Legislature(2009 - 2010)HOUSE FINANCE 519
03/16/2010 01:30 PM House FINANCE
| Audio | Topic |
|---|---|
| Start | |
| HB245 | |
| HB36 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| + | HB 245 | TELECONFERENCED | |
| + | TELECONFERENCED | ||
| += | HB 36 | TELECONFERENCED | |
HOUSE FINANCE COMMITTEE
March 16, 2010
1:37 p.m.
1:37:44 PM
CALL TO ORDER
Co-Chair Stoltze called the House Finance Committee meeting
to order at 1:37 p.m.
MEMBERS PRESENT
Representative Mike Hawker, Co-Chair
Representative Bill Stoltze, Co-Chair
Representative Bill Thomas Jr., Vice-Chair
Representative Allan Austerman
Representative Mike Doogan
Representative Anna Fairclough
Representative Neal Foster
Representative Les Gara
Representative Reggie Joule
Representative Mike Kelly
MEMBERS ABSENT
Representative Woodie Salmon
ALSO PRESENT
Kaci Schroeder, Staff, Representative Bill Thomas, Sponsor;
Jill Matheson, Chair, Alaska State Board of Optometry;
Representative Kyle Johansen, Sponsor; Sonia Christensen,
Staff, Representative Johansen; Annette Kreitzer,
Commissioner, Department of Administration.
PRESENT VIA TELECONFERENCE
Holly Hill, Executive Director, Alaska Public Offices
Commission, Department of Administration; Alpheus Bullard,
Attorney, Legislative Legal and Research Services,
Legislative Affairs Agency.
SUMMARY
HB 36 INITIATIVES: CONTRIBUTIONS/ PROCEDURES
CSSS HB 36(FIN) was REPORTED out of Committee
with a "do pass" recommendation and with attached
new fiscal note by the Department of
Administration and two new zero notes by the
Office of the Governor.
HB 245 LICENSING FOR OPTOMETRY
HB 245 was REPORTED out of Committee with a "do
pass" recommendation and with attached new zero
note by the Department of Commerce, Community,
and Economic Development.
HOUSE BILL NO. 245
"An Act relating to licensure as an optometrist;
establishing a retired status optometrist license; and
providing for an effective date."
1:38:06 PM
KACI SCHROEDER, STAFF, REPRESENTATIVE BILL THOMAS, SPONSOR,
explained that the legislation would create uniform
licensure for Alaskan optometrists. Currently, the state
has three levels of licensure: low, medium, and high. The
Alaska State Board of Optometry would like everyone
licensed at the highest level. Optometry school students
already graduate with credentials to practice at the
highest level and most optometrists in the state have
upgraded themselves to the level as well. The provision
would also allow a person to easily transfer from retired
to active status.
Ms. Schroeder added that optometrists who do not want to
upgrade themselves and are currently licensed at the lower
two levels would be grandfathered in; they would receive a
restricted license to practice optometry at their education
level. She noted that most states have already implemented
similar legislation.
JILL MATHESON, CHAIR, ALASKA STATE BOARD OF OPTOMETRY,
spoke in support of the bill. The board wanted everyone at
the same level to reduce confusion among the public and
other health care providers. She noted that the board had
requested the legislation.
Co-Chair Stoltze recalled that the issue had been
contentious in the past.
Representative Fairclough pointed to page 1, line 12 and
asked how the bill recognizes a school or college. Ms.
Matheson replied that there is technical language in the
bill stipulating that schools must be approved by the
American Optometric Association. She detailed that there
are fifteen qualifying schools in the United States and two
in Canada.
1:43:27 PM
Co-Chair Stoltze addressed the fiscal note.
Vice-Chair Thomas MOVED to report HB 245 out of Committee
with individual recommendations and the accompanying fiscal
note. Co-Chair Stoltze OBJECTED for discussion.
Representative Fairclough asked whether there was a limit
to the number of times a person could retake the exam. Ms.
Matheson answered that the exam referred to was the law
exam for the state regulations and statutes. She did not
recall anyone taking the exam again; it was not specified
in the bill. She presumed that a person could retake the
exam an unlimited amount of times.
Co-Chair Stoltze WITHDREW his OBJECTION. There being NO
further OBJECTION, it was so ordered.
HB 245 was REPORTED out of Committee with a "do pass"
recommendation and with attached new zero note by the
Department of Commerce, Community, and Economic
Development.
1:46:18 PM AT EASE
1:49:20 PM RECONVENED
HOUSE BILL NO. 36
"An Act prohibiting initiatives that are substantially
similar to those that failed within the previous two
years; relating to financial disclosure reporting
dates for persons, groups, and nongroup entities that
expend money in support of or in opposition to
initiatives, initiative information contained in
election pamphlets, initiative petitions, initiative
petition circulators, and public hearings for
initiatives; and requiring a standing committee of the
legislature to consider initiatives scheduled for
appearance on the election ballot."
