinquency 20 continues as determined by the commission subject to right of appeal to the superior 21 court. A person who violates a provision of this chapter, except a provision 22 requiring registration or filing of a report within a time required as otherwise 23 specified in this subsection, is subject to a civil penalty of not more than $50 a day 24 for each day the violation continues as determined by the commission, subject to 25 right of appeal to the superior court. An affidavit stating facts in mitigation may be 26 submitted to the commission by a person against whom a civil penalty is assessed. 27 However, the imposition of the penalties prescribed in this section or in AS 15.13.120 28 does not excuse that person from registering or filing reports required by this chapter. 29 * Sec. 23. AS 15.13.125 is amended by adding new subsections to read: 30 (b) When an administrative complaint has been filed under AS 15.13.120(d), the 31 commission shall give the respondent due notice and an opportunity to be heard. If, at

01 the conclusion of the hearing, the commission determines that the respondent engaged 02 in the alleged violation, the commission shall assess 03 (1) civil penalties under (a) of this section; 04 (2) the commission's costs of investigation and adjudication; and 05 (3) reasonable attorney fees. 06 (c) The commission's determination under (b) of this section may be appealed 07 to the superior court under AS 44.62 (Administrative Procedure Act). 08 (d) When an action has been filed in the superior court under AS 15.13.120(e), 09 upon proof of the violation, the court shall enter a judgment in the amount of the civil 10 penalty authorized to be collected by (a) of this section. 11 (e) If the commission or superior court finds that the violation was not a repeat 12 violation or was not part of a series or pattern of violations, was inadvertent, was quickly 13 corrected, and had no adverse effect on the campaign of another, the commission or the 14 court may 15 (1) suspend imposition of the penalties; and 16 (2) order the penalties set aside if the person does not engage in a similar 17 violation for a period of one year. 18 (f) A party who has filed a civil action under AS 15.13.120(e) 19 (1) is not entitled to trial by jury on the civil action; 20 (2) is not entitled to be represented by legal counsel at public expense. 21 * Sec. 24. AS 15.13 is amended by adding new sections to read: 22 Sec. 15.13.135. INDEPENDENT EXPENDITURES FOR OR AGAINST 23 CANDIDATES. (a) Only an individual or group may make an independent 24 expenditure supporting or opposing a candidate for election to public office. An 25 independent expenditure supporting or opposing a candidate for election to public 26 office shall be reported in accordance with AS 15.13.040 and 15.13.100 - 15.13.110 27 and other requirements of this chapter. 28 (b) An individual or group who makes independent expenditures for a mass 29 mailing, for distribution of campaign literature of any sort, for a television, radio, 30 newspaper or magazine advertisement, or any other communication that supports or 31 opposes a candidate for election to public office

01 (1) shall comply with AS 15.13.090; and 02 (2) shall place the following statement in the mailing, literature, 03 advertisement, or other communication so that it is readily and easily discernible: 04 This NOTICE TO VOTERS is required by Alaska law. (I/we) 05 certify that this (mailing/literature/advertisement) is not authorized, paid 06 for, or approved by the candidate. 07 Sec. 15.13.140. INDEPENDENT EXPENDITURES FOR OR AGAINST 08 BALLOT PROPOSITION OR QUESTION. (a) This chapter does not prohibit a 09 person from making independent expenditures in support of or in opposition to a ballot 10 proposition or question. 11 (b) An independent expenditure for or against a ballot proposition or question 12 (1) shall be reported in accordance with AS 15.13.040 and 15.13.100 - 13 15.13.110 and other requirements of this chapter; and 14 (2) may not be made if the expenditure is prohibited by AS 15.13.145. 15 Sec. 15.13.145. MONEY OF THE STATE AND ITS POLITICAL 16 SUBDIVISIONS. (a) Except as provided in (b) and (c) of this section, each of the 17 following may not use money held by the entity to influence the outcome of the 18 election of a candidate to a state or municipal office: 19 (1) the state, its agencies, and its corporations; 20 (2) the University of Alaska and its Board of Regents; 21 (3) municipalities, school districts, and regional educational attendance 22 areas, or another political subdivision of the state; and 23 (4) an officer or employee of an entity identified in (1) - (3) of this 24 subsection. 25 (b) Money held by an entity identified in (a)(1) - (3) of this section may be 26 used to influence the outcome of an election concerning a ballot proposition or 27 question, but only if the funds have been specifically appropriated for that purpose by 28 a state law or a municipal ordinance. 29 (c) Money held by an entity identified in (a)(1) - (3) of this section may be 30 used 31 (1) to disseminate information about the time and place of an election

