Legislature(2011 - 2012)CAPITOL 120

04/02/2012 01:00 PM House JUDICIARY


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01:04:46 PM Start
01:05:15 PM HB347
02:51:23 PM Adjourn
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ HB 347 USE OF MUNICIPAL FUNDS FOR INITIATIVES TELECONFERENCED
Moved CSHB 347(JUD) Out of Committee
+ Bills Previously Heard/Scheduled TELECONFERENCED
        HB 347 - USE OF MUNICIPAL FUNDS FOR INITIATIVES                                                                     
                                                                                                                                
1:05:15 PM                                                                                                                    
                                                                                                                                
VICE CHAIR  THOMPSON announced  that the  only order  of business                                                               
would  be HOUSE  BILL NO.  347, "An  Act prohibiting  the use  of                                                               
municipal funds  to support or  oppose an initiative  proposal to                                                               
circulate a  petition for  a ballot  initiative, or  to influence                                                               
the  outcome  of  an election  concerning  a  ballot  initiative,                                                               
without approval by municipal voters at an election."                                                                           
                                                                                                                                
1:06:15 PM                                                                                                                    
                                                                                                                                
ANNA  LATHAM,  Staff,  Representative Kurt  Olson,  Alaska  State                                                               
Legislature, explained  on behalf of the  sponsor, Representative                                                               
Olson,  that HB  347 would  prohibit the  use of  municipal funds                                                               
[for  ballot initiatives]  without  voter  approval.   Currently,                                                               
municipalities can spend [public]  funds to influence the outcome                                                               
of  a  ballot  initiative,  and   research  indicates  that  this                                                               
occurred  in 2011,  when three  municipalities spent  [a combined                                                               
total  of  $34,000]  in  municipal  funds  to  support  a  ballot                                                               
initiative.   Though  voters  may  be in  favor  of a  particular                                                               
ballot  initiative,  they may  not  necessarily  be in  favor  of                                                               
municipal funds being  allocated to support or oppose  it.  Under                                                               
HB  347, she  ventured, voters  would be  made aware  of, and  be                                                               
allowed to  weigh in on,  how their municipality is  proposing to                                                               
allocate public  funds to address  ballot initiatives.   Research                                                               
also indicates that at least 14  other states prohibit the use of                                                               
public funds to support or oppose  an initiative, and that HB 347                                                               
is  constitutional  in   that  governmental  entities,  including                                                               
municipalities, do  not have independent First  Amendment rights.                                                               
House Bill 347 is intended  to keep the ballot initiative process                                                               
fair, and to  ensure that the priorities of  the municipality are                                                               
the same as its citizens', she said in conclusion.                                                                              
                                                                                                                                
1:10:10 PM                                                                                                                    
                                                                                                                                
KATHIE  WASSERMAN, Executive  Director,  Alaska Municipal  League                                                               
(AML), relayed that  the AML adamantly opposes HB  347 because it                                                               
would  stifle the  municipalities' ability  to take  part in  the                                                               
initiative process  and would substantially increase  their costs                                                               
-  in some  instances by  as much  as $350,000  - by  requiring a                                                               
special election.   She offered her hope that  should the federal                                                               
government ever  attempt to  impose a  similar limitation  on the                                                               
State of Alaska,  that Alaska's legislators would oppose  it.  In                                                               
conclusion, she characterized  HB 347 as a  terrible overreach of                                                               
government,  and offered  her hope  that it  would not  pass from                                                               
committee.  In response to  comments, she said that under current                                                               
law, before  a municipality can  spend public funds to  address a                                                               
ballot  initiative, the  municipality  must  properly notice  and                                                               
hold two public  hearings on the issue; in other  words, there is                                                               
already  plenty  of opportunity  for  taxpayers  to weigh  in  on                                                               
whether a  municipality should appropriate public  funds for such                                                               
a  purpose,  and   although  HB  347  would   provide  them  with                                                               
additional  opportunity,  it  would  come  at  great  cost.    In                                                               
response to an  argument that [without the  bill,] a municipality                                                               
could spend a taxpayer's money  on something in direct opposition                                                               
to  the wishes  of the  taxpayer, she  pointed out  that it  will                                                               
never be  the case  that all  taxpayers are  going to  agree with                                                               
everything their  municipality does  or supports or  spends money                                                               
on even if  they are given additional opportunity to  weigh in on                                                               
the issue.                                                                                                                      
                                                                                                                                
