AK
Alaska House Bill HB36

Alaska 2023-2024 Regular Session

Alaska House Bill HB36 Compare Versions

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2-HB0036b -1- SSHB 36
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11- SPONSOR SUBSTITUTE FOR HOUSE BILL NO. 36
11+ HOUSE BILL NO. 36
1212
1313 IN THE LEGISLATURE OF THE STATE OF ALASKA
1414
1515 THIRTY-THIRD LEGISLATURE - FIRST SESSION
1616
1717 BY REPRESENTATIVE SCHRAGE
1818
19-Introduced: 1/19/23
20-Referred: State Affairs, Judiciary
19+Introduced: 1/13/23
20+Referred: Prefiled
2121
2222
2323 A BILL
2424
2525 FOR AN ACT ENTITLED
2626
2727 "An Act requiring the disclosure of the identity of certain persons, groups, and 1
2828 nongroup entities that expend money in support of or in opposition to an application 2
2929 filed for a state referendum or recall election; relating to political contributions; and 3
3030 providing for an effective date." 4
3131 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 5
3232 * Section 1. AS 15.13.010(b) is amended to read: 6
3333 (b) Except as otherwise provided, this chapter applies to contributions, 7
3434 expenditures, and communications made to influence the nomination or election of
3535 8
3636 a candidate or for the purpose of 9
3737 (1) influencing the outcome of a ballot proposition or question; or 10
3838 (2) supporting or opposing 11
3939 (A) an initiative proposal application filed under 12
4040 AS 15.45.020; 13
41-(B) a referendum application filed under AS 15.45.260; or 14 33-LS0220\B
42-SSHB 36 -2- HB0036b
41+(B) a referendum application filed under AS 15.45.260; or 14 33-LS0220\A
42+HB 36 -2- HB0036a
4343 New Text Underlined [DELETED TEXT BRACKETED]
4444
4545 (C) a recall application filed under AS 15.45.480 [AS WELL 1
4646 AS THOSE MADE TO INFLUENCE THE NOMINATION OR ELECTION 2
4747 OF A CANDIDATE]. 3
4848 * Sec. 2. AS 15.13.050(a) is amended to read: 4
4949 (a) Before making an expenditure in support of or in opposition to a candidate 5
5050 or before making an expenditure in support of or in opposition to a ballot proposition 6
5151 or question or to an initiative proposal application filed [WITH THE LIEUTENANT 7
5252 GOVERNOR] under AS 15.45.020, a referendum application filed under 8
5353 AS 15.45.260, or a recall application filed under AS 15.45.480, each person other 9
5454 than an individual shall register, on forms provided by the commission, with the 10
5555 commission. 11
5656 * Sec. 3. AS 15.13.065(c) is amended to read: 12
5757 (c) Except for reports required by AS 15.13.040 and 15.13.110 and except for 13
5858 the requirements of AS 15.13.050, 15.13.060, and 15.13.112 - 15.13.114, the 14
5959 provisions of AS 15.13.010 - 15.13.116 do not apply to limit the authority of a person 15
6060 to make contributions to influence the outcome of a ballot proposition. In this 16
6161 subsection, in addition to its meaning in AS 15.80.010, "proposition" includes 17
6262 (1) an issue placed on a ballot to determine whether 18
6363 (A) a constitutional convention shall be called; 19
6464 (B) a debt shall be contracted; 20
6565 (C) an advisory question shall be approved or rejected; or 21
6666 (D) a municipality shall be incorporated; 22
6767 (2) an initiative proposal application filed [WITH THE LIEUTENANT 23
6868 GOVERNOR] under AS 15.45.020; 24
6969 (3) a referendum application filed under AS 15.45.260; and 25
7070 (4) a recall application filed under AS 15.45.480. 26
7171 * Sec. 4. AS 15.13.070(b) is amended to read: 27
7272 (b) Except as provided in (h) of this section, an [AN] individual may 28
7373 contribute not more than 29
7474 (1) $2,000 each campaign period [$500 PER YEAR] to a nongroup 30
75-entity for the purpose of influencing the nomination or election of a candidate, to a 31 33-LS0220\B
76-HB0036b -3- SSHB 36
75+entity for the purpose of influencing the nomination or election of a candidate, to a 31 33-LS0220\A
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7878
7979 candidate, or to an individual who conducts a write-in campaign as a candidate [, OR 1
8080 TO A GROUP THAT IS NOT A POLITICAL PARTY]; 2
8181 (2) $5,000 a [PER] year to a political party or other group. 3
8282 * Sec. 5. AS 15.13.070(c) is amended to read: 4
8383 (c) Except as provided in (h) of this section, a [A] group that is not a 5
8484 political party may contribute not more than 6
8585 (1) $4,000 each campaign period [$1,000 PER YEAR (1)] to a 7
8686 candidate, or to an individual who conducts a write-in campaign as a candidate; 8
8787 (2) $5,000 each year to another group, to a nongroup entity, or to a 9
8888 political party. 10
8989 * Sec. 6. AS 15.13.070(f) is amended to read: 11
9090 (f) Except as provided in (h) of this section, a [A] nongroup entity may 12
9191 contribute not more than 13
