Legislature(2011 - 2012)CAPITOL 120

04/12/2012 01:00 PM House JUDICIARY


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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
-- Delayed to 1:30 p.m. Today --
+= SB 210 CRIMES AGAINST CHILDREN/ SUPPORT/CINA TELECONFERENCED
Moved HCS CSSB 210(JUD) Out of Committee
+ HB 355 APOC: MEMBERSHIP; USE OF REPORT INFO TELECONFERENCED
Moved CSHB 355(JUD) Out of Committee
+ Bills Previously Heard/Scheduled TELECONFERENCED
         HB 355 - APOC: MEMBERSHIP; USE OF REPORT INFO                                                                      
                                                                                                                                
2:40:14 PM                                                                                                                    
                                                                                                                                
VICE CHAIR  THOMPSON announced that  the final order  of business                                                               
would be HOUSE  BILL NO. 355, "An Act relating  to the membership                                                               
of,  and member  qualifications  for, the  Alaska Public  Offices                                                               
Commission;  prohibiting  certain  uses of  names  and  addresses                                                               
contained  in certain  reports to  the commission;  and providing                                                               
for  an  effective  date."     [Before  the  committee  was  CSHB
355(STA).]                                                                                                                      
                                                                                                                                
2:40:51 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  DAVID   GUTTENBERG,  Alaska   State  Legislature,                                                               
sponsor,  explained   that  HB   355  would  alter   the  statute                                                               
pertaining to  the Alaska Public  Offices Commission (APOC)  - AS                                                               
15.13.020  - such  that its  members  would be  required to  have                                                               
experience working  on political  campaigns and  [complying with]                                                               
the reporting  requirements of AS  15.13, the  statute pertaining                                                               
to state  election campaigns.   Members  serving on  other boards                                                               
and commissions are  required to have experience  in the industry                                                               
they  have purview  over; in  contrast, members  of the  APOC are                                                               
currently  appointed   without  regard  to  experience.     House                                                               
Bill 355   would  ensure   that  APOC   members  understand   the                                                               
intricacies  of campaigning.    He noted  that  CSHB 355(STA)  no                                                               
longer contains  a provision [that would  have prohibited certain                                                               
uses of  names and addresses  of persons making  contributions or                                                               
expenditures contained  in reports and statements  filed with the                                                               
APOC].                                                                                                                          
                                                                                                                                
The committee took an at-ease from 2:44 p.m. to 2:45 p.m.                                                                       
                                                                                                                                
2:45:25 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  GRUENBERG made  a  motion  to adopt  [Conceptual]                                                               
Amendment 1, a  hand-altered version of an  amendment labeled 27-                                                               
LS1388\D.2, Bullard, 4/12/12, which, after alteration, read:                                                                    
                                                                                                                                
     Page 1, line 2, following "Commission;":                                                                                 
          Insert   "relating   to   candidate   forums   and                                                                  
     contributions in state election campaigns;"                                                                              
                                                                                                                                