1:16:46 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  KURT OLSON,  Alaska  State Legislature,  sponsor,                                                               
explained that the  intent of HB 347 is to  address the fact that                                                               
some  municipalities -  in addressing  ballot  initiatives -  use                                                               
paid  signature gatherers  instead  of volunteers,  and it's  the                                                               
fact  that public  funds are  being  used for  this purpose  that                                                               
causes him  concern.  In  conclusion, he characterized HB  347 as                                                               
reasonable in comparison to the laws of some other states.                                                                      
                                                                                                                                
REPRESENTATIVE  GRUENBERG referred  to a  memorandum in  members'                                                               
packets  dated  January  19, 2012,  from  Legislative  Legal  and                                                               
Research Services,  and pointed  out that it  says that  the U.S.                                                               
Supreme  Court, in  addressing  a Colorado  statute  in Meyer  v.                                                             
Grant,  has found  that initiative  petition circulation  is core                                                             
political   speech  entitled   to  substantial   First  Amendment                                                               
protection and  that states  may not burden  the exercise  of the                                                               
right  to  petition   through  the  use  of   the  initiative  by                                                               
prohibiting the payment of petition  circulators.  If the purpose                                                               
- or a purpose - of HB 347  is to prohibit that type of activity,                                                               
then there's  a good chance,  he predicted, that the  court would                                                               
find HB 347 to be unconstitutional.   In response to comments, he                                                               
referred  to  another  memorandum   from  Legislative  Legal  and                                                               
Research  Services dated  April  2, 2012,  and  pointed out  that                                                               
although in it  the drafter has expressed the  legal opinion that                                                               
HB 347  is constitutional under  the free speech clauses  of both                                                               
the  U.S. Constitution  and the  Alaska  State Constitution,  the                                                               
drafter  has not  included  [sufficient substantiating  citation]                                                               
pertaining specifically  to the Alaska State  Constitution, which                                                               
the  Alaska  Supreme  Court  has held  on  several  occasions  as                                                               
providing  greater  protections  than the  U.S.  Constitution  in                                                               
terms  of free  speech and  other  core rights;  it is  therefore                                                               
still  unclear  whether  municipalities, specifically  under  the                                                               
Alaska  State  Constitution, would  be  found  to enjoy  a  First                                                               
Amendment right under the circumstances outlined in the bill.                                                                   
                                                                                                                                
MS. LATHAM explained that in  Meyer, the court was addressing the                                                             
right of an  initiative sponsor to use  paid signature gatherers,                                                               
and offered  her understanding that  a municipality cannot  be an                                                               
initiative sponsor.                                                                                                             
                                                                                                                                
REPRESENTATIVE GRUENBERG reiterated his  belief that the issue of                                                               
whether the bill is constitutional  has not yet been sufficiently                                                               
addressed  in  the context  of  the  Alaska State  Constitution's                                                               
greater    protections,    under   which    municipalities,    as                                                               
representatives of  the people, may indeed  have very significant                                                               
rights of free speech.                                                                                                          
                                                                                                                                
MS.  LATHAM pointed  out that  a memorandum  in members'  packets                                                               
from the Department of Law (DOL)  dated March 27, 2012, states in                                                               
part:                                                                                                                           
                                                                                                                                
     Governmental  entities  -  including  municipalities  -                                                                    
     have   no    independent   First    Amendment   rights.                                                                    
     Municipalities   are   not  treated   like   individual                                                                    
     citizens for purposes  of constitutional inquiries, and                                                                    
     the  legislature  is   allowed  to  restrict  municipal                                                                    
     appropriates for speech related activities.                                                                                
                                                                                                                                
VICE CHAIR  THOMPSON noted that  that particular  memorandum does                                                               
include [substantiating citations].                                                                                             
                                                                                                                                
REPRESENTATIVE GRUENBERG offered  his understanding, though, that                                                               
none of those citations address  Alaska cases or the Alaska State                                                               
Constitution specifically.                                                                                                      
                                                                                                                                
