Legislature(2007 - 2008)CAPITOL 106

03/20/2008 08:00 AM House STATE AFFAIRS


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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
*+ HB 366 DISCLOSURE : APPROPRIATIONS FROM PFD FUND TELECONFERENCED
Moved Out of Committee
*+ HB 412 LEGISLATIVE COUNCIL & LB&A MEMBERSHIP TELECONFERENCED
<Bill Hearing Postponed to 03/27/08>
*+ HCR 23 UNIFORM RULES: MEASURE SPONSORS/READINGS TELECONFERENCED
<Bill Hearing Postponed to 03/27/08>
*+ HB 402 POLITICAL PARTIES DEFINITION/ELECTIONS TELECONFERENCED
<Bill Hearing Canceled>
+ Bills Previously Heard/Scheduled TELECONFERENCED
+= HB 353 PUBLIC LIBRARY INTERNET FILTERS TELECONFERENCED
Moved CSHB 353(STA) Out of Committee
<Bill Hearing Rescheduled from 03/18/08>
<Teleconference Listen Only>
+= HB 261 PUBLICALLY FINANCED ELECTIONS TELECONFERENCED
Failed To Move Out Of Committee
+= HB 266 STATE EMPLOYEE DEPENDENTS CHILD CARE CTRS TELECONFERENCED
Moved CSHB 266(STA) Out of Committee
<Bill Held Over from 03/18/08>
HB 261-PUBLICALLY FINANCED ELECTIONS                                                                                          
                                                                                                                                
8:28:19 AM                                                                                                                    
                                                                                                                                
CHAIR LYNN announced that the  next order of business was SPONSOR                                                               
SUBSTITUTE  FOR  HOUSE  BILL  NO. 261,  "An  Act  establishing  a                                                               
program  of   public  funding  for  the   financing  of  election                                                               
campaigns of  candidates for state  elected offices, to  be known                                                               
as the Clean Elections Act."                                                                                                    
                                                                                                                                
[Before the  committee as a  work draft, adopted on  3/15/08, was                                                               
committee  substitute (CS)  for  SSHB  261, Version  25-LS0929\M,                                                               
Bullard, 2/21/08.]                                                                                                              
                                                                                                                                
8:28:22 AM                                                                                                                    
                                                                                                                                
CHAIR LYNN closed public testimony.                                                                                             
                                                                                                                                
8:28:43 AM                                                                                                                    
                                                                                                                                
SUZANNE HANCOCK,  Staff, Representative Gabrielle  LeDoux, Alaska                                                               
State Legislature,  testified during the  hearing on SSHB  261 on                                                               
behalf of Representative LeDoux, prime  sponsor.  For the benefit                                                               
of  Chair Lynn,  who had  been absent  during previous  meetings'                                                               
discussions  of  SSHB  261,  she   reviewed  the  bill  sponsor's                                                               
involvement at those meetings.                                                                                                  
                                                                                                                                
8:29:46 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE JOHNSON said he was  lukewarm on the proposed bill                                                               
until  a  couple  days  ago  when a  special  interest  group  in                                                               
Virginia  ran an  add  in  Anchorage with  his  name  in it  that                                                               
claimed   he  is   a  corrupt   legislator  because   of  a   "no                                                               
recommendation" vote he made  on a bill.  He said  there is not a                                                               
lot he  can do  about it.   He  spoke of  the possibility  of not                                                               
being able  to fight  off a well-funded  group with  public funds                                                               
and  the  ability  of  a  group  to  raise  money  to  attack  an                                                               
individual.  He  remarked, "If they're attacking me for  a vote I                                                               
haven't made,  imagine what they're going  to do for the  votes I                                                               
have  made."   He offered  his  understanding that  the group  in                                                               
Virginia  has  not  registered with  the  Alaska  Public  Offices                                                               
Commission (APOC)  and there is no  way to trace where  its money                                                               
comes from.  He clarified:                                                                                                      
                                                                                                                                
     Where my opposition to this  bill was slight before, it                                                                    
     is now  become vehement.   I ...,  and the  people that                                                                    
     support my points of views,  need the ability to assist                                                                    
     me in  fighting this  outside attack,  and I  don't see                                                                    
     any other  way we  can do  it with  public funds.   And                                                                    
     unless  this  bill  takes a  serious  turn  and  either                                                                    
     eliminates   third-party   expenditures  or   seriously                                                                    
     curtails  third-party expenditures,  there's  no way  I                                                                    
     can even support it.                                                                                                       
                                                                                                                                
