Legislature(2011 - 2012)CAPITOL 120
04/12/2012 01:00 PM House JUDICIARY
Audio | Topic |
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Start | |
SB210 | |
HB355 | |
Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
+= | SB 210 | TELECONFERENCED | |
+ | HB 355 | TELECONFERENCED | |
+ | 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 |
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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 |