The committee took an at-ease from 1:32 p.m. to 1:33 p.m.                                                                       
                                                                                                                                
1:33:57 PM                                                                                                                    
                                                                                                                                
SHIRLEY  MARQUARDT, Mayor,  City of  Unalaska; President,  Alaska                                                               
Municipal  League (AML),  said it  seems unreasonable  to require                                                               
municipalities  to spend  time and  money on  a special  election                                                               
before they  can disseminate critical information  about a ballot                                                               
initiative  to   their  communities,  adding  that   she  doesn't                                                               
understand  the  need  for  HB 347,  doesn't  see  the  purported                                                               
problem it's intended to fix.                                                                                                   
                                                                                                                                
VICE CHAIR THOMPSON,  after ascertaining that no  one else wished                                                               
to testify, closed public testimony on HB 347.                                                                                  
                                                                                                                                
1:39:16 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  GRUENBERG made  a  motion to  adopt Amendment  1,                                                               
labeled 27-LS1396\A.3, Bullard, 4/2/12, which read:                                                                             
                                                                                                                                
     Page 2, line 2, following "election":                                                                                      
          Insert "paid for by the state"                                                                                        
                                                                                                                                
REPRESENTATIVE  GRUENBERG   explained  that  Amendment  1   -  by                                                               
amending HB  347's proposed new  AS 15.13.145(e) -  would address                                                               
the AML's  concern about increased  costs by requiring  the state                                                               
to pay for a municipality's special election.                                                                                   
                                                                                                                                
REPRESENTATIVE KELLER objected.                                                                                                 
                                                                                                                                
REPRESENTATIVE  GRUENBERG  proffered  that without  Amendment  1,                                                               
HB 347 becomes an unfunded mandate for municipalities.                                                                          
                                                                                                                                
REPRESENTATIVE  HOLMES  observed  that  Amendment  1  contains  a                                                               
drafting error and should instead be amending line 4 of page 2.                                                                 
                                                                                                                                
REPRESENTATIVE GRUENBERG concurred, and  [made a motion to] amend                                                               
Amendment  1  to   that  effect.    There   being  no  objection,                                                               
Amendment 1 was so amended.                                                                                                     
                                                                                                                                
VICE CHAIR THOMPSON,  remarking on the cost of  holding a special                                                               
election,  surmised that  adoption  of Amendment  1, as  amended,                                                               
would result in a change in HB 347's fiscal notes.                                                                              
                                                                                                                                
REPRESENTATIVE PRUITT  argued that nothing  in HB 347  requires a                                                               
municipality to hold a special  election; instead the bill merely                                                               
stipulates that before  a municipality can spend  public funds to                                                               
address a  ballot initiative,  it must  obtain voter  approval of                                                               
the proposed expenditure.                                                                                                       
                                                                                                                                
REPRESENTATIVE  GRUENBERG  opined   that  as  currently  written,                                                               
HB 347 could  make it extremely  difficult for  municipalities to                                                               
address  ballot  initiatives -  even  those  that could  severely                                                               
impact the municipalities  themselves - and pointed  out that the                                                               
question  raised  is  who  would pay  for  the  special  election                                                               
necessary  to  obtain  the  required  voter  approval.    Without                                                               
Amendment 1,  the special  election costs would  be borne  by the                                                               
municipalities themselves rather than the state.                                                                                
                                                                                                                                
REPRESENTATIVE  OLSON   agreed,  and  indicated   disapproval  of                                                               
Amendment 1, as amended.                                                                                                        
                                                                                                                                
A  roll  call vote  was  taken.   Representatives  Gruenberg  and                                                               
Holmes   voted   in   favor   of   Amendment   1,   as   amended.                                                               
Representatives  Lynn, Keller,  and  Thompson  voted against  it.                                                               
Therefore, Amendment 1, as amended, failed by a vote of 2-3.                                                                    
                                                                                                                                
1:55:01 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  GRUENBERG made  a  motion to  adopt Amendment  2,                                                               
labeled 27-LS1396\A.9, Bullard, 4/2/12, which read:                                                                             
                                                                                                                                