1:49:30 PM
Co-Chair Stoltze informed the committee that new Amendment
6 would replace Amendment 4, which had been withdrawn in a
previous meeting, and that Amendment 7 would replace
previous Amendment 1.
Representative Doogan MOVED to ADOPT Amendment 6 (26-
LS0197\S.13, Bullard, 3/16/10):
Page 1, line 1:
Delete "and to ballot initiatives"
Insert ", to ballot initiatives, and to
communications made in connection with elections"
Page 2, following line 19:
Insert new bill sections to read:
"*Sec. 4. AS 15.13.090(a) is amended to read:
(a) All communications shall be clearly
identified by the words "paid for by" followed by
the name and address of the person [CANDIDATE,
GROUP, NONGROUP ENTITY, OR INDIVIDUAL] paying for
the communication. In addition,
(1) candidates and groups may identify
the name of the campaign chairperson; and
(2) a person paying for a communication
relating to an initiative shall clearly
(A) if applicable, identify the
person's principal officer and the officer's
title; and
(B) identify the three contributors
that have contributed the largest amounts to the
person in excess of $500, if any, with the words
"top three contributors." [.]
*Sec. 5. AS 15.13.090 is amended by adding new
subsections to read:
(c) The contributors described in (a)(2)(B)
of this section shall be listed in order of the
amount of their contributions, except that those
contributing the same amount shall be listed
alphabetically. In no case shall a person be
required to identify more than three contributors
under (a)(2)(B) of this section.
(d) In this section, "contributors" means
the true source of the funds being contributed to
the person paying for the communication."
Renumber the following bill sections accordingly.
Page 7, line 13:
Delete "This Act applies"
Insert "Sections 1 - 3 and 6 - 16 of this Act
apply"
Co-Chair Hawker OBJECTED.
Representative Doogan explained that Amendment 6 replaced
Amendment 4 and addressed previous problems. Amendment 4
removed provisions (b) and (c), dealing with a statement
from the person approving the communication; both are taken
out of Amendment 6. Amendment 4 also provided more
information. Amendment 6 would make what used to be
subsection (d) into subsection (b) and simplify it to say
that the three contributors that have offered the largest
amounts (in excess of $500) must be put on the record.
Amendment 6 would have the contributors listed
alphabetically if there is a tie among the three.
Representative Doogan argued that the issues are the same;
he was concerned that people who listen to radio and
television ads and get mailings would know who is providing
the material in a "real world" way (as real individuals and
not as a group with a made-up name).
1:53:23 PM
Co-Chair Hawker MAINTAINED his OBJECTION. He believed the
issue was complex, and that the amendment deviated from the
core purpose of the original bill. He referred to separate
bills making their way through the House and the Senate
that specifically address the larger issues surrounding the
ballot initiatives communications.
Co-Chair Stoltze asked what would happen if an individual
contributed money later in the process, when the print
materials were already done. Representative Doogan
responded that a campaign would have to comply with the
law, including changing printed material.
Co-Chair Hawker maintained that the amendment mandates use
of the words "top three contributors." He could think of
circumstances applying to both an initiative and opposition
to an initiative where there are not three contributors. He
was concerned with the technical problems.
REPRESENTATIVE KYLE JOHANSEN, SPONSOR, agreed with the
concept in the amendment but questioned the timing. He had
concerns about practical matters and did not think the
amendment was ready to go into the legislation. He
supported working with a sponsor's amendment to put it in
later or into another bill.
Representative Doogan did not believe there would be
opportunity to incorporate the concept in the House version
of the bill. He believed the amendment was better than none
at all. He wanted the information to be available to
voters. He was confident that the Senate could refine the
language as needed.
1:58:27 PM
Representative Joule believed that the sponsor wanted the
concept to mature and perhaps be applied in the Rules
Committee or on the floor.
Co-Chair Stoltze agreed. He wanted to promote good will and
openness.
Vice-Chair Thomas agreed as well. He was not concerned
about what the Senate would do. He did not support
Amendment 6 but would support the sponsor working further
on the bill during the process.
Representative Austerman wanted to see Amendment 6
incorporated into the legislation but had questions about
how the technicalities would work for the initiative
process. He did not support the amendment.
Representative Doogan WITHDREW Amendment 6, commenting that
he did not want to hold the bill up. He hoped to work with
the sponsor to incorporate the concept into the
legislation. He stated that he did not have a hidden
agenda.
Co-Chair Hawker WITHDREW his OBJECTION.
