Legislature(1997 - 1998)

05/08/1998 07:30 PM House FIN

Audio Topic
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
txt
SENATE BILL NO. 313                                                            
                                                                               
"An Act relating to sponsor certification of initiative                        
petitions; relating to sponsor identification during                           
petition circulation; relating to the voidability of an                        
initiated law; placing limitations on the compensation                         
that may be paid to sponsors of initiative petitions;                          
prohibiting payments to persons who sign or refrain                            
from signing initiative petitions; and repealing                               
procedures for filing a supplementary initiative                               
petition."                                                                     
                                                                               
Co-Chair Therriault provided members with a memorandum from                    
Richard Glover, dated May 8, 1998, regarding the                               
constitutionality of the legislation (copy on file).  He                       
observed that a Supreme Court decision ruled that payment                      
for signatures could not be prohibited.  The Court did not                     
specify if the amount could be limited.  There is a current                    
court case regarding the requirement that an identification                    
badge be worn.  The 10th circuit court ruled that this is                      
unconstitutional.  The Supreme Court will consider the case.                   
The state of Alaska has signed a brief in support of the                       
constitutionality of this provision.                                           
                                                                               
Representative Mulder MOVED to ADOPT Amendment 1 during the                    
previous meeting.  Amendment 1 would place a cap on the                        
payment for signatures.  Representative Davies OBJECTED.  He                   
spoke in support of a daily or hourly fee.  He felt that a                     
fee per signature would result in a more aggressive approach                   
by the collector.                                                              
                                                                               
Representative Grussendorf expressed concern that problems                     
could occur with an hourly rate.                                               
                                                                               
Representative Mulder spoke in support of the amendment.  He                   
stressed that a cap of a dollar per signature would slow the                   
collection of signatures.                                                      
                                                                               
Representative Davies questioned the State's interest in                       
slowing signatures.  He noted that the amendment would limit                   
the amount of money that can be paid.  The existing language                   
only limits the manner of payment.  He maintained that the                     
amendment would be closer to a constitutional challenge.                       
                                                                               
A roll call vote was taken on the motion.                                      
                                                                               
IN FAVOR: Davis, Kelly, Kohring, Martin, Mulder, Therriault                    
OPPOSED: Moses, Davies, Grussendorf                                            
                                                                               
Co-Chair Hanley and Representative Foster were absent from                     
the vote.                                                                      
                                                                               
The MOTION PASSED (6-3).                                                       
                                                                               
Representative Davies MOVED to ADOPT Amendment 2 (copy on                      
file).  Co-Chair Therriault OBJECTED for the purpose of                        
discussion.  Representative Davies explained that Amendment                    
2 would delete the requirement that the collector wear a                       
badge.  He noted that the Court ruled that the badge                           
deprives the collector of the protections of anonymous                         
speech.  He spoke in support of addressing the sponsorship                     
of the petition on the petition itself.                                        
                                                                               
Co-Chair Therriault clarified that "sponsor" refers to the                     
person carrying the petition.                                                  
                                                                               
Representative Grussendorf spoke in support of Amendment 2.                    
                                                                               
Representative Mulder disclosed that he has been requested                     
to work on an initiative petition.                                             
                                                                               
Representative Martin argued that the person gathering                         
signatures is not necessarily the sponsor.  Co-Chair                           
Therriault reiterated that the legislation indicates that                      
the sponsor is the person carrying the petition.                               
                                                                               
A roll call vote was taken on the motion.                                      
                                                                               
IN FAVOR: Moses, Davies, Grussendorf, Kelly                                    
OPPOSED: Kohring, Martin, Mulder, Davis, Therriault                            
                                                                               
Co-Chair Hanley and Representative Foster were absent from                     
the vote.                                                                      
                                                                               
The MOTION FAILED (4-5).                                                       
                                                                               
(Tape Change, HFC 98 - 164, Side 2)                                            
                                                                               