9292 (1) $4,000 each campaign period [$1,000 A YEAR] to another 14
9393 nongroup entity for the purpose of influencing the nomination or election of a 15
9494 candidate, to a candidate, or to an individual who conducts a write-in campaign as a 16
9595 candidate; 17
9696 (2) $5,000 each year [,] to a group [,] or to a political party. 18
9797 * Sec. 7. AS 15.13.070(g) is amended to read: 19
9898 (g) Where contributions are made to a joint campaign for governor and 20
9999 lieutenant governor, 21
100100 (1) an individual may contribute not more than $4,000 each campaign 22
101101 period [$1,000 PER YEAR]; and 23
102102 (2) a group may contribute not more than $8,000 each campaign 24
103103 period [$2,000 PER YEAR]. 25
104104 * Sec. 8. AS 15.13.070 is amended by adding new subsections to read: 26
105105 (h) The contribution limits provided under (b)(1), (c)(2), and (f) of this section 27
106106 do not apply to an individual, group, or nongroup entity contributing to a group or 28
107107 nongroup entity that makes only independent expenditures. 29
108108 (i) Beginning in the first quarter of calendar year 2031 and every 10 years 30
109-thereafter, the commission shall, by regulation, adjust the contribution limitations set 31 33-LS0220\B
110-SSHB 36 -4- HB0036b
109+thereafter, the commission shall, by regulation, adjust the contribution limitations set 31 33-LS0220\A
110+HB 36 -4- HB0036a
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112112
113113 out in this section by a percentage equal to the percentage of increase over the 1
114114 preceding 10-year period in all items of the Consumer Price Index for all urban 2
115115 consumers for urban Alaska, rounded to the nearest $50 increment. 3
116116 * Sec. 9. AS 15.13 is amended by adding a new section to read: 4
117117 Sec. 15.13.092. Identification of nonresident contributors to a candidate. 5
118118 (a) In addition to the information required by AS 15.13.090, all communications paid 6
119119 for by a candidate who has received more than 25 percent of the candidate's aggregate 7
120120 contributions from true sources, or their equivalents, who, at the time of the 8
121121 contribution, reside or have their principal place of business outside the state, must 9
122122 identify that the majority of the candidate's contributions originated from outside the 10
123123 state. 11
124124 (b) A communication subject to this section that includes a print or video 12
125125 component must have the following statement placed in the communication so as to be 13
126-easily discernible: "More than 25 percent of the aggregate contributions to (candidate's 14
127-name) came from outside the State of Alaska." In a broadcast, cable, satellite, Internet, 15
128-or other digital communication, the statement must remain onscreen throughout the 16
129-entirety of the communication. 17
126+easily discernible: "A majority of contributions to (candidate's name) came from 14
127+outside the State of Alaska." In a broadcast, cable, satellite, Internet, or other digital 15
128+communication, the statement must remain onscreen throughout the entirety of the 16
129+communication. 17
130130 (c) A communication subject to this section that is transmitted through radio 18
131131 or other audio media or that includes an audio component must include the following 19
132-statement, read in a manner that is easily heard: "More than 25 percent of the 20
133-aggregate contributions to (candidate's name) came from outside the State of Alaska." 21
132+statement, read in a manner that is easily heard: "A majority of contributions to 20
133+(candidate's name) came from outside the State of Alaska." 21
134134 * Sec. 10. AS 15.13.110(e) is amended to read: 22
135135 (e) A referendum committee, person, group, or nongroup entity receiving 23
136136 contributions exceeding $500 or making expenditures exceeding $500 in a 24
137137 calendar year in support of or in opposition to a referendum on the ballot in a 25
138138 statewide election or a referendum application filed with the lieutenant governor 26
139139 under AS 15.45.260 shall file a [GROUP FORMED TO SPONSOR A 27
140140 REFERENDUM OR A RECALL SHALL REPORT 30 DAYS AFTER ITS FIRST 28
141141 FILING WITH THE LIEUTENANT GOVERNOR. THEREAFTER, EACH GROUP 29
142142 SHALL] report within 10 days after the end of each calendar quarter on the 30
143-contributions received and expenditures made during the preceding calendar quarter 31 33-LS0220\B
144-HB0036b -5- SSHB 36
143+contributions received and expenditures made during the preceding calendar quarter 31 33-LS0220\A
144+HB0036a -5- HB 36
145145 New Text Underlined [DELETED TEXT BRACKETED]
146146
147147 until reports are due under (a) and (b) of this section. If the report is a first report, it 1
