SCS CSHB 45(JUD): "An Act relating to initiative, referendum, and recall petitions; and providing for an effective date."
00SENATE CS FOR CS FOR HOUSE BILL NO. 45(JUD) 01 "An Act relating to initiative, referendum, and recall petitions; and providing for 02 an effective date." 03 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 04 * Section 1. AS 15.45.110(a) is amended to read: 05 (a) The petitions may be circulated throughout the state [ONLY BY A 06 SPONSOR AND] only in person. 07 * Sec. 2. AS 15.45.110(c) is amended to read: 08 (c) A circulator [SPONSOR] may not receive payment or agree to receive 09 payment that is greater than $1 a signature, and a person or an organization may not 10 pay or agree to pay an amount that is greater than $1 a signature, for the collection of 11 signatures on a petition. 12 * Sec. 3. AS 15.45.110(e) is amended to read: 13 (e) A person or organization that violates (c) or (d) [(b) - (d)] of this section 14 is guilty of a class B misdemeanor.
01 * Sec. 4. AS 15.45.130 is amended to read: 02 Sec. 15.45.130. Certification of circulator [SPONSOR]. Before being filed, 03 each petition shall be certified by an affidavit by the person [SPONSOR] who 04 personally circulated the petition. The affidavit must state in substance that (1) the 05 person signing the affidavit meets the residency, age, and citizenship qualifications 06 of AS 15.05.010 [IS A SPONSOR], (2) the person is the only circulator of that 07 petition, (3) the signatures were made in the circulator's [SPONSOR'S] actual 08 presence, (4) to the best of the circulator's [SPONSOR'S] knowledge, the signatures 09 are those of the persons whose names they purport to be, (5) the signatures are of 10 persons who were qualified voters on the date of signature, (6) the person has not 11 entered into an agreement with a person or organization in violation of 12 AS 15.45.110(c), (7) the person has not violated AS 15.45.110(d) with respect to that 13 petition, and (8) the circulator [SPONSOR] prominently placed, in the space provided 14 under AS 15.45.090(5) before circulation of the petition, in bold capital letters, the 15 circulator's [SPONSOR'S] name and, if the circulator [SPONSOR] has received 16 payment or agreed to receive payment for the collection of signatures on the petition, 17 the name of each person or organization that has paid or agreed to pay the circulator 18 [SPONSOR] for collection of signatures on the petition. In determining the sufficiency 19 of the petition, the lieutenant governor may not count subscriptions on petitions not 20 properly certified. 21 * Sec. 5. AS 15.45.140 is amended to read: 22 Sec. 15.45.140. Filing of petition. (a) The sponsors must file the initiative 23 petition within one year from the time the sponsors received notice from the lieutenant 24 governor that the petitions were ready for delivery to them . The [, AND THE] 25 petition may be filed with the lieutenant governor only if it meets all of the 26 following requirements: it is [MUST BE] signed by qualified voters 27 (1) equal in number to 10 percent of those who voted in the preceding 28 general election ; 29 (2) [AND] resident in at least three-fourths [TWO-THIRDS] of the 30 house [ELECTION] districts of the state ; and 31 (3) who, in each of the house districts described in (2) of this
01 subsection, are equal in number to at least four percent of those who voted in the 02 preceding general election in the house district . 03 (b) If the petition is not filed within the one year period provided for in (a) 04 of this section, the petition has no force or effect. 05 * Sec. 6. AS 15.45.340 is amended to read: 06 Sec. 15.45.340. Circulation [BY SPONSOR]. The petitions may be 07 circulated throughout the state [ONLY BY A SPONSOR AND] only in person. 08 * Sec. 7. AS 15.45.360 is amended to read: 09 Sec. 15.45.360. Certification of circulator [SPONSOR]. Before being filed, 10 each petition shall be certified by an affidavit by the sponsor who circulated the 11 petition. The affidavit must [SHALL] state in substance that (1) the person signing 12 the affidavit meets the residency, age, and citizenship qualifications of 13 AS 15.05.010 [IS A SPONSOR], (2) the person is the only circulator of the petition, 14 (3) the signatures were made in the circulator's [SPONSOR'S] actual presence, and 15 (4) to the best of the circulator's [SPONSOR'S] knowledge, the signatures are the 16 signatures of persons whose names they purport to be. In determining the sufficiency 17 of the petition, the lieutenant governor may not count subscriptions on petitions not 18 properly certified. 19 * Sec. 8. AS 15.45.370 is amended to read: 20 Sec. 15.45.370. Filing of petition. The sponsors may file the petition 21 (1) only within 90 days after the adjournment of the legislative session 22 at which the act was passed ; and 23 (2) only if it meets all of the following requirements: it is signed by 24 qualified voters 25 (A) equal in number to 10 percent of those who voted in the 26 preceding general election ; 27 (B) [AND] resident in at least three-fourths [TWO-THIRDS] 28 of the house [ELECTION] districts of the state ; and 29 (C) who, in each of the house districts described in (B) of 30 this paragraph, are equal in number to at least four percent of those who 31 voted in the preceding general election in the house district .
01 * Sec. 9. AS 15.45.580 is amended to read: 02 Sec. 15.45.580. Circulation [BY SPONSOR]. The petitions may be 03 circulated [ONLY BY A SPONSOR AND] only in person throughout the state or 04 senate or house [ELECTION] district represented by the official sought to be recalled. 05 * Sec. 10. AS 15.45.600 is amended to read: 06 Sec. 15.45.600. Certification of circulator [SPONSOR]. Before being filed, 07 each petition shall be certified by an affidavit by the circulator [SPONSOR] who 08 personally circulated the petition. The affidavit must [SHALL] state in substance that 09 (1) the person signing the affidavit meets the residency, age, and citizenship 10 qualifications of AS 15.05.010 [IS A SPONSOR], (2) the person is the only circulator 11 of that petition or copy, (3) the signatures were made in the circulator's 12 [SPONSOR'S] actual presence, and (4) to the best of the circulator's [SPONSOR'S] 13 knowledge, the signatures are those of the persons whose names they purport to be. 14 In determining the sufficiency of the petition, the director may not count subscriptions 15 on petitions not properly certified. 16 * Sec. 11. AS 15.45.110(b) is repealed. 17 * Sec. 12. The uncodified law of the State of Alaska is amended by adding a new section 18 to read: 19 CONDITIONAL EFFECT OF ACT. Sections 5 and 8 of this Act take effect only if 20 a constitutional amendment requiring signatures from four percent of the qualified voters who 21 voted in the district in the preceding general election in each of three-fourths of the house 22 districts of the state is passed by the legislature and approved by the voters at the 2000 general 23 election. 24 * Sec. 13. If sections 5 and 8 of this Act take effect under sec. 12 of this Act, they take 25 effect on the effective date of the amendment described in sec. 12 of this Act. 26 * Sec. 14. Sections 1 - 4, 6, 7, and 9 - 12 of this Act take effect immediately under 27 AS 01.10.070(c).