Legislature(2007 - 2008)CAPITOL 106
02/04/2008 04:30 PM House RULES
| Audio | Topic |
|---|---|
| Start | |
| HB305 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| HB 305 | |||
HB 305-CAMPAIGN FUND RAISING DURING SESSIONS 4:34:10 PM CHAIR COGHILL announced that the only order of business would be HOUSE BILL NO. 305, "An Act relating to campaign fund raising by a legislator, legislative employee, or candidate for election to the legislature during a regular or special legislative session." [Before the committee was CSHB 305(STA).] 4:34:27 PM REPRESENTATIVE KEVIN MEYER, Alaska State Legislature, explained that he introduced HB 305 to separate fund raising activities from legislative duties. Currently, legislators are prohibited from raising funds for state office while the legislature is in session. However, a legislator can raise campaign funds for a local or federal race. Representative Meyer characterized HB 305 as common sense because the prohibition against raising campaign funds should apply no matter for which office a legislator is running. Therefore, HB 305 merely extends the current law to prohibit legislators from raising campaign funds for local or federal office. 4:35:59 PM CHAIR COGHILL announced that he decided to have a House Rules Standing Committee meeting due to a forthcoming amendment and the federal issue. He relayed that the sponsor has indicated that he believes the matter is worthy of a challenge. 4:37:17 PM REPRESENTATIVE MEYER, in response to Representative Samuels, clarified that a legislator wouldn't be able to raise campaign funds for federal, local, or state office. 4:38:03 PM MIKE PAWLOWSKI, Staff, Representative Kevin Meyer, Alaska State Legislature, directed attention to page 3, which refers to the exception during 90 days preceding an election. He explained that so long as the legislative employee is raising funds for himself/herself, he/she is allowed to raise funds within 90 days of the election. However, there was an amendment in the House State Affairs Standing Committee regarding raising money on behalf of other candidates for which the 90-day exception doesn't apply. 4:38:46 PM REPRESENTATIVE SAMUELS posed a situation in which he were to run for mayor of the Municipality of Anchorage which holds its elections in April. He surmised that he could raise funds for that campaign if it were 90 days prior to the election, regardless of whether it's for federal or local office. REPRESENTATIVE MEYER replied yes, so long as it's 90 days prior to the election. REPRESENTATIVE SAMUELS directed attention to the language [on page 2, line 29, which says "in the capital city"]. He then related his understanding that [a legislator from Juneau] couldn't raise campaign funds to run for a local office such as the mayor of the City & Borough of Juneau because that legislator is located in the capital city. REPRESENTATIVE KERTTULA noted her agreement. 4:39:47 PM REPRESENTATIVE JOHNSON pointed out that [a legislative employee] also can't raise funds for a ballot proposition. REPRESENTATIVE MEYER replied yes. 4:40:19 PM CHAIR COGHILL moved that the committee adopt Amendment 1, labeled 25-LS1226\K.1, Bullard, 1/24/08, which read: Page 1, line 2: Delete "by a candidate for election to the legislature, a legislator, or a legislative employee" Page 1, line 5, through page 2, line 12: Delete all material. Page 2, line 13: Delete "Sec. 2. AS 15.13.074 is amended by adding a new subsection" Insert "Section 1. AS 15.13.072(d) is repealed and reenacted" Renumber the following bill sections accordingly. Page 2, line 14: Delete "(j)" Insert "(d)" Page 2, line 15, following "legislator": Insert "or legislative employee" Page 2, line 17: Following "candidate": Insert "and the contribution is for that legislator's or legislative employee's campaign" REPRESENTATIVES JOHNSON objected. 4:40:44 PM MR. PAWLOWSKI related his understanding that the title change is necessary due to redundancy created by an amendment in the House State Affairs Standing Committee. He then turned to the repeal and reenactment of subsection (j). He recalled that there was concern that subsection (d) conflicted with subsection (j) in Section 2, which only applied to a legislator. Since subsection (j) is in the expenditure section of the fund raising statute and subsection (d) is in the solicitation section, it made sense to make the prohibition blanket and to include a legislative employee as well in subsection (j) and reletter accordingly. Mr. Pawlowski highlighted the importance of the change on page 2, line 17, which specifies that the contribution is for the particular office. 