     Page 1, line 1:                                                                                                            
          Delete "prohibiting"                                                                                                
          Insert "relating to"                                                                                                
                                                                                                                                
     Page 1, line 2, following "proposal":                                                                                    
          Insert "or"                                                                                                         
                                                                                                                                
     Page 1, lines 2 - 4:                                                                                                       
          Delete ", or to influence the outcome of an                                                                         
        election concerning a ballot initiative, without                                                                      
     approval by municipal voters at an election"                                                                             
                                                                                                                                
     Page 1, line 9:                                                                                                            
          Delete "by municipal voters"                                                                                      
                                                                                                                                
     Page 2, line 1:                                                                                                            
          Delete "AS 29.26.110,"                                                                                                
          Insert "AS 29.26.110 or"                                                                                              
                                                                                                                                
     Page 2, lines 1 - 3:                                                                                                       
          Delete ", or, subject to (b) of this section, to                                                                      
       influence the outcome of an election concerning a                                                                        
     ballot initiative"                                                                                                         
                                                                                                                                
     Page 2, lines 3 - 4:                                                                                                       
          Delete "use of the funds for that purpose has                                                                         
     been approved by municipal voters at an election"                                                                          
          Insert "funds for that purpose have been                                                                              
        specifically appropriated for that purpose by a                                                                         
     municipal ordinance"                                                                                                       
                                                                                                                                
REPRESENTATIVE KELLER objected.                                                                                                 
                                                                                                                                
REPRESENTATIVE GRUENBERG explained  that existing AS 15.13.145(b)                                                               
in part stipulates that a  municipality may use [public] funds to                                                               
influence  the  outcome  of  an   election  concerning  a  ballot                                                               
proposition   or  question   if  the   funds  were   specifically                                                               
appropriated  for  that purpose  by  a  municipal ordinance;  and                                                               
indicated that  Amendment 2 would  provide a  similar stipulation                                                               
for ballot initiatives in HB 347's proposed new AS 15.13.145(e).                                                                
                                                                                                                                
REPRESENTATIVE LYNN also objected.                                                                                              
                                                                                                                                
The committee took an at-ease from 1:58 p.m. to 2:00 p.m.                                                                       
                                                                                                                                
2:03:56 PM                                                                                                                    
                                                                                                                                
ALPHEUS   BULLARD,    Attorney,   Legislative    Legal   Counsel,                                                               
Legislative  Legal  and  Research Services,  Legislative  Affairs                                                               
Agency  (LAA),  as  the  drafter, in  response  to  comments  and                                                               
questions,    relayed    that   the    aforementioned    existing                                                               
AS 15.13.145(b)  already stipulates  that  any [municipal]  funds                                                               
used to influence the outcome  of an election concerning a ballot                                                               
initiative must  be appropriated by municipal  ordinance, because                                                               
the  phrase, "ballot  proposition or  question" as  used in  that                                                               
statute includes ballot initiatives.   If Amendment 2 is adopted,                                                               
HB 347  would then provide  a similar stipulation for  funds used                                                               
to support or  oppose an initiative proposal, and  for funds used                                                               
to circulate a petition for  an initiative.  Without Amendment 2,                                                               
funds used to  influence the outcome of an  election concerning a                                                               
ballot  initiative  would  first   have  to  be  appropriated  by                                                               
municipal ordinance and  then be approved by  municipal voters at                                                               
an  election, and  funds  used  either to  support  or oppose  an                                                               
initiative  proposal,   or  to   circulate  a  petition   for  an                                                               
initiative, would only need to be approved by the voters.                                                                       
                                                                                                                                
REPRESENTATIVE OLSON expressed disfavor with Amendment 2.                                                                       
                                                                                                                                
REPRESENTATIVE KELLER  expressed a  preference for  retaining the                                                               
bill as written.                                                                                                                
                                                                                                                                
A  roll  call vote  was  taken.   Representatives  Gruenberg  and                                                               
Holmes voted in favor of  Amendment 2.  Representatives Thompson,                                                               
Lynn,  and  Keller voted  against  it.   Therefore,  Amendment  2                                                               
failed by a vote of 2-3.                                                                                                        
                                                                                                                                