01 and to hold an election; 02 (2) to provide the public with nonpartisan information about a ballot 03 proposition or question or about all the candidates seeking election to a particular 04 public office. 05 (d) When expenditure of money is authorized by (b) or (c) of this section and 06 is used to influence the outcome of an election, the expenditures shall be reported to 07 the commission in the same manner as an individual is required to report under 08 AS 15.13.040. 09 Sec. 15.13.150. ELECTION EDUCATIONAL ACTIVITIES NOT 10 PROHIBITED. This chapter does not prohibit a person from engaging in educational 11 election-related communications and activities, including 12 (1) the publication of the date and location of an election; 13 (2) the education of students about voting and elections; 14 (3) the sponsorship of open candidate debate forums; 15 (4) participation in get-out-the-vote or voter registration drives that do 16 not favor a particular candidate, political party, or political position; 17 (5) the dissemination of the views of all candidates running for a 18 particular office. 19 Sec. 15.13.155. RESTRICTIONS ON EARNED INCOME AND 20 HONORARIA. (a) A candidate for the state legislature, for governor, or for 21 lieutenant governor, including an individual campaigning as a write-in candidate for 22 the office, may not 23 (1) seek or accept compensation for personal services that involves 24 payments that are not commensurate with the services rendered taking into account the 25 higher rates generally charged by specialists in a profession; or 26 (2) accept a payment of anything of value, except for actual and 27 necessarily incurred travel expenses, for an appearance or speech; this paragraph does 28 not apply to the salary paid to the candidate for making an appearance or speech as 29 part of the candidate's normal course of employment. 30 (b) Notwithstanding (a) of this section, a candidate for the state legislature, for 31 governor, or for lieutenant governor, including an individual campaigning as a write-in

01 candidate for the office, may accept a payment for an appearance or speech if the 02 appearance or speech is not connected with the individual's status as a state official or 03 as a candidate. 04 Sec. 15.13.400. DEFINITIONS. In this chapter, 05 (1) "candidate" 06 (A) means an individual who files for election to the state 07 legislature, for governor, for lieutenant governor, for municipal office, for 08 retention in judicial office, or for constitutional convention delegate, or who 09 campaigns as a write-in candidate for any of these offices; and 10 (B) when used in a provision of this chapter that limits or 11 prohibits the donation, solicitation, or acceptance of campaign contributions, or 12 limits or prohibits an expenditure, includes 13 (i) a candidate's campaign treasurer and a deputy 14 campaign treasurer; 15 (ii) a member of the candidate's immediate family; 16 (iii) a person acting as agent for the candidate; 17 (iv) the candidate's campaign committee; and 18 (v) a group that makes expenditures or receives 19 contributions with the authorization or consent, express or implied, or 20 under the control, direct or indirect, of the candidate; 21 (2) "commission" means the Alaska Public Offices Commission; 22 (3) "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 that is made for the purpose of influencing the 26 nomination or election of a candidate, and in AS 15.13.010(b) for the purpose 27 of influencing a ballot proposition or question, including the payment by a 28 person other than a candidate or political party, or compensation for the 29 personal services of another person, that are rendered to the candidate or 30 political party; 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 candidate or ballot proposition or question, but it does include 04 professional services volunteered by individuals for which they 05 ordinarily would be paid a fee or wage; 06 (ii) services provided by an accountant or other person 07 to prepare reports and statements required by this chapter; or 08 (iii) ordinary hospitality in a home; 09 (4) "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; or 20 (iv) influencing the outcome of a ballot proposition or 21 question; 22 (B) does not include a candidate's filing fee or the cost of 23 preparing reports and statements required by this chapter; 24 (5) "group" means 25 (A) every state and regional executive committee of a political 26 party; and 27 (B) any combination of two or more individuals acting jointly 28 who organize for the principal purpose to influence the outcome of one or more 29 elections and who take action the major purpose of which is to influence the 30 outcome of an election; a group that makes expenditures or receives 31 contributions with the authorization or consent, express or implied, or under the

01 control, direct or indirect, of a candidate shall be considered to be controlled 02 by that candidate; a group whose major purpose is to further the nomination, 03 election, or candidacy of only one individual, or intends to expend more than 04 50 percent of its money on a single candidate, shall be considered to be 05 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, 08 on 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; 16 (6) "immediate family" means the spouse, parents, children, including 17 a stepchild and an adoptive child, and siblings of an individual; 18 (7) "independent expenditure" means an expenditure that is made 19 without the direct or indirect consultation or cooperation with, or at the suggestion or 20 the request of, or with the prior consent of, a candidate, a candidate's campaign 21 treasurer or deputy campaign treasurer, or another person acting as a principal or agent 22 of the candidate; 23 (8) "individual" means a natural person; 24 (9) "person" has the meaning given in AS 01.10.060, and includes a 25 labor union and a group; 26 (10) "political party" means 27 (A) an organized group of voters that represents a political 28 program and that nominated a candidate for governor who received at least 29 three percent of the total votes cast at any one of the last five preceding general 30 elections for governor; and 31 (B) a subordinate unit of the organized group of voters