Representative Davies WITHDREW Amendment 3.  He MOVED to                       
ADOPT a conceptional amendment: "The name of the group                         
circulating the petition and the name of the group paying                      
for the petition, if different, shall both be prominently                      
displayed in bold, capital letters, on the bottom of each                      
signature page of the petition."                                               
                                                                               
Representative Mulder spoke against the amendment.                             
Representative Davies stressed that it would be the same                       
disclosure as occurs when a sign is posted.                                    
                                                                               
Representative Martin spoke against the amendment.  Co-Chair                   
Therriault questioned how the amendment would distinguish                      
between a group that is paying to work the petition through                    
the system and a group of citizens that are not being paid                     
to collect signatures.                                                         
                                                                               
Representative Davies stressed that the intent is to                           
identify the group that is behind the petition.  The group                     
can be identified through the Division of Elections or APOC.                   
                                                                               
Representative Grussendorf stated that he is opposed to paid                   
for petitions.  He spoke in support of the amendment.  He                      
expressed concern that any group could come to the state of                    
Alaska and pay for a petition.                                                 
                                                                               
Members questioned if the name of the group is already                         
listed on the top of the petition.                                             
                                                                               
A roll call vote was taken on the motion.                                      
                                                                               
IN FAVOR: Moses, Davies, Davis, Kelly, Grussendorf                             
OPPOSED: Martin, Mulder, Kohring, Therriault                                   
                                                                               
Co-Chair Hanley and Representative Foster were absent from                     
the vote.                                                                      
                                                                               
The MOTION PASSED (5-4).                                                       
                                                                               
Representative Davies referred to section 6.  He noted that                    
section 6 repeals AS 15.45.170 and 15.45.230.                                  
                                                                               
Co-Chair Therriault read:                                                      
                                                                               
AS 15.45.170: "Upon receipt of notice that the filing                          
of the petition was improper, the initiative committee                         
may amend and correct the petition by circulating and                          
filing a supplementary petition within 30 days of the                          
date that notice was given;"                                                   
And                                                                            
AS 15.45.230: "An initiative submitted to the voters                           
may not be held void because of the insufficiency of                           
the application or petitions by which the submission                           
was procured."                                                                 
                                                                               
Representative Davies MOVED to delete section 6.  He noted                     
that the amendment would maintain the status quo.                              
Representative Kelly OBJECTED.  He spoke in support of a                       
"drop dead" date.  A roll call vote was taken on the motion.                   
                                                                               
IN FAVOR: Davies, Grussendorf, Moses                                           
OPPOSED: Davis, Kelly, Kohring, Martin, Mulder, Therriault                     
                                                                               
Co-Chair Hanley and Representative Foster were absent from                     
the vote.                                                                      
                                                                               
The MOTION FAILED (3-6).                                                       
                                                                               
Representative Davies MOVED to delete AS 15.45.230.  Co-                       
Chair Therriault OBJECTED.  Representative Davies spoke in                     
support of the amendment.  He emphasized that if an                            
initiative is certified and goes on the ballot, then the                       
issue is decided.  A small insufficiency in the gathering                      
process would not be sufficient to null the election.  He                      
maintained that the statute would prevent frivolous                            
lawsuits.  A roll call vote was taken on the motion.                           
                                                                               
IN FAVOR: Davies, Grussendorf, Moses, Martin                                   
OPPOSED: Davis, Kelly, Kohring, Mulder, Therriault                             
                                                                               
Co-Chair Hanley and Representative Foster were absent from                     
the vote.                                                                      
                                                                               
The MOTION FAILED (4-5).                                                       
                                                                               
Representative Davis MOVED to report HCS CSSB 313 (FIN) out                    
of Committee with the accompanying fiscal note.  There being                   
NO OBJECTION, it was so ordered.                                               
                                                                               
HCS CSSB 313 (FIN) was REPORTED out of Committee with "no                      
recommendation" and with a zero fiscal note by the Office of                   
the Lieutenant Governor dated 3/19/98.                                         

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