The committee took an at-ease from 2:09 p.m. to 2:16 p.m.                                                                       
                                                                                                                                
2:16:13 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  GRUENBERG made  a  motion to  adopt Amendment  3,                                                               
labeled 27-LS1396\A.4, Bullard, 4/2/12, which read:                                                                             
                                                                                                                                
     Page 2, line 4, following "election.":                                                                                     
          Insert "However, if the municipality fails to                                                                         
     have  the use  of funds  for that  purpose approved  by                                                                    
     municipal voters, or  if the result of  the election to                                                                    
     have the use  of funds approved by  municipal voters is                                                                    
     not certified before the date  of the election at which                                                                    
     the initiative  will be on  the ballot, the  results of                                                                    
     the election  on the initiative may  not be invalidated                                                                    
     on the basis  of failure of the  municipality to comply                                                                    
     with this subsection."                                                                                                     
                                                                                                                                
REPRESENTATIVE KELLER objected.                                                                                                 
                                                                                                                                
REPRESENTATIVE  GRUENBERG explained  that Amendment  3 would  add                                                               
language  to the  end of  HB 347's  proposed new  AS 15.13.145(e)                                                               
stipulating [that a lack of timely  voter approval for the use of                                                               
municipal  funds] won't  invalidate the  election results  on the                                                               
ballot initiative  itself.  He  offered his belief  that adoption                                                               
of  Amendment 3  would preclude  any argument  that the  election                                                               
results on  a ballot initiative  must be invalidated  because the                                                               
provisions of proposed new subsection (e) weren't complied with.                                                                
                                                                                                                                
REPRESENTATIVE KELLER  questioned what  the penalty would  be for                                                               
violating the bill.                                                                                                             
                                                                                                                                
REPRESENTATIVE  HOLMES,  in  response to  comments,  offered  her                                                               
understanding  that   under  Amendment   3,  the  failure   of  a                                                               
municipality  to comply  with the  provisions of  the bill  won't                                                               
invalidate a ballot initiative's election results.                                                                              
                                                                                                                                
REPRESENTATIVE GRUENBERG offered his  understanding that the bill                                                               
applies to municipal  ballot initiatives as well  as to statewide                                                               
ballot initiatives.                                                                                                             
                                                                                                                                
REPRESENTATIVE  OLSON shared  his belief  that Amendment  3 isn't                                                               
needed.                                                                                                                         
                                                                                                                                
REPRESENTATIVE  PRUITT opined  that noncompliance  with the  bill                                                               
should  result in  the election  results on  a ballot  initiative                                                               
being invalidated, and expressed disfavor with Amendment 3.                                                                     
                                                                                                                                
VICE CHAIR  THOMPSON expressed concern that  the election results                                                               
on  a ballot  initiative  could be  invalidated  if using  public                                                               
funds to provide the public  with nonpartisan information about a                                                               
ballot proposition  or question  - as  allowed under  existing AS                                                               
15.13.145(c)(2)  -  is  misconstrued  as using  public  funds  to                                                               
influence  the  outcome  of  an   election  concerning  a  ballot                                                               
initiative.                                                                                                                     
                                                                                                                                
REPRESENTATIVE  GRUENBERG, in  response  to  a question,  relayed                                                               
that in offering Amendment 3,  he was attempting to eliminate the                                                               
possibility that  noncompliance with the bill  would invalidate a                                                               
ballot initiative's election results.                                                                                           
                                                                                                                                
A  roll  call vote  was  taken.   Representatives  Gruenberg  and                                                               
Holmes voted  in favor of  Amendment 3.   Representatives Pruitt,                                                               
Thompson,  Lynn,  and  Keller  voted   against  it.    Therefore,                                                               
Amendment 3 failed by a vote of 2-4.                                                                                            
                                                                                                                                
2:27:14 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE GRUENBERG  [made a  motion to adopt]  Amendment 4,                                                               
labeled 27-LS1396\A.6, Bullard, 4/2/12, which read:                                                                             
                                                                                                                                
     Page 1, line 4, following "election":                                                                                    
          Insert "; and relating to the liability of                                                                          
     municipal officials"                                                                                                     
                                                                                                                                