4:44:15 PM REPRESENTATIVE SAMUELS related his understanding that the philosophy behind the legislation hasn't changed; this [amendment] is merely cleanup. 4:44:52 PM REPRESENTATIVE JOHNSON withdrew his objection. There being no further objection, Amendment 1 was adopted. 4:45:03 PM REPRESENTATIVE GUTTENBERG expressed concern with the sponsor's willingness to challenge the federal restrictions on federal office. He pointed out that on one hand the [legislation] seems to tell the federal government that the state doesn't want it involved in its business, however the state is inserting itself into municipal elections. Representative Guttenberg opined that for him it's about a level playing field. He highlighted that a legislative employee wouldn't have the same advantages as an incumbent would have. The challenger has such an uphill climb in an election against an incumbent and this legislation creates further restrictions on that process, both in a situation in which a [legislator or legislative employee] seeks a federal office and an employee against an incumbent in a municipal election. 4:46:54 PM REPRESENTATIVE MEYER opined that the ethics portion of this legislation is the most important aspect of HB 327. "We just need to keep the money out of the capital city while we're in session," he opined. In response to Representative Guttenberg's concerns he reminded the committee that a candidate can raise funds 90 days prior to the election. Representative Meyer viewed this legislation as specifying what legislators can and can't do, as it relates to raising campaign funds. This law, as it pertains to legislators, already exists and this legislation merely expands it to refer to all elections. REPRESENTATIVE MEYER acknowledged the concern that the state doesn't have the jurisdiction to limit an individual from raising funds for federal office. However, a couple of states have challenged the aforementioned and won. He noted that three states have a law similar to what's before the committee. Representative Meyer opined that this matter is important enough that it should be in place until someone challenges it and wins. 4:48:45 PM REPRESENTATIVE GUTTENBERG stated that the larger purpose is to reach a level playing field. He mentioned that to be competitive in a Congressional race one has to raise, on average, $10,000 a day. 4:49:46 PM REPRESENTATIVE SAMUELS pointed out that a legislator could resign from his/her seat to run for a Congressional office. He further pointed out that one would have to question why someone would be willing to give a legislator money when he/she is a legislator and running for a Congressional office, but not willing to do so when the legislator isn't a legislator and is running for a Congressional office. 4:50:18 PM REPRESENTATIVE HARRIS emphasized that incumbency has both positive and negative aspects. He opined that usually incumbents win because people aren't totally dissatisfied with the job the incumbent is doing. Furthermore, when a sitting legislator decides to run for a different office, that sitting legislator has to calculate whether he/she can win based on the job the person in the office is doing. Representative Harris highlighted that although legislators can't raise money during session, challengers can raise money any time outside of the capital city. The aforementioned is perfectly legitimate because it's too easy to be influenced while in session. Those running not in a legislative seat aren't influenced because they can't make any decisions. Representative Harris then stressed that anyone who wants to run for U.S. Congress should resign his/her legislative seat and run. "Don't use the power of the seat that you're supposed to be spending your time doing to raise money, because that's basically what you're doing. You don't know that people aren't giving you money for the seat you're holding," he opined. He stressed the importance of HB 327 as well as the importance of the matter going all the way to the Supreme Court, if necessary. 