     Page 4, following line 6:                                                                                                  
     Insert new bill sections to read:                                                                                          
        "* Sec. 11. AS 15.13.150 is amended to read:                                                                        
          Sec. 15.13.150. Election educational activities                                                                     
        not prohibited. This chapter does not prohibit a                                                                      
      person from engaging in educational election-related                                                                      
     communications and activities, including                                                                                   
               (1)  the publication of the date and                                                                             
     location of an election;                                                                                                   
               (2)  the education of students about voting                                                                      
     and elections;                                                                                                             
               (3)  the sponsorship of [OPEN] candidate                                                                         
     debate forums open to the public;                                                                                      
               (4)    participation in  get-out-the-vote  or                                                                    
     voter  registration   drives  that   do  not   favor  a                                                                    
     particular  candidate,  political party,  or  political                                                                    
     position;                                                                                                                  
               (5)   the dissemination  of the views  of all                                                                    
     candidates running for a particular office.                                                                                
        * Sec. 12. AS 15.13.400(4) is amended to read:                                                                        
               (4)  "contribution"                                                                                              
               (A)   means a  purchase, payment,  promise or                                                                    
     obligation to  pay, loan or loan  guarantee, deposit or                                                                    
     gift of money,  goods, or services for  which charge is                                                                    
     ordinarily made,  and includes the payment  by a person                                                                    
     other  than   a  candidate   or  political   party,  or                                                                    
     compensation  for  the  personal  services  of  another                                                                    
     person, that is rendered  to the candidate or political                                                                    
     party, and that is made for the purpose of                                                                                 
               (i)   influencing the nomination  or election                                                                    
     of a candidate;                                                                                                            
               (ii)   influencing  a  ballot proposition  or                                                                    
     question; or                                                                                                               
               (iii)   supporting or opposing  an initiative                                                                    
     proposal   application   filed  with   the   lieutenant                                                                    
     governor under AS 15.45.020;                                                                                               
               (B)  does not include                                                                                            
               (i)   services provided  without compensation                                                                    
     by individuals  volunteering a portion or  all of their                                                                    
     time  on behalf  of  a political  party, candidate,  or                                                                    
     ballot proposition or question;                                                                                            
               (ii)  ordinary hospitality in a home;                                                                            
               (iii)   two  or  fewer  mass mailings  before                                                                    
     each election  by each  political party  describing the                                                                    
     party's  slate of  candidates for  election, which  may                                                                    
     include   photographs,  biographies,   and  information                                                                    
     about the party's candidates;                                                                                              
               (iv)    the  results  of a  poll  limited  to                                                                    
     issues  and not  mentioning any  candidate, unless  the                                                                    
     poll was requested by or  designed primarily to benefit                                                                    
     the candidate;                                                                                                             
               (v)    any communication  in  the  form of  a                                                                    
     newsletter  from  a   legislator  to  the  legislator's                                                                    
     constituents,   except    a   communication   expressly                                                                    
     advocating the election  or defeat of a  candidate or a                                                                    
     newsletter or material in a  newsletter that is clearly                                                                    
     only  for the  private  benefit of  a  legislator or  a                                                                    
     legislative employee; [OR]                                                                                                 
               (vi)  a fundraising list provided without                                                                        
     compensation by one candidate or political party to a                                                                      
     candidate or political party; or                                                                                       
               (vii)  an opportunity to participate in a                                                                    
     candidate debate forum provided to a candidate without                                                                 
      compensation to the candidate by another person and                                                                   
     for which a candidate is not ordinarily charged;"                                                                      
                                                                                                                                
     Renumber the following bill sections accordingly.                                                                          
                                                                                                                                
REPRESENTATIVE HOLMES objected for the purpose of discussion.                                                                   
                                                                                                                                
REPRESENTATIVE GRUENBERG -  referring to a letter  dated April 2,                                                               
2012, from the APOC, and a  memorandum dated April 10, 2012, from                                                               
Legislative  Legal  and Research  Services  -  explained that  by                                                               
adding   two  new   sections   that   would  respectively   amend                                                               
AS 15.13.150(3)  and AS  15.13.400(4)(B), Conceptual  Amendment 1                                                               
would  clarify  that  a  permitted  election-educational-activity                                                               
could  include the  sponsorship of  candidate debate  forums that                                                               
are  open to  the public,  and that  the term,  "contribution" as                                                               
used in AS 15.13  does not include providing a  candidate with an                                                               
opportunity to  participate without  compensation in  a candidate                                                               
debate  forum for  which he/she  is not  ordinarily charged.   In                                                               
conclusion, he  mentioned that the  drafter has indicated  to him                                                               
that  the  alteration  included in  Conceptual  Amendment  1  was                                                               
acceptable.                                                                                                                     
                                                                                                                                
REPRESENTATIVE LYNN  expressed interest  in having  Amendment 1's                                                               
proposed  change to  AS 15.13.400(4)(B)  apply  to all  candidate                                                               
forums, not just those involving debate.                                                                                        
                                                                                                                                
REPRESENTATIVE  GRUENBERG  made  a  motion  to  amend  Conceptual                                                               
Amendment 1  such that  the word "debate"  would be  deleted from                                                               
its  proposed  change to  AS  15.13.400(4)(B).   There  being  no                                                               
objection, Conceptual Amendment 1 was amended.                                                                                  
                                                                                                                                
REPRESENTATIVE GUTTENBERG,  in response to a  question, indicated                                                               
that he was amenable to Conceptual Amendment 1, as amended.                                                                     
                                                                                                                                
REPRESENTATIVE HOLMES removed her objection.                                                                                    
                                                                                                                                
VICE  CHAIR THOMPSON  announced that  Conceptual Amendment  1, as                                                               
amended, was adopted.                                                                                                           
                                                                                                                                