01 qualifying as a political party under (A) of this paragraph if, consistent with the 02 rules or bylaws of the political party, the unit conducts or supports campaign 03 operations in a municipality, neighborhood, election district, or precinct; 04 (11) "publicly funded entity" means a person, other than an individual, 05 that receives half or more of the money on which it operates during a calendar year 06 from government, including a public corporation. 07 * Sec. 25. AS 15.56 is amended by adding new sections to read: 08 Sec. 15.56.012. CAMPAIGN MISCONDUCT IN THE FIRST DEGREE. (a) 09 Except as provided in AS 15.56.014 and 15.56.016, a person commits the crime of 10 campaign misconduct in the first degree if the person knowingly engages in conduct 11 that violates a provision of AS 15.13 or a regulation adopted under authority of 12 AS 15.13. 13 (b) Violation of this section is a corrupt practice. 14 (c) Campaign misconduct in the first degree is a class A misdemeanor. 15 Sec. 15.56.014. CAMPAIGN MISCONDUCT IN THE SECOND DEGREE. 16 (a) A person commits the crime of campaign misconduct in the second degree if the 17 person 18 (1) knowingly circulates or has written, printed or circulated a letter, 19 circular, or publication relating to an election, to a candidate at an election, or an 20 election proposition or question without the name and address of the author appearing 21 on its face; 22 (2) except as provided by AS 15.13.090(b), knowingly prints or 23 publishes an advertisement, billboard, placard, poster, handbill, paid-for television or 24 radio announcement or other communication intended to influence the election of a 25 candidate or outcome of a ballot proposition or question without the words "paid for 26 by" followed by the name and address of the candidate, group or individual paying for 27 the advertising or communication and, if a candidate or group, with the name of the 28 campaign chair; 29 (3) knowingly writes or prints and circulates, or has written, printed and 30 circulated, a letter, circular, bill, placard, poster or advertisement in a newspaper, on 31 radio or television

01 (A) containing false factual information relating to a candidate 02 for an election; 03 (B) that the person knows to be false; and 04 (C) that would provoke a reasonable person under the 05 circumstances to a breach of the peace or that a reasonable person would 06 construe as damaging to the candidate's reputation for honesty, integrity, or the 07 candidate's qualifications to serve if elected to office. 08 (b) Violation of this section is a corrupt practice. 09 (c) Campaign misconduct in the second degree is a class B misdemeanor. 10 Sec. 15.56.016. CAMPAIGN MISCONDUCT IN THE THIRD DEGREE. (a) 11 A person commits the crime of campaign misconduct in the third degree if 12 (1) the person violates a provision of AS 15.13 or a regulation adopted 13 under AS 15.13; or 14 (2) during the hours the polls are open and after election judges have 15 posted warning notices as required by AS 15.15.170 or at the required distance in the 16 form and manner prescribed by the chief municipal elections official in a local 17 election, the person is within 200 feet of an entrance to a polling place, and 18 (A) violates AS 15.15.170; or 19 (B) circulates cards, handbills, or marked ballots, or posts 20 political signs or posters relating to a candidate at an election or election 21 proposition or question. 22 (b) Campaign misconduct in the third degree is a violation. 23 Sec. 15.56.018. APPLICABILITY OF CAMPAIGN MISCONDUCT 24 PROVISIONS. (a) For purposes of AS 15.56.012(a) and 15.56.016(a)(1), each day 25 a violation continues constitutes a separate offense. 26 (b) When a person is convicted of violating AS 15.56.012, in addition to 27 imposition of a sentence as authorized by AS 12.55.015, notwithstanding 28 AS 12.55.015(c), the court shall order suspension, for a period of one year, of any 29 license held by the defendant that allows the defendant to do business in the state. 30 Sec. 15.56.019. DEFINITION. In AS 15.56.012 - 15.56.018, the term 31 "knowingly" has the meaning given in AS 11.81.900(a).