148148 must cover the period beginning the day a referendum application is filed under 2
149149 AS 15.45.260 and ending three days before the due date of the report. 3
150150 * Sec. 11. AS 15.13.110(i) is amended to read: 4
151151 (i) During a campaign period, the commission may not change the manner or 5
152152 format in which reports required of a candidate under this chapter must be filed. [IN 6
153153 THIS SUBSECTION, "CAMPAIGN PERIOD" MEANS THE PERIOD BEGINNING 7
154154 ON THE DATE THAT A CANDIDATE BECOMES ELIGIBLE TO RECEIVE 8
155155 CAMPAIGN CONTRIBUTIONS UNDER THIS CHAPTER AND ENDING ON 9
156156 THE DATE THAT A FINAL REPORT FOR THAT SAME CAMPAIGN MUST BE 10
157157 FILED.] 11
158158 * Sec. 12. AS 15.13.110 is amended by adding a new subsection to read: 12
159159 (l) A recall committee, person, group, or nongroup entity receiving 13
160160 contributions exceeding $500 or making expenditures exceeding $500 in a calendar 14
161161 year in support of or in opposition to the recall of a public official in a statewide 15
162162 election or a recall application filed with the lieutenant governor under AS 15.45.480 16
163163 shall file a report within 10 days after the end of each calendar quarter on the 17
164164 contributions received and expenditures made during the preceding calendar quarter 18
165165 until reports are due under (a) and (b) of this section. If the report is a first report, it 19
166166 must cover the period beginning the day a recall application is filed under 20
167167 AS 15.45.480 and ending three days before the due date of the report. 21
168168 * Sec. 13. AS 15.13.400(4) is amended to read: 22
169169 (4) "contribution" 23
170170 (A) means a purchase, payment, promise or obligation to pay, 24
171171 loan or loan guarantee, deposit or gift of money, goods, or services for which 25
172172 charge is ordinarily made, and includes the payment by a person other than a 26
173173 candidate or political party or other group, or compensation for the personal 27
174174 services of another person, that is rendered to the candidate or political party 28
175175 or other group [,] and that is made for the purpose of 29
176176 (i) influencing the nomination or election of a 30
177-candidate; 31 33-LS0220\B
178-SSHB 36 -6- HB0036b
177+candidate; 31 33-LS0220\A
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179179 New Text Underlined [DELETED TEXT BRACKETED]
180180
181181 (ii) influencing a ballot proposition or question; or 1
182182 (iii) supporting or opposing an initiative proposal 2
183183 application filed [WITH THE LIEUTENANT GOVERNOR] under 3
184184 AS 15.45.020, a referendum application filed under AS 15.45.260, 4
185185 or a recall application filed under AS 15.45.480; 5
186186 (B) does not include 6
187187 (i) services provided without compensation by 7
188188 individuals volunteering a portion or all of their time on behalf of a 8
189189 political party, candidate, or ballot proposition or question; 9
190190 (ii) ordinary hospitality in a home; 10
191191 (iii) two or fewer mass mailings before each election by 11
192192 each political party describing members of the party running as 12
193193 candidates for public office in that election, which may include 13
194194 photographs, biographies, and information about the candidates; 14
195195 (iv) the results of a poll limited to issues and not 15
196196 mentioning any candidate, unless the poll was requested by or designed 16
197197 primarily to benefit the candidate; 17
198198 (v) any communication in the form of a newsletter from 18
199199 a legislator to the legislator's constituents, except a communication 19
200200 expressly advocating the election or defeat of a candidate or a 20
201201 newsletter or material in a newsletter that is clearly only for the private 21
202202 benefit of a legislator or a legislative employee; 22
203203 (vi) a fundraising list provided without compensation 23
204204 by one candidate or political party to a candidate or political party; or 24
205205 (vii) an opportunity to participate in a candidate forum 25
206206 provided to a candidate without compensation to the candidate by 26
207207 another person and for which a candidate is not ordinarily charged; 27
208208 * Sec. 14. AS 15.13.400(7) is amended to read: 28
209209 (7) "expenditure" 29
210210 (A) means a purchase or a transfer of money or anything of 30
211-value, or promise or agreement to purchase or transfer money or anything of 31 33-LS0220\B
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211+value, or promise or agreement to purchase or transfer money or anything of 31 33-LS0220\A
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214214
215215 value, incurred or made for the purpose of 1
216216 (i) influencing the nomination or election of a candidate 2
