Legislature(2007 - 2008)CAPITOL 106
03/06/2007 08:00 AM House STATE AFFAIRS
| Audio | Topic |
|---|---|
| Start | |
| HB38 | |
| HB6 | |
| HB3 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| += | HB 38 | TELECONFERENCED | |
| += | HB 3 | TELECONFERENCED | |
| *+ | HB 171 | TELECONFERENCED | |
| + | TELECONFERENCED | ||
| += | HB 6 | TELECONFERENCED | |
HB 6-CAMPAIGN CONTRIBUTIONS 8:27:17 AM CHAIR LYNN announced that the next order of business was HOUSE BILL NO. 6, "An Act relating to campaign contributions by groups that are not political parties; and providing for an effective date." 8:27:18 AM REPRESENTATIVE ROSES moved to adopt the committee substitute (CS) for HB 6, Version 25-LS0055\K, Bullard, 2/1/07, as work draft. There being no objection, Version K was before the committee. The committee took an at-ease from 8:28:36 AM to 8:28:38 AM. 8:28:48 AM REPRESENTATIVE ROSES moved to adopt Amendment 1, labeled 25- LS0055\K.12, Bullard, 3/5/07, which read as follows: Page 1, line 15: Delete ", address, principal occupation, and employer" Insert "and [,] address [,]" Page 2, line 2: Delete "[AND" Insert "and" Page 2, lines 3 - 5: Delete all material and insert: "(D) for contributions in excess of $100 [$250] in the aggregate during a calendar year, the principal occupation and employer of the contributor; [AND]" Page 2, line 16: Delete "$250" Insert "$100" Page 2, lines 18 - 29: Delete all material. Renumber the following bill sections accordingly. Page 3, lines 19 - 24: Delete all material and insert: "(3) for all contributions described in (2) of this subsection, the name and [,] address [,] of each contributor and the date [,] and amount of each contribution from [CONTRIBUTED BY] each contributor and, for all contributions described in (2) of this subsection in excess of $100 [$250] in the aggregate during a calendar year, the principal occupation and employer of the contributor; and" REPRESENTATIVE COGHILL objected for discussion purposes. 8:29:26 AM TOM WRIGHT, Staff, House Majority Office, Alaska State Legislature, addressed Amendment 1 as follows: First of all, we have taken out Section 2 .... So, as it stood in the initiative, contributions ... - the individual contributions - don't have to be reported. You still have to say, "I received one contribution - $50, $60, whatever - but you don't have to list the name, address, so on, and so forth, for that contribution. And this is just for groups. Anything over $100, you still have to have the name, address, principle occupation, and employer, as stated within current statute. What we've also done is conformed reporting requirements for candidates - nongroups - even those candidates who ... had the $5,000 exemption [and] didn't have to report their expenditures or contributions. ... [We've] taken the threshold that is currently applied to groups and applied it to everybody else, so there is a model of consistency. So, you've got anything over $100 - groups, nongroups, candidates, formerly exempt candidates - you have to provide name, address, principle occupation, and employer. And the only reason we did that ... was just to have some consistency. Because right now, candidates don't have to report ... occupation [or] employer over $250, and we just said, "Let's just make it consistent so everybody's dealing from the same sheet of music." 8:31:15 AM REPRESENTATIVE ROSES said Amendment 1 satisfies his prior concerns regarding political action committees (PACs) and the use of name and address lists toward union busting. CHAIR LYNN noted that there are also other groups that would suffer from having their members' names and addresses made public. REPRESENTATIVE ROSES stated his support of Amendment 1. 8:32:51 AM REPRESENTATIVE COGHILL removed his objection to Amendment 1. There being no further objection, Amendment 1 was adopted. 8:33:48 AM MR. WRIGHT, in response to a request from Representative Doll, reviewed the changes made by the adopted Amendment 1 in more detail. 8:36:51 AM REPRESENTATIVE JOHNSON moved to adopt Amendment 2, labeled 25- LS0055\K.5, Bullard, 2/14/07, which read as follows: Page 1, line 1, following "contributions": Insert "relating to the definition of 'group' and 'nongroup entities';" Page 4, lines 9 - 14: Delete all material and insert: "* Sec. 5. AS 15.13.050(b) (b) If a group intends to support only one candidate or to [CONTRIBUTE TO OR] expend on behalf of one candidate 33 1/3 percent or more of its funds, the name of the candidate shall be a part of the name of the group. If the group intends to oppose only one candidate or to [CONTRIBUTE ITS FUNDS IN OPPOSITION TO OR] make expenditures in opposition to a candidate, the group's name must clearly state that it opposes that candidate by using a word such as "opposes," "opposing," "in opposition to," or "against" in the group's name. Promptly upon receiving the registration, the commission shall notify the candidate of the group's organization and intent. A candidate may register more than one group to support the candidate; however, multiple groups controlled by a single candidate shall be treated as a single group for purposes of the contribution limit in AS 15.13.070(b)(1). * Sec. 6. AS 15.13.065(a) is amended to read: (a) An individual, a group that is a political party, and a nongroup entity may make a contribution [INDIVIDUALS, GROUPS, NONGROUP ENTITIES, AND POLITICAL PARTIES MAY MAKE CONTRIBUTIONS] to a candidate. An individual [, GROUP,] or nongroup entity may make a contribution to a group, to a nongroup entity, or to a political party. * Sec. 7. AS 15.13.072 is amended by adding a new subsection to read: (i) A candidate may not accept a contribution from a group that is not a political party. * Sec. 8. AS 