Legislature(2007 - 2008)BELTZ 211

03/20/2008 09:00 AM Senate STATE AFFAIRS


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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
*+ SB 198 CAMPAIGN FINANCE/ELECTION CODE VIOLATIONS TELECONFERENCED
Failed To Move Out Of Committee
*+ SB 203 LEGISLATIVE ETHICS: VOTING & CONFLICTS TELECONFERENCED
Heard & Held
*+ SCR 12 AMEND UNIFORM RULES: ABSTAIN FROM VOTING TELECONFERENCED
Heard & Held
*+ SB 199 CAMPAIGN FINANCE COMPLAINTS TELECONFERENCED
Moved SB 199 Out of Committee
*+ SB 213 LEGISLATIVE AUDIT DIVISION POWERS TELECONFERENCED
Moved CSSB 213(STA) Out of Committee
+ Bills Previously Heard/Scheduled TELECONFERENCED
               SB 199-CAMPAIGN FINANCE COMPLAINTS                                                                           
                                                                                                                                
9:40:50 AM                                                                                                                    
CHAIR MCGUIRE  announced the  consideration of  SB 199,  which is                                                               
similar to SB 198 but only addresses the statute of limitations.                                                                
                                                                                                                                
SENATOR GENE  THERRIAULT, Alaska  State Legislature, said  SB 199                                                               
increases  the  statute of  limitations  from  one year  to  four                                                               
years. Section 2 just clarifies that  it will apply to any matter                                                               
that has  taken place within the  past year and forward.  It will                                                               
not be retroactive  to four years. The change to  one year was in                                                               
a bill that was introduced  by the administration and intended to                                                               
abolish APOC.  There wasn't  a lot  of debate  on the  statute of                                                               
limitations. He  doesn't recall  an objection  from APOC,  but it                                                               
may  have  been  focused  on  other aspects  of  the  bill,  like                                                               
abolishing APOC. The fiscal note is not insignificant.                                                                          
                                                                                                                                
The committee took a brief at-ease at 9:43:15 AM.                                                                             
                                                                                                                                
9:43:31 AM                                                                                                                    
SENATOR THERRIAULT said APOC was  struggling with its budget back                                                               
then, and  shortening the  statute of  limitations freed  up some                                                               
financial pressures. With the dynamics  of the legislature in the                                                               
last year and a half, it is  prudent to revisit the issue. SB 199                                                               
is wholly  contained in SB  198, and  he would support  moving SB
198 instead. There  is an unwritten rule  that the lower-numbered                                                               
bill moves.  That rule should  be followed but was  violated this                                                               
week and he was disappointed. Parts  of SB 198 are problematic to                                                               
some members.  His view  on the  $5,000 limit  is that  the money                                                               
would  not be  an individual  personal  donation. If  there is  a                                                               
surplus after  a campaign, it has  to be given away.  To say that                                                               
it  should be  treated the  same as  a personal  donation is  not                                                               
logical.                                                                                                                        
                                                                                                                                
9:46:17 AM                                                                                                                    
SENATOR BUNDE asked if SB 199 addresses APOC's main concern.                                                                    
                                                                                                                                
CHRIS  ELLINGSON,   Acting  Executive  Director,   Alaska  Public                                                               
Offices Commission, said the commission  was open to four or five                                                               
years, and  would be delighted with  four years. It puts  it back                                                               
to what it was before 2003.                                                                                                     
                                                                                                                                
SENATOR STEVENS asked how it compares with federal law.                                                                         
                                                                                                                                
MS. ELLINGSON  said she  doesn't know exactly,  but she  has seen                                                               
investigations go back ten years.                                                                                               
                                                                                                                                
9:48:27 AM                                                                                                                    
SENATOR BUNDE said it is obviously longer than four years.                                                                      
                                                                                                                                
SENATOR GREEN  asked about the  difficulty in building a  case in                                                               
that time  frame and if there  is lost information. She  asked if                                                               
things couldn't be substantiated after four years.                                                                              
                                                                                                                                
SENATOR  THERRIAULT said  following a  paper trail  will be  more                                                               
problematic, and that is what drives part of the fiscal note.                                                                   
                                                                                                                                
SENATOR BUNDE said  the rule of thumb is  keeping canceled checks                                                               
for seven  years. This may  mean that people shouldn't  clean out                                                               
their files until after four years.                                                                                             
                                                                                                                                
SENATOR THERRIAULT said he keeps his paperwork forever.                                                                         
                                                                                                                                
CHAIR MCGUIRE  said it is  difficult to  retrace. It is  a burden                                                               
with  expectations. There  are many  things to  keep records  of,                                                               
including her son's dividend and college fund.                                                                                  
                                                                                                                                
9:51:21 AM                                                                                                                    
SENATOR BUNDE said the four-year  limitation is part of a concern                                                               
on the  lack of ethical behavior.  He asked if APOC  was not able                                                               
to address some violations because of the short time limit.                                                                     
                                                                                                                                
MS. ELLINGSON said yes, and some may have been minor.                                                                           
                                                                                                                                
SENATOR BUNDE  said, "Then it isn't  just a PR thing."  SB 199 is                                                               
the guts  of the  matter and  not just a  feel-good thing.  It is                                                               
necessary, and  he moved  SB 199  from committee  with individual                                                               
recommendations  and  attached  fiscal note(s).  There  being  no                                                               
objection, SB 199 passed out of committee.                                                                                      
                                                                                                                                

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