217217 or of any individual who files for nomination at a later date and 3
218218 becomes a candidate; 4
219219 (ii) use by a political party; 5
220220 (iii) the payment by a person other than a candidate or 6
221221 political party of compensation for the personal services of another 7
222222 person that are rendered to a candidate or political party; 8
223223 (iv) influencing the outcome of a ballot proposition or 9
224224 question; or 10
225225 (v) supporting or opposing an initiative proposal 11
226226 application filed [WITH THE LIEUTENANT GOVERNOR] under 12
227227 AS 15.45.020, a referendum application filed under AS 15.45.260, 13
228228 or a recall application filed under AS 15.45.480; 14
229229 (B) does not include a candidate's filing fee or the cost of 15
230230 preparing reports and statements required by this chapter; 16
231231 (C) includes an express communication and an electioneering 17
232232 communication, but does not include an issues communication; 18
233233 * Sec. 15. AS 15.13.400(9) is amended to read: 19
234234 (9) "group" means 20
235235 (A) every state and regional executive committee of a political 21
236236 party; 22
237237 (B) any combination of two or more individuals acting jointly 23
238238 who organize for the principal purpose of influencing the outcome of one or 24
239239 more elections and who take action the major purpose of which is to influence 25
240240 the outcome of an election; a group that makes expenditures or receives 26
241241 contributions with the authorization or consent, express or implied, or under 27
242242 the control, direct or indirect, of a candidate shall be considered to be 28
243243 controlled by that candidate; a group whose major purpose is to further the 29
244244 nomination, election, or candidacy of only one individual, or intends to expend 30
245-more than 50 percent of its money on a single candidate, shall be considered to 31 33-LS0220\B
246-SSHB 36 -8- HB0036b
245+more than 50 percent of its money on a single candidate, shall be considered to 31 33-LS0220\A
246+HB 36 -8- HB0036a
247247 New Text Underlined [DELETED TEXT BRACKETED]
248248
249249 be controlled by that candidate and its actions done with the candidate's 1
250250 knowledge and consent unless, within 10 days from the date the candidate 2
251251 learns of the existence of the group the candidate files with the commission, on 3
252252 a form provided by the commission, an affidavit that the group is operating 4
253253 without the candidate's control; a group organized for more than one year 5
254254 preceding an election and endorsing candidates for more than one office or 6
255255 more than one political party is presumed not to be controlled by a candidate; 7
256256 however, a group that contributes more than 50 percent of its money to or on 8
257257 behalf of one candidate shall be considered to support only one candidate for 9
258258 purposes of AS 15.13.070, whether or not control of the group has been 10
259259 disclaimed by the candidate; and 11
260260 (C) any combination of two or more individuals acting jointly 12
261261 who organize for the principal purpose of filing 13
262262 (i) an initiative proposal application under 14
263263 AS 15.45.020 or who file an initiative proposal application under 15
264264 AS 15.45.020; 16
265265 (ii) a referendum application under AS 15.45.260 or 17
266266 who file a referendum application under AS 15.45.260; or 18
267267 (iii) a recall application under AS 15.45.480 or who 19
268268 file a recall application under AS 15.45.480; 20
269269 * Sec. 16. AS 15.13.400 is amended by adding a new paragraph to read: 21
270270 (20) "campaign period" means the period beginning on the date that a 22
271271 candidate becomes eligible to receive campaign contributions under this chapter and 23
272272 ending on the date that a final report for that same campaign must be filed. 24
273273 * Sec. 17. The uncodified law of the State of Alaska is amended by adding a new section to 25
274274 read: 26
275275 APPLICABILITY. Sections 1 - 3, 10, and 12 - 15 of this Act apply only to a 27
276276 referendum or recall for which the application is filed with the lieutenant governor under 28
277277 AS 15.45.260 or 15.45.480, respectively, on or after the effective date of secs. 1 - 3, 10, and 29
278278 12 - 15 of this Act. 30
279- * Sec. 18. Sections 4 - 9, 11, and 16 of this Act take effect immediately under 31 33-LS0220\B
280-HB0036b -9- SSHB 36
279+ * Sec. 18. Sections 4 - 9, 11, and 16 of this Act take effect immediately under 31 33-LS0220\A
280+HB0036a -9- HB 36
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282282
283283 AS 01.10.070(c). 1
284284 * Sec. 19. Except as provided in sec. 18 of this Act, this Act takes effect January 1, 2024. 2