     Page 1, line 12:                                                                                                           
          Delete "a new subsection"                                                                                             
          Insert "new subsections"                                                                                              
                                                                                                                                
     Page 2, following line 4:                                                                                                  
          Insert a new subsection to read:                                                                                      
          "(f)  A municipal official may not be held liable                                                                     
      for the failure of a municipality to comply with (e)                                                                      
     of this section."                                                                                                          
                                                                                                                                
VICE  CHAIR  THOMPSON  noted  that there  was  objection  to  the                                                               
motion.                                                                                                                         
                                                                                                                                
REPRESENTATIVE  GRUENBERG   explained  that  Amendment   4  would                                                               
clarify that  municipal officials cannot  be held liable  for the                                                               
failure of  a municipality to  comply with the provisions  of the                                                               
bill's proposed new AS 15.13.145(e).                                                                                            
                                                                                                                                
REPRESENTATIVE GRUENBERG then mentioned  that perhaps Amendment 4                                                               
could be  amended such that  its protection from  liability would                                                               
also apply to municipalities themselves.                                                                                        
                                                                                                                                
REPRESENTATIVE  OLSON   said  he   didn't  see  a   problem  with                                                               
Amendment 4,  and acknowledged  that it  would probably  clean up                                                               
the bill.                                                                                                                       
                                                                                                                                
VICE  CHAIR  THOMPSON,  in  response   to  comments,  noted  that                                                               
members'  packets contain  a letter  from  the City  of Homer  in                                                               
opposition to HB 347.                                                                                                           
                                                                                                                                
REPRESENTATIVE  OLSON, in  response  to a  question, expressed  a                                                               
preference for Amendment 4 as currently written.                                                                                
                                                                                                                                
VICE CHAIR  THOMPSON, observing that members  had questions about                                                               
Amendment 4 for the drafter  to address, relayed that Amendment 4                                                               
would be set aside.                                                                                                             
                                                                                                                                
2:36:23 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  GRUENBERG  made  a  motion  to  adopt  Conceptual                                                               
Amendment 5, a  hand-altered version of an  amendment labeled 27-                                                               
LS1396\A.8, Bullard, 4/2/12, which, after alteration, read:                                                                     
                                                                                                                                
     Page 1, line 4, following "election ":                                                                                   
          Insert "; relating to the reporting of certain                                                                      
     expenditures to influence the outcome of an election"                                                                    
                                                                                                                                
REPRESENTATIVE KELLER objected.                                                                                                 
                                                                                                                                
REPRESENTATIVE  GRUENBERG explained  that Conceptual  Amendment 5                                                               
would  ensure  that the  title  of  HB  347 reflects  the  bill's                                                               
proposed changes to AS 15.13.145.                                                                                               
                                                                                                                                
REPRESENTATIVE  HOLMES  said  she   didn't  see  a  problem  with                                                               
Conceptual Amendment  5, surmising  that it  would just  clean up                                                               
the title.                                                                                                                      
                                                                                                                                
REPRESENTATIVE  KELLER   made  a   motion  to   amend  Conceptual                                                               
Amendment 5 such that the words,  "to influence the outcome of an                                                             
election" would no longer be added  to the title.  There being no                                                             
objection, Conceptual Amendment 5 was so amended.                                                                               
                                                                                                                                
MR.  BULLARD, in  response to  comments and  questions, indicated                                                               
that  the  language  that  would   be  added  to  the  title  via                                                               
Conceptual  Amendment  5,  as amended,  accurately  reflects  the                                                               
bill's proposed changes  to AS 15.13.145, and that  he didn't see                                                               
any legal problems with it.                                                                                                     
                                                                                                                                
REPRESENTATIVE KELLER removed his objection.                                                                                    
                                                                                                                                
VICE  CHAIR THOMPSON  announced that  Conceptual Amendment  5, as                                                               
amended, was adopted.                                                                                                           
                                                                                                                                
2:43:14 PM                                                                                                                    
                                                                                                                                
VICE  CHAIR THOMPSON  turned the  committee's  attention back  to                                                               
Amendment 4.                                                                                                                    
                                                                                                                                