15.13.074(c) is amended to read: (c) A person or group that is a political party may not make a contribution (1) to a candidate or an individual who files with the commission the document necessary to permit that individual to incur certain election- related expenses as authorized by AS 15.13.100 when the office is to be filled at a general election before the date that is 18 months before the general election; (2) to a candidate or an individual who files with the commission the document necessary to permit that individual to incur certain election- related expenses as authorized by AS 15.13.100 for an office that is to be filled at a special election or municipal election before the date that is 18 months before the date of the regular municipal election or that is before the date of the proclamation of the special election at which the candidate or individual seeks election to public office; or (3) to any candidate later than the 45th day (A) after the date of the primary election if the candidate was not nominated at the primary election; or (B) after the date of the general election, or after the date of a municipal or municipal runoff election. * Sec. 9. AS 15.13.074(h) is amended to read: (h) Notwithstanding AS 15.13.070, a candidate for governor or lieutenant governor [AND A GROUP THAT IS NOT A POLITICAL PARTY AND THAT, UNDER THE DEFINITION OF THE TERM "GROUP," IS PRESUMED TO BE CONTROLLED BY A CANDIDATE FOR GOVERNOR OR LIEUTENANT GOVERNOR,] may not make a contribution to a candidate for another office, to a person who conducts a write- in campaign as a candidate for other office, or to another group of amounts received by that candidate [OR CONTROLLED GROUP] as contributions between January 1 and the date of the general election of the year of a general election for an election for governor and lieutenant governor. This subsection does not prohibit [(1) THE GROUP DESCRIBED IN THIS SUBSECTION FROM MAKING CONTRIBUTIONS TO THE CANDIDATES FOR GOVERNOR AND LIEUTENANT GOVERNOR WHOM THE GROUP SUPPORTS; OR (2)] the governor or lieutenant governor [, OR THE GROUP DESCRIBED IN THIS SUBSECTION,] from making contributions under AS 15.13.116(a)(2)(A) * Sec. 10. AS 15.13.074 is amended by adding a new subsection to read: (j) A group that is not a political party may not make a contribution to a candidate. * Sec. 11. AS 15.13.400(8) is amended to read: (8) "group" means (A) every state and regional executive committee of a political party; and (B) any combination of two or more individuals acting jointly who organize for the principal purpose of influencing the outcome of one or more elections and who take action the major purpose of which is to influence the outcome of an election; a group that makes expenditures or receives contributions with the authorization or consent, express or implied, or under the control, direct or indirect, of a candidate shall be considered to be controlled by that candidate; a group whose major purpose is to further the nomination, election, or candidacy of only one individual, or intends to expend more than 50 percent of its money on a single candidate, shall be considered to be controlled by that candidate and its actions done with the candidate's knowledge and consent unless, within 10 days from the date the candidate learns of the existence of the group the candidate files with the commission, on a form provided by the commission, an affidavit that the group is operating without the candidate's control; a group organized for more than one year preceding an election and endorsing candidates for more than one office or more than one political party is presumed not to be controlled by a candidate; however, a group that expends [CONTRIBUTES] more than 50 percent of its money on [TO] or on behalf of one candidate shall be considered to support only one candidate for purposes of AS 15.13.070, whether or not control of the group has been disclaimed by the candidate; * Sec. 12. AS 15.13.400(13) is amended to read: (13) "nongroup entity" means a person, other than an individual and other than a group that is not a political party, that takes action the major purpose of which is to influence the outcome of an election, and that (A) cannot participate in business activities; (B) does not have shareholders who have a claim on corporate earnings; and (C) is independent from the influence of business corporations. * Sec. 13. AS 15.13.070(c) is repealed." Renumber the following bill section accordingly. REPRESENTATIVE GRUENBERG objected for discussion purposes. REPRESENTATIVE JOHNSON spoke to Amendment 2. He said it would prohibit any PAC from donating to a candidate. He said PACs are the ultimate special interest entities and "we still don't know where the money comes from if it's [a contribution] less than $100, even with this amendment." He said voters cannot find the meaning behind PACs online and cannot make an intelligent decision without that information. REPRESENTATIVE JOHNSON withdrew his motion to adopt Amendment 2, explaining that although he would love to see total transparency in what "we" do, he is also a realist. 8:39:43 AM REPRESENTATIVE ROSES moved to report CSHB 6, Version 25- LS0055\K, Bullard, 2/1/07, as amended, out of committee with individual recommendations and the accompanying fiscal notes. 8:40:03 AM REPRESENTATIVE GRUENBERG [objected] to note that there had been an amendment [labeled 25-LS0055\K.6, Bullard, 2/14/07], which had been discussed at the last committee hearing on HB 6, but which had not been adopted. REPRESENTATIVE GRUENBERG removed his objection. There being no further objection, CSHB 6(STA) was reported out of the House State Affairs Standing Committee.
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