Legislature(2021 - 2022)ADAMS 519
05/13/2021 09:00 AM House FINANCE
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| Audio | Topic |
|---|---|
| Start | |
| HB157 | |
| HB85 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| += | HB 157 | TELECONFERENCED | |
| + | TELECONFERENCED | ||
| += | HB 85 | TELECONFERENCED | |
HOUSE BILL NO. 157
"An Act requiring the disclosure of the identity of
certain persons, groups, and nongroup entities that
expend money in support of or in opposition to an
application filed for a state referendum or recall
election; and providing for an effective date."
9:07:12 AM
Co-Chair Merrick OPENED and CLOSED public testimony.
9:07:23 AM
Co-Chair Merrick relayed that amendments to the bill had
been due to her office on May 5. The committee would
address two amendments.
Representative Rasmussen MOVED to ADOPT Amendment 1, 32-
LS0669\A.3 (Lemons/Bullard, 5/5/21) (copy on file) [note:
due to the length of the amendment it is not included
here].
Representative Wool OBJECTED for discussion.
Representative Rasmussen explained the amendment included
cleanup language to allow the Alaska Public Offices
Commission (APOC) to run more efficiently and find cost
savings. She stated that the amendment did not modify any
of the existing language in the bill. The amendment would
remove a requirement for an APOC office to be located in
each Senate district. Additionally, the amendment would
remove the word "all" from the phrase "examine,
investigate, and compare [ALL] reports, statements, and
actions required by this chapter" [Section 3(7) of the
bill]. The amendment clarified that contributions and
expenditures were in a calendar year instead of being left
open-ended.
Representative Rasmussen explained that the amendment made
requests for advisory opinions to be returned in seven
business days instead of seven calendar days, giving APOC
personnel more time to work through reports. The amendment
would provide for publication of reports and archival of
the statements and reports to be posted on the APOC website
as well copies to be available at the central office. The
amendment would repeal the duplicative reporting
requirements with respect to ballot initiative groups. She
noted that the same language was located in AS 15.13.040(k)
and AS 15.13.110(g). She highlighted that the executive
director from APOC was available for any questions.
Vice-Chair Ortiz referenced the amendment's removal of the
requirement for APOC to have an office in each of the
Senate districts. He asked if APOC currently had an office
in each Senate district.
Representative Rasmussen replied in the negative. She
clarified that the amendment language provided cleanup to
enable the state to comply with statute.
Vice-Chair Ortiz asked how many APOC offices there were.
Representative Rasmussen deferred the question to APOC.
HEATHER HEBDON, EXECUTIVE DIRECTOR, ALASKA PUBLIC OFFICES
COMMISSION, ANCHORAGE (via teleconference), answered that
APOC currently had a small satellite office in Juneau and a
primary office in Anchorage.
Vice-Chair Ortiz asked for verification that the current
office locations had been in place for a number of years.
Ms. Hebdon answered in the affirmative. She added that she
did not know the specific length of time, but it had been
quite some time.
9:10:58 AM
Representative Wool remarked that the amendment specified
APOC would establish a central office. He asked if the
amendment would close the Juneau office and result in a
loss of positions and functionality.
Ms. Hebdon replied that APOC did not anticipate closing the
Juneau office or a loss in positions.
Representative Wool referenced the amendment language that
"the commission shall establish a central office." He asked
how Ms. Hebdon interpreted the language.
Ms. Hebdon answered that APOC would interpret the language
to mean the central office was in located Anchorage. The
commission did not interpret the language to mean APOC
would be limited to a single location.
Representative Rasmussen asked for support on the amendment
that had been brought by members of the House Judiciary
Committee after the Judiciary referral had been waived.
Representative Wool WITHDREW his OBJECTION.
There being NO further OBJECTION, Amendment 1 was ADOPTED.
9:12:34 AM
Representative Josephson MOVED to ADOPT Amendment 2, 32-
LS0669\A.6 (Klein/Bullard, 5/6/21) (copy on file):
Page 1, line 3, following "election;":
Insert "relating to contribution limits and recall
campaigns;"
Page 2, lines 11 - 25 :
Delete all material and insert:
"* Sec. 3. AS 15.13.065(c) is amended to read:
(c) Except for reports required by AS 15.13.040 and
15.13.110 and except for the requirements of AS
15.13.050, 15.13.060, and 15.13.112 - 15.13.114, the
provisions of AS 15.13.010 - 15.13.116 do not apply to
limit the authority of a person to make contributions
to influence the outcome of a ballot proposition. In
this subsection, [IN ADDITION TO ITS MEANING IN AS
15.80.010,] "proposition"
(1) includes, in addition to its meaning in AS
15.80.010,
(A)[(1)] an issue placed on a ballot to
determine whether
(i)[(A)] a constitutional convention
shall be called;
(ii)[(B)] a debt shall be contracted;
(iii) [(C)] an advisory question shall
be approved or rejected; or
(iv) ((D)] a municipality shall be
incorporated;
(B)[(2)] an initiative proposal application
filed [WITH THE LIEUTENANT GOVERNOR] under
AS 15.45.020; and
(C) a referendum application filed under AS
15.45.260;
(2) does not include a recall application filed
under AS 15.45.480 or a recall question."
Co-Chair Merrick OBJECTED for discussion.
Representative Josephson relayed that he was very likely to
vote for the legislation on the House floor and believed HB
157 was a good bill. He explained that the amendment
addressed an issue flagged by his staff. He detailed that
Alaska had a $500 limit on individual contributions to
campaigns. He highlighted that there had been litigation on
the issue in the 2017 to 2018 timeframe. He referenced an
article titled "Judges open door wider for out-of-state
money in Alaska elections" (published by James Brooks in
the Anchorage Daily News on November 27, 2018). He
clarified that judges had affirmed the $500 per person
limit on regular campaigns.
Representative Josephson stated that one concern flagged in
the bill was that the $500 limit would not apply to recall
applications, meaning that a well-funded person from out-
of-state could decide to come after someone. He stated in
defense of the governor and an assemblyman in his district
that recall was a new budding frontier of troublemaking. He
believed some of the four allegations against the governor
were dubious, while he believed one was not. He shared that
the assemblyman had been forced to recall because as chair,
there had been 17 people in the assembly hall instead of
the allowed 15. He added that the assembly hall was a large
room, but it had been seen as a violation of law sufficient
to cause a recall campaign.
Representative Josephson pointed lines 22 and 23 of
Amendment 2. He explained that spending limits did not
apply to propositions because propositions were ideas,
while recalls were people. He believed consistent with
Citizen's United it was acceptable to limit direct
donations involving people from individuals. Currently,
there was a $500 limit on individual contributions to
campaigns. He clarified that the amendment would implement
the same $500 limit on recall campaigns at a signature
stage.
9:15:50 AM
Co-Chair Merrick WITHDREW her OBJECTION.
There being NO OBJECTION, Amendment 2 was ADOPTED.
Co-Chair Foster MOVED to REPORT CSHB 157(FIN) out of
committee with individual recommendations and the
accompanying fiscal note. There being NO OBJECTION, it was
so ordered.
CSHB 157(FIN) was REPORTED out of committee with four "do
pass" recommendations and five "no recommendation"
recommendations and with one previously published fiscal
impact note: FN1 (ADM).
9:16:33 AM
AT EASE
9:22:40 AM
RECONVENED
| Document Name | Date/Time | Subjects |
|---|---|---|
| HB 157 Amendments 1-2 051221.pdf |
HFIN 5/13/2021 9:00:00 AM |
HB 157 |