CHAIR  LYNN  said  the  issue  to  which  Representative  Johnson                                                               
referred is  related to  aerial wolf  hunting and  has absolutely                                                               
nothing to do with "these other issues."                                                                                        
                                                                                                                                
8:32:58 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE ROSES  said the bill  does address the  issue that                                                               
Representative  Johnson brought  up.   He added,  "Quite frankly,                                                               
the way  it addresses it is  even scarier than the  process."  He                                                               
continued:                                                                                                                      
                                                                                                                                
     If  an independent  expenditure occurs  in a  campaign,                                                                    
     and  you   feel  as  the   candidate  -  and   you  are                                                                    
     participating  in the  Clean Elections  process -  that                                                                    
     you have been  wronged, you have the  ability to appeal                                                                    
     to  the  ...  administrator   of  the  Clean  Elections                                                                    
     process, and require them within  two days to determine                                                                    
     whether or not you've  been wronged by this third-party                                                                    
     expenditure.                                                                                                               
                                                                                                                                
     If  indeed the  determination  is that  you have  been,                                                                    
     then they  have to match  whatever amount of  money was                                                                    
     spent  to  attack  you  or  to  support  the  candidate                                                                    
     running against  you, up to  three times  the allowable                                                                    
     ...  expenditure  for  the  year.   Well,  what  is  an                                                                    
     allowable  expenditure for  the year?   In  the primary                                                                    
     [election] year,  it's $17,600.   So, three  times that                                                                    
     would  be $52,800  that could  be matched  to you  as a                                                                    
     candidate  if you  participate in  the Clean  Elections                                                                    
     process, because  third-party candidates  or [political                                                                    
     action committees]  (PACs) are  working against  you or                                                                    
     for the  candidate that  is opposing  you.   That's for                                                                    
     the  primary.   In  the general  [election] it's  three                                                                    
     times $26,400, which is $79,200.                                                                                           
                                                                                                                                
     So, ...  are the  citizens of this  state ready  to put                                                                    
     their  permanent   fund  dividends  at  risk   to  fund                                                                    
     political  campaigns?   Because  I can  tell you  right                                                                    
     now, if you  take $79,200 and $52,800,  ... that's over                                                                    
     $130,000.    If  we  have  50  ...  candidates  running                                                                    
     potentially every  year.   What's the  limit?   I mean,                                                                    
     where does this go?                                                                                                        
                                                                                                                                
REPRESENTATIVE  ROSES   said  he  has   seen  the  ad   to  which                                                               
Representative  Johnson  referred,  and   although  it  does  not                                                               
mention his  own name,  it just  as easily  could have,  since he                                                               
sits  on the  same  committee and  passed the  same  bill out  of                                                               
committee.  He  stated that if he were part  of a Clean Elections                                                               
process  and saw  that  the entire  legislature  had been  called                                                               
corrupt, he would  go to the administrator and say,  "I have been                                                               
wronged  by  this  ad;  I  need to  defend  myself;  this  is  an                                                               
expenditure that qualifies; I need the matching fund."                                                                          
                                                                                                                                
8:35:29 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  ROSES  stated that  the  proposed  bill does  not                                                               
address in-kind  contributions, and  he questioned how  the Clean                                                               
Elections  process would  deal with  that issue.   He  emphasized                                                               
that there are numerous issues of  concern that he will state for                                                               
the record  if the bill continues  to move forward.   He said the                                                               
objective of  the bill has not  worked in other states  that have                                                               
tried Clean Elections.   There have been states  that have passed                                                               
a Clean Elections Act only to  repeal it, and others funded Clean                                                               
Elections, then withdrew the funding.   He mentioned California's                                                               
Proposition 89,  regarding Clean  Elections, which was  failed by                                                               
75 percent of those who voted.                                                                                                  
                                                                                                                                
REPRESENTATIVE  ROSES stated  that Clean  Elections is  a serious                                                               
issue that  has the potential  to be costly  to the state  and to                                                               
totally revamp the way Alaska's  elections system works.  He said                                                               
he thinks the  committee should be examining  every single report                                                               
available  regarding Clean  Elections  to  determine whether  the                                                               
information is appropriate and whether  or not amendments need to                                                               
be  made to  the  bill.   He explained  that  although there  are                                                               
elements  of  the bill  that  are  good  and try  to  reestablish                                                               
confidence of the public in  the political process, the bill will                                                               
actually  unravel the  whole process  and will  not meet  its own                                                               
objective.                                                                                                                      
                                                                                                                                