2:52:50 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE LYNN opined that unless  one has been a candidate,                                                               
one  can't really  understand what's  involved  with running  for                                                               
office, and characterized HB 355 as a good bill.                                                                                
                                                                                                                                
REPRESENTATIVE HOLMES - remarking  that many APOC violations stem                                                               
from difficulties  with filling  out the required  paperwork, and                                                               
surmising  that  APOC  members  with  campaign  experience  could                                                               
suggest  ways of  improving [the  system]  - opined  that HB  355                                                               
strikes a really  good balance, and characterized it  as a really                                                               
good bill.                                                                                                                      
                                                                                                                                
REPRESENTATIVE GUTTENBERG,  in response to a  question, explained                                                               
that HB 355 would temporarily  add two nonvoting advisory members                                                               
to  the APOC  - accounted  for in  the APOC's  fiscal note  - but                                                               
makes  no  other  changes  to  the  APOC's  procedures.    It  is                                                               
anticipated that  by the time  both of those  temporary positions                                                               
[sunset],  that  the  voting members  would  have  the  requisite                                                               
campaign  experience.    In response  to  further  questions,  he                                                               
indicated that  under both  existing law and  the bill,  all [but                                                               
one  of] the  members  of the  APOC must,  in  equal numbers,  be                                                               
members of one  of the two political  parties whose gubernatorial                                                               
candidate  received  the highest  number  of  votes at  the  most                                                               
recent  preceding  general  election  at  which  a  governor  was                                                               
elected; and appointments to the  APOC are subject to legislative                                                               
confirmation.                                                                                                                   
                                                                                                                                
2:59:53 PM                                                                                                                    
                                                                                                                                
PAUL  DAUPHINAIS,  Executive   Director,  Alaska  Public  Offices                                                               
Commission  (APOC), Department  of Administration  (DOA), relayed                                                               
that the  points he was going  to make about HB  355 have already                                                               
been addressed.                                                                                                                 
                                                                                                                                
VICE CHAIR THOMPSON,  after ascertaining that no  one else wished                                                               
to testify, closed public testimony on HB 355.                                                                                  
                                                                                                                                
3:01:38 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE KELLER moved to report  CSHB 355(STA), as amended,                                                               
out  of   committee  with  individual  recommendations   and  the                                                               
accompanying   fiscal  notes.      There   being  no   objection,                                                               
CSHB 355(JUD)  was reported  from  the  House Judiciary  Standing                                                               
Committee.                                                                                                                      

Document Name Date/Time Subjects
01 CSHB 355 (STA) version I.pdf HJUD 4/12/2012 1:00:00 PM
HSTA 4/10/2012 8:00:00 AM
HB 355
HCS CSSB210 ver O.pdf HJUD 4/12/2012 1:00:00 PM
SB 210
02 HB 355 Sponsor Statement -- FINAL.pdf HJUD 4/12/2012 1:00:00 PM
HSTA 4/10/2012 8:00:00 AM
HB 355
03 HB 355 - Sectional Analysis -- FINAL.pdf HJUD 4/12/2012 1:00:00 PM
HSTA 4/10/2012 8:00:00 AM
HB 355
04 HB 355 explanation of changes to CSHB 355.pdf HJUD 4/12/2012 1:00:00 PM
HSTA 4/10/2012 8:00:00 AM
HB 355
05 HB355-DOA-APOC-4-9-12.pdf HJUD 4/12/2012 1:00:00 PM
HSTA 4/10/2012 8:00:00 AM
HB 355
CSHB 355 (STA) Amendment for HJUD.pdf HJUD 4/12/2012 1:00:00 PM
HB 355
HB 355 Legislative Legal Memo.pdf HJUD 4/12/2012 1:00:00 PM
HB 355
HB 355 Regulation.pdf HJUD 4/12/2012 1:00:00 PM
HB 355
HB 355 Statute.pdf HJUD 4/12/2012 1:00:00 PM
HB 355
HB 355 APOC.pdf HJUD 4/12/2012 1:00:00 PM
HB 355
HCS CSSB210 ver U.pdf HJUD 4/12/2012 1:00:00 PM
SB 210
HCS CSSB 210 (JUD) version U Memo.pdf HJUD 4/12/2012 1:00:00 PM
SB 210
CS for SB 210 (JUD) Amendment for Version U.pdf HJUD 4/12/2012 1:00:00 PM
SB 210