01 * Sec. 26. AS 24.45.121(a) is amended to read: 02 (a) A lobbyist may not 03 (1) engage in any activity as a lobbyist before registering under 04 AS 24.45.041; 05 (2) do anything with the intent of placing a public official under 06 personal obligation to the lobbyist or to the lobbyist's employer; 07 (3) intentionally deceive or attempt to deceive any public official with 08 regard to any material fact pertinent to pending or proposed legislative or 09 administrative action; 10 (4) cause or influence the introduction of a legislative measure solely 11 for the purpose of thereafter being employed to secure its passage or its defeat; 12 (5) cause a communication to be sent to a public official in the name 13 of any fictitious person or in the name of any real person, except with the consent of 14 that person; 15 (6) accept or agree to accept any payment in any way contingent upon 16 the defeat, enactment, or outcome of any proposed legislative or administrative action; 17 (7) serve as a member of a state board, or commission, if the lobbyist's 18 employer may receive direct economic benefit from a decision of that board or 19 commission; 20 (8) serve as a campaign manager or director, serve as a campaign 21 treasurer or deputy campaign treasurer on a finance or fund-raising committee, host a 22 fund-raising event, directly or indirectly collect contributions for, or deliver 23 contributions to, a candidate or otherwise [ACTIVELY] engage in the fund-raising 24 activity of a legislative campaign or campaign for governor or lieutenant governor 25 if the lobbyist has registered, or is required to register as a lobbyist, under this 26 chapter, during the calendar year; this paragraph does not apply to a representational 27 lobbyist as defined in the regulations of the Alaska Public Offices Commission, and 28 does not prohibit a lobbyist from making personal contributions to a candidate as 29 authorized by AS 15.13 or personally advocating on behalf of a candidate; 30 (9) offer, solicit, initiate, facilitate, or provide to or on behalf of a 31 person covered by AS 24.60, during a legislative session, a gift, other than food or

01 beverage for immediate consumption; 02 (10) make or offer a gift or a campaign contribution whose acceptance 03 by the person to whom it is offered would violate AS 24.60. 04 * Sec. 27. AS 24.60.031(b) is amended to read: 05 (b) In this section, "contribution" has the meaning given in AS 15.13.400 06 [AS 15.13.130]. 07 * Sec. 28. AS 15.13.120(a), 15.13.130; AS 15.56.010, and 15.56.020 are repealed. 08 * Sec. 29. CONSTRUCTION AND APPLICATION. Each provision of this Act shall be 09 construed to avoid a conflict with any federal law that, under the United States Constitution, 10 prevails over the state provision. 11 * Sec. 30. APPLICABILITY OF AS 15.13 TO PERSONS OTHER THAN INDIVIDUALS. 12 If a court determines that, under the federal or state constitutions, persons who are not 13 individuals must be allowed to contribute to candidates or groups, then the requirements, 14 monetary limitations, and restrictions of AS 15.13 are applicable to those persons. 15 * Sec. 31. SEVERABILITY. Under AS 01.10.030, if any provision of this Act, or the 16 application thereof to any person or circumstance, is held invalid, the remainder of this Act 17 and the application to other persons or circumstances is not affected thereby. 18 * Sec. 32. CAMPAIGN ASSET BALANCE HELD ON EFFECTIVE DATE OF THIS 19 SECTION. A person who was a candidate as that term is defined by AS 15.13.400, added 20 by sec. 24 of this Act, and who, on the effective date of this section, holds unused campaign 21 contributions obtained while the person was a candidate and before the effective date of this 22 section may, notwithstanding AS 15.13.116, added by sec. 19 of this Act, retain those unused 23 campaign contributions for a future election campaign. The person's use of the campaign 24 contribution balance in a future election campaign makes those unused campaign contributions 25 subject to the provisions of AS 15.13.010 - 15.13.400 relating to the use of campaign 26 contributions, including AS 15.13.116, added by sec. 19 of this Act, relating to disbursement 27 of campaign assets after election at the conclusion of that future election campaign. 28 * Sec. 33. TAKING EFFECT OF ACT MADE CONDITIONAL. (a) Sections 1 - 32 of 29 this Act take effect only if, under art. XI, sec. 4, Constitution of the State of Alaska, and 30 AS 15.45.210, the lieutenant governor determines that secs. 1 - 32 of this Act are substantially 31 the same as the law proposed to be enacted by the Initiative entitled "An Initiative relating to

01 election campaign financing and the Alaska Public Offices Commission; and providing for an 02 effective date," identified by the division of elections as Initiative Petition 95 CFPO, filed with 03 the lieutenant governor by the Initiative sponsors under AS 15.45.140 on December 15, 1995. 04 (b) In addition to the requirements of (a) of this section, sec. 12 of this Act takes 05 effect only if a court order is entered and becomes final declaring that the dates set out in 06 AS 15.13.074(c), as enacted by sec. 11 of this Act, as the dates before which campaign 07 contributions may not be accepted, are unconstitutional. 08 * Sec. 34. If sec. 12 of this Act takes effect, it takes effect on the day after the date a court 09 order described in sec. 33(b) of this Act becomes final. 10 * Sec. 35. If secs. 1 - 11 and 13 - 32 of this Act take effect, they take effect January 1, 11 1997. 12 * Sec. 36. Section 33 of this Act takes effect immediately under AS 01.10.070(c).