8:37:53 AM                                                                                                                    
                                                                                                                                
CHAIR LYNN  noted that the  bill had  been amended to  remove the                                                               
reference to Clean  Elections from title, and now  the title uses                                                               
the term, "public funding of elections".                                                                                        
                                                                                                                                
8:38:38 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE JOHANSEN stated his opposition to SSHB 261.                                                                      
                                                                                                                                
8:39:24 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE DOLL expressed appreciation  for the comments that                                                               
had been  made, but said she  thinks the issue is  one that needs                                                               
discussing and,  thus, should make  it to  the House floor.   She                                                               
stated support for SSHB 261.                                                                                                    
                                                                                                                                
8:40:18 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE ROSES concurred  with Representative Doll's remark                                                               
that the  bill needs lots of  discussion, but said that  will not                                                               
happen  on  the  House  floor in  a  substantive  manner  without                                                               
delving  into the  aforementioned  reports.   He offered  further                                                               
details.                                                                                                                        
                                                                                                                                
8:42:12 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE DOLL  said she would  support holding the  bill if                                                               
such a discussion would be held.                                                                                                
                                                                                                                                
CHAIR LYNN said because of  the 90-day session, there is probably                                                               
not the time available to have this discussion.                                                                                 
                                                                                                                                
8:43:02 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  JOHNSON said  he appreciates  what Representative                                                               
Roses said about  public action committees.  He said  he does not                                                               
think  the bill  addresses "the  kind of  attack that's  going on                                                               
against  us right  now," which  is why  he does  not support  the                                                               
proposed legislation.                                                                                                           
                                                                                                                                
8:44:10 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE GRUENBERG noted that SSHB  261 would be heard next                                                               
by the House  Judiciary Standing Committee and  the House Finance                                                               
Committee,  so there  would  be  plenty of  time  to discuss  the                                                               
issues.                                                                                                                         
                                                                                                                                
8:44:26 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE   GRUENBERG   moved   to  report   the   committee                                                               
substitute    (CS)   for    SSHB   261,    Version   25-LS0929\M,                                                               
Bullard/2/21/08,    out    of     committee    with    individual                                                               
recommendations and the accompanying fiscal notes.                                                                              
                                                                                                                                
8:44:32 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVES ROSES, JOHNSON, and COGHILL objected.                                                                           
                                                                                                                                
8:44:52 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE ROSES said he realizes  that the legislature is in                                                               
a 90-day session and the  committee has limited scheduled meeting                                                               
times;  however,  he  indicated  that  he  would  be  willing  to                                                               
schedule  additional  meeting times  to  give  time for  adequate                                                               
discussion of the bill.  He offered to head a public forum.                                                                     
                                                                                                                                
CHAIR LYNN indicated  the need to hold  Saturday meetings because                                                               
of the 90-day session.                                                                                                          
                                                                                                                                
REPRESENTATIVE ROSES said  he also appreciates the  fact that the                                                               
bill is scheduled to be heard  by two other House committees.  He                                                               
stated that when a bill is sent  to a committee on which he sits,                                                               
he hopes that  the prior committee did a good  job working on the                                                               
bill  before  passing  it  on,  rather  than  sending  it  on  in                                                               
fragments,  hoping  that the  next  committee  will put  it  back                                                               
together.    He said  he  thinks  the  committee is  rushing  the                                                               
process and  using the 90-day session  as an excuse.   He stated,                                                               
"I  feel  like we  want  to  move this  on  because  it has  some                                                               
controversy connected  to it.   I  feel like  we're moving  it on                                                               
because it's a bill that has  a lot of difficulty and will garner                                                               
a tremendous  amount of  attention and  support.   That's exactly                                                               
why I can't move it out of this committee."                                                                                     
                                                                                                                                
8:47:16 AM                                                                                                                    
                                                                                                                                
A roll  call vote  was taken.   Representatives  Gruenberg, Doll,                                                               
and  Lynn  voted in  favor  of  moving  CSSSHB 261,  Version  25-                                                               
LS0929\M,  Bullard, 2/21/08  out of  committee.   Representatives                                                               
Roses,  Coghill,   Johansen,  and   Johnson  voted   against  it.                                                               
Therefore, Version  M failed to move  out of committee by  a vote                                                               
of 3-4.                                                                                                                         
                                                                                                                                

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