Legislature(2007 - 2008)HOUSE FINANCE 519
04/02/2008 08:30 AM House FINANCE
| Audio | Topic |
|---|---|
| Start | |
| HB353 || HB 353 | |
| HB 368 | |
| SB216 || SB 216 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| + | SB 216 | TELECONFERENCED | |
| + | SB 241 | TELECONFERENCED | |
| + | TELECONFERENCED | ||
| += | HB 368 | TELECONFERENCED | |
| += | HB 281 | TELECONFERENCED | |
| += | HB 353 | TELECONFERENCED | |
HOUSE BILL NO. 368
"An Act modifying the limitations on political fund
raising during legislative sessions by candidates for
governor or for lieutenant governor, and amending the
Legislative Ethics Act to modify the limitation on
political fund raising by legislators and legislative
employees during legislative sessions, to allow
legislators and legislative employees to accept
certain gifts from lobbyists within their immediate
families, to clarify the Legislative Ethics Act as it
relates to legislative volunteers and educational
trainees, to reduce the frequency of publication of
summaries by the Select Committee on Legislative
Ethics, to revise procedures and penalties related to
the late filing of disclosures required by the
Legislative Ethics Act, and to add a definition to
that Act."
Co-Chair Chenault informed the committee that although he
withdrew Amendment #1 in the previous meeting, he still
maintained concerns regarding making the Committee on
Legislative Ethics the prosecutor, judge, and jury for
ethics violations.
9:06:50 AM
Co-Chair Meyer MOVED to ADOPT Amendment #3 (Copy on File):
Page 2, following line 18:
Insert a new bill section to read:
"*Sec. 2. AS 24.60.031 is amended by adding a new
subsection to read:
(c) this section does not prohibit a
legislator from soliciting or accepting a contribution
or making campaign expenditures during a special
session held during the 90 days immediately preceding
an election if the district for which the legislator
has filed for office is in the municipality where the
special session occurs."
Renumber the following bill sections accordingly.
Vice-Chair Stoltze OBJECTED.
9:07:23 AM
AT EASE: 9:07:31 AM
RECONVENED: 9:09:21 AM
SUZZANNE ARMSTRONG, STAFF, CO-CHAIR MEYER, explained that
the amendment adds a new section under AS 24.60.031 that
restricts fundraising. Currently a legislator who is a
candidate for office cannot raise funds during regular or
special session within the municipality in which the
regular or special session is occurring. Concerns were
raised regarding parity of those legislators who reside in
the municipality where the session occurs.
Ms. Armstrong explained that there is a history of changes
to the statute regarding fundraising.
9:11:00 AM
JOYCE ANDERSON, ADMINISTRATOR, SELECT COMMITTEE ON
LEGISLATIVE ETHICS, described an ethics statute from the
1980s that read: Members of the legislature elected to
represent the capital city are exempt from the requirements
of (f) of the section regarding campaigning. The statute
was rewritten in 1992. At that time fundraising became
prohibited. She did not find record in the ethics office
that there were complaints regarding the issue.
Ms. Anderson added that under Amendment #3 a legislator
could campaign during a special session in the municipality
in which the session is held if it were 90 days preceding
an election. Legislators representing districts outside the
municipality where the session is held may not campaign or
raise funds in the municipality where the session is held.
9:13:58 AM
Vice-Chair Stoltz emphasized his objection to the bill. He
did not want loopholes created with regards to campaign
fund raising.
9:15:25 AM
Co-Chair Meyer did not want to put the Juneau legislators
at a disadvantage for fundraising, especially in years when
there are many special sessions.
9:15:55 AM
REPRESENTATIVE BOB LYNN, SPONSOR, thought the amendment's
intent was good, but felt the bill should remain unchanged.
He wanted fewer loopholes and exceptions in order to make
the law easier to follow.
9:16:46 AM
Representative Hawker expressed concern that without the
amendment the bill could present a discriminatory
situation. He underlined the importance of maintaining
equal treatment under the law.
9:17:20 AM
Representative Gara discussed the timing of the
fundraising. Fundraising is prohibited up until 90 days
before the election. Without the amendment, an incumbent
legislator could be at a disadvantage in competitive
campaigns if they represent the municipality in which the
special session is held. He thought the rule should be
equal; either everyone or no one should be able to
fundraise. He stated concerns regarding corruption without
the amendment.
Co-Chair Mayer stated his agreement.
9:20:02 AM
Representative Thomas supported the amendment because it
levels the playing field.
Representative Nelson pointed out for the record that
Juneau members do not support the amendment.
9:21:24 AM
Representative Gara pointed out a language error and
suggested amending the amendment to add legislative staff
or legislative employee.
9:22:04 AM
Vice-Chair Stoltze pointed out that staff has to resign in
order to run for office. Ms. Anderson affirmed his
statement.
Representative Gara withdrew the amendment to the
amendment.
Ms. Armstrong explained that AS 24.60.031 (a) and (b) are
the sections that outline what legislative employees cannot
do on behalf of a legislator running for office.
9:23:00 AM
Vice-Chair Stoltze echoed comments that Juneau legislators
are opposed to the amendment. He described campaign
difficulties because of being distant from his district.
9:25:02 AM
Vice-Chair Stoltze MAINTAINED his OBJECTION.
A roll call vote was taken on Amendment #3.
IN FAVOR: Thomas, Crawford, Gara, Hawker, Joule, Meyer
OPPOSED: Nelson, Stoltze, Kelly, Chenault
The MOTION PASSED (6-4).
Representative Thomas asked why the provision does not
include the governor and lieutenant governor.
9:26:36 AM
Representative Lynn reported that the issue was discussed
at length in the House Judiciary Committee. The governor
and lieutenant governor were taken out as it was felt that
it was inappropriate to use the bill for a broader ethics
concern.
9:27:40 AM
Representative Thomas observed that the bill was filed
before the lieutenant governor filed for office.
Representative Lynn noted there had been much political
debate over the issue. He felt that it was better to leave
the executive branch out of the provision.
9:28:17 AM
MIKE SICA, STAFF, REPRESENTATIVE BOB LYNN, said the genesis
of the bill was when the Select Committee on Legislative
Ethics came to the House and Senate with a request for a
simple "fix it" bill. He explained that Section 1, Title 15
was not in the original bill. It was added because a change
to the statute on fundraising should apply to the executive
branch as well. Though well intentioned, it did not fit
with the committees recommendations.
Representative Lynn observed that inclusion of the
executive branch created political challenges detracting
from the attempt to pass an ethics bill.
9:29:38 AM
Representative Thomas emphasized concern about the ability
of the governor and lieutenant governor to campaign while
the legislature is in session. He suggested the effective
date be changed to November. He felt no one should campaign
during session. Representative Lynn responded that the
effective date for the entire bill would then be changed.
Co-Chair Meyer did not think the legislature should concern
itself with the executive branch.
9:30:44 AM
Vice-Chair Stoltze MOVED to report CS HB 368 as amended out
of Committee with individual recommendations and the
accompanying fiscal note.
There being NO OBJECTION, CS HB 368 (STA) title am, as
amended, was reported out of Committee with a "do pass"
recommendation, a zero fiscal note from Department of
Administration, and a new zero fiscal note from the
Legislature.
9:32:47 AM
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