MR.  BULLARD,  to  address  members'  questions,  explained  that                                                               
although  AS 09.65.070  already  provides  immunity to  municipal                                                               
officials with  regard to certain discretionary  duties, official                                                               
duties,  it's  difficult  to  say   how  that  statute  would  be                                                               
interpreted by the  court in the context of  a municipal official                                                               
who  spends municipal  funds out  of compliance  with the  bill's                                                               
requirements.                                                                                                                   
                                                                                                                                
REPRESENTATIVE   GRUENBERG  said   he   didn't   want  any   such                                                               
noncompliance  by  a  municipality   to  result  in  a  municipal                                                               
official being subject to civil or criminal penalties.                                                                          
                                                                                                                                
REPRESENTATIVE  KELLER said  he  opposes  Amendment 4,  surmising                                                               
that it would remove any responsibility to comply with the bill.                                                                
                                                                                                                                
VICE CHAIR  THOMPSON offered  his belief  that Amendment  4 would                                                               
defeat the purpose of HB 347.                                                                                                   
                                                                                                                                
MR.  BULLARD, in  response to  another question,  relayed that  a                                                               
violation of AS 15.13 would be a class A misdemeanor.                                                                           
                                                                                                                                
REPRESENTATIVE GRUENBERG withdrew Amendment 4.                                                                                  
                                                                                                                                
2:47:29 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  GRUENBERG made  a  motion to  adopt Amendment  6,                                                               
labeled 27-LS1396\A.5, Bullard, 4/2/12, which read:                                                                             
                                                                                                                                
     Page 1, line 4, following "election":                                                                                    
         Insert "; and providing for an effective date"                                                                       
                                                                                                                                
     Page 2, following line 4:                                                                                                  
          Insert a new bill section to read:                                                                                    
        "* Sec. 3. This Act takes effect August 29, 2012."                                                                  
                                                                                                                                
REPRESENTATIVE KELLER objected.                                                                                                 
                                                                                                                                
REPRESENTATIVE GRUENBERG  explained that  under Amendment  6, the                                                               
effective date  of the bill would  be the day after  the upcoming                                                               
primary  election, and  surmised that  municipalities could  have                                                               
difficulty complying  with the proposed  new law any  time sooner                                                               
than that.                                                                                                                      
                                                                                                                                
REPRESENTATIVE OLSON agreed.                                                                                                    
                                                                                                                                
REPRESENTATIVE KELLER removed his objection.                                                                                    
                                                                                                                                
VICE  CHAIR  THOMPSON,  after ascertaining  that  there  were  no                                                               
further objections, announced that Amendment 6 was adopted.                                                                     
                                                                                                                                
The committee took an at-ease from 2:49 p.m. to 2:50 p.m.                                                                       
                                                                                                                                
2:50:52 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE KELLER moved to report  HB 347, as amended, out of                                                               
committee  with individual  recommendations and  the accompanying                                                               
fiscal  notes.   There  being  no  objection, CSHB  347(JUD)  was                                                               
reported from the House Judiciary Standing Committee.                                                                           

Document Name Date/Time Subjects
HB0347A.pdf HJUD 4/2/2012 1:00:00 PM
HB 347
HB 347 Sectional Analysis.pdf HJUD 4/2/2012 1:00:00 PM
HB 347
05 HB347-DCCED-DCRA-02-24-12.pdf HJUD 4/2/2012 1:00:00 PM
HSTA 3/22/2012 8:00:00 AM
SSTA 4/13/2012 9:00:00 AM
HB 347
HB 347 Sponsor Statement.pdf HJUD 4/2/2012 1:00:00 PM
HB 347
HB 347 Legislative Research.pdf HJUD 4/2/2012 1:00:00 PM
HB 347
HB 347 City of Homer comments.pdf HJUD 4/2/2012 1:00:00 PM
SSTA 4/13/2012 9:00:00 AM
HB 347
HB 347 Dept of Law.pdf HJUD 4/2/2012 1:00:00 PM
SSTA 4/13/2012 9:00:00 AM
HB 347
HB 347 Gruenberg memo.pdf HJUD 4/2/2012 1:00:00 PM
SSTA 4/13/2012 9:00:00 AM
HB 347