4:53:47 PM REPRESENTATIVE KERTTULA [moved that the committee adopt Conceptual Amendment 2, labeled 25-LS1226\K.4, Bullard, 2/4/08, which read, with handwritten changes]: Page 2, line 1: Delete "a regular or" Page 2, line 11: Delete "regular or" Page 2, line 21: Delete "a regular or" Page 2, lines 29 - 30: Delete "regular or" Page 3, line 9: Delete "regular or" Page 3, line 26: Delete "regular or" Page 4, line 6: Delete "regular or" Page 4, line 13: Delete "regular or" REPRESENTATIVE KERTTULA explained that current law doesn't allow a regular session to occur outside of the capital city. Although there is legislation [HB 293] addressing the aforementioned, it's pending and thus the amendment is to remove the language "regular or". She noted that she spoke with the sponsor who is in concurrence with the proposed amendment. REPRESENTATIVE HARRIS [and JOHNSON] objected. 4:55:10 PM REPRESENTATIVE MEYER said that he wasn't trying to imply that other legislation might pass, the language was as drafted by Legislative Legal and Research Services. 4:55:33 PM REPRESENTATIVE KERTTULA specified that there are other references [beyond those specified to be deleted in Conceptual Amendment 2] in which the language "regular or" is properly used. 4:56:15 PM REPRESENTATIVE JOHNSON posed a scenario in which Representative Meyer's other legislation passes. He asked if that could create a situation in which a [legislator or legislative employee] could raise funds in the city in which the regular session is being held, which may or may not be Juneau. REPRESENTATIVE KERTTULA responded that if legislation [allowing the legislature to convene outside of the capital city] is passed, that legislation could be amended to address the matter at that time. She then opined that addressing the matter in this manner would violate the rules of statutory construction with a meaningless section. REPRESENTATIVE SAMUELS said he had the same question as Representative Johnson, and opined that it doesn't hurt to leave the language in the legislation. 4:57:47 PM REPRESENTATIVE MEYER said that although he is okay with where the sponsor of Conceptual Amendment 2 wants to go, he isn't sure what to think after hearing the opposing views. He opined that he wasn't sure that Conceptual Amendment 2 is necessary, and thus requested more compelling reasoning from the maker of Conceptual Amendment 2. REPRESENTATIVE KERTTULA highlighted that HB 305 isn't a capital move or legislative move legislation, and thus that issue shouldn't be raised in this legislation that addresses ethics. Furthermore, a rule of statutory construction specifies that legislation shouldn't have a meaningless section in legislation as it confuses statute, is a red herring, and results in improper drafting. She reiterated that the matter can be addressed in other legislation. Representative Kerttula clarified that she agrees that fund raising shouldn't occur in the capital city during session. REPRESENTATIVE MEYER interjected that [HB 293] addresses the matter. 4:59:29 PM REPRESENTATIVE JOHNSON expressed hesitation in removing the language because he wanted to be sure that there isn't a potential loophole. He emphasized the need to be very clear that the intention is that it's not appropriate to raise money during session in the city in which the session is being held. 5:00:45 PM CHAIR COGHILL noted his agreement with Representative Kerttula that Conceptual Amendment 2 is appropriate cleanup language. 5:01:45 PM REPRESENTATIVE JOHNSON maintained his objection. 5:02:04 PM A roll call vote was taken. Representatives Samuels, Kerttula, Guttenberg, Harris, and Coghill voted in favor of Conceptual Amendment 2. Representatives Fairclough and Johnson voted against it. Therefore, Conceptual Amendment 2 was adopted by a vote of 5-2. 5:02:37 PM REPRESENTATIVE SAMUELS noted that if a Representative were to resign to run for another office, he/she would give up a few months of his/her term whereas a Senator would give up half of his/her term to do so. He then asked if this legislation impacts the governor. REPRESENTATIVE MEYER specified that the legislation only speaks to the legislative branch, not the executive branch. 5:03:40 PM REPRESENTATIVE SAMUELS moved to report CSHB 305(STA), as amended, out of committee with individual recommendations and the accompanying fiscal notes. There being no objection, CSHB 305(RLS) was reported from the House Rules Standing Committee.
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