2:02:56 PM
Co-Chair Stoltze MOVED to ADOPT Amendment 7 (26-
LS0197\S.12, Bullard, 3/16/10):
Page 2, following line 6:
Insert a new bill section to read:
"Sec. 3. AS 15.13.050 is amended by adding a new
subsection to read:
(c) If a group intends to make more than 50
percent of its contributions or expenditures in
support of or opposition to a single initiative
on the ballot, the title or common name of the
initiative must be a part of the name of the
group. If the group intends to make more than 50
percent of its contributions or expenditures in
opposition to a single initiative on the ballot,
the group's name must clearly state that the
group opposes that initiative by using a word
such as "opposes," "opposing," "in opposition
to," or "against" in the group's name."
Renumber the following bill sections accordingly.
Co-Chair Hawker OBJECTED for discussion.
Representative Johansen commented that the amendment had
been worked on by staff in response to a concern of
Representative Gara.
SONIA CHRISTENSEN, STAFF, REPRESENTATIVE JOHANSEN,
explained that the amendment echoed the sentiments of
Amendment 1, but addressed the issue of the word "only."
There had been concern that the word could create a
loophole allowing a group to spend 95 percent of its money
on an initiative and 5 percent on something else in order
to avoid using the title of the initiative in its name. She
noted that Amendment 7 specifies that a group has to have
the ballot measure in its title if it uses 50 percent or
more of its funds towards a ballot measure.
Co-Chair Hawker WITHDREW his OBJECTION. There being NO
further OBJECTION, Amendment 7 was ADOPTED.
Representative Johansen acknowledged the work of
Representative Gara and his staff on the amendment.
2:06:00 PM
Co-Chair Stoltze MOVED to ADOPT Amendment 2 (26-LS0197\S.1,
Bullard, 1/25/10) (copy on file), previously offered and
temporarily withdrawn:
Page 1, line 1, following "initiatives":
Insert "and those who file or organize in order
to file them"
Page 4, following line 30:
Insert a new bill section to read:
"*Sec. 8. 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 than 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 contributes more than 50
percent of its money 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; and
(C) any combination of two or more
individuals acting jointly who organize for the
principal purpose of filing an initiative
proposal application under AS 15.45.020 or who
file an initiative proposal application under AS
15.45.020;"
Renumber the following bill sections accordingly.
Co-Chair Hawker OBJECTED for discussion.
ANNETTE KREITZER, COMMISSIONER, DEPARTMENT OF
ADMINISTRATION, explained that Representative Johansen's
staff had asked the executive director of the Alaska Public
Offices Commission (APOC) to look at the bill. The
amendments were the result of finding things that needed to
be addressed. She stated that the amendments had her
support.
Commissioner Kreitzer detailed that Amendment 2 would amend
the title to insert additional words. She reported that the
amendment was needed because the word "group" is not
defined in a way to include any combination of two or more
individuals acting jointly to organize to file the
application (page 1, lines 6 to 9).
Representative Johansen stated that he supported the
amendment.
Representative Fairclough referred to previous conversation
about the amendment and asked for clarification regarding
the 50 percent figure on page 2.
HOLLY HILL, EXECUTIVE DIRECTOR, ALASKA PUBLIC OFFICES
COMMISSION, DEPARTMENT OF ADMINISTRATION (via
teleconference), explained that the amendment would
incorporate the same definition already included for group
in AS 15.13.400(8).
Representative Fairclough referred to previous remarks
about the number 33 percent. Ms. Christensen replied that
the statute referenced with 33 percent was AS 15.13.050,
dealing with groups that had to register with APOC before
spending money. A group has to have a name before
registering. A candidate intending to spend more than 33.3
percent must have the candidate's name in the title; this
was behind the original idea for Amendment 7. She added
that one has to do with the definition of a group and the
other has to do with the name of the group.
Representative Fairclough asked whether the sponsor was
comfortable with the 50 percent rather than the 33 percent
threshold. Representative Johansen replied that both are in
existing statute and there was no attempt to change either.
2:11:08 PM
Co-Chair Stoltze wanted to clarify cautious language to
make sure the intent was clear. He wanted the amendment
done the way the administration wanted it done.
Commissioner Kreitzer answered in the affirmative.
Co-Chair Hawker WITHDREW his OBJECTION. There being no
further objection, Amendment 2 was ADOPTED.
2:12:20 PM
Co-Chair Stoltze MOVED to ADOPT previously withdrawn
Amendment 3 (26-LS0197\S.9, Bullard, 3/15/10):
Page 1, line 1:
Delete "and to ballot initiatives"
Insert ", to ballot initiatives and referenda, to
issues placed on the ballot to determine whether a
constitutional convention shall be called, a debt
shall be contracted, an advisory question shall be
approved or rejected, or a municipality shall be
incorporated, and to constitutional amendments
submitted to the public for a vote"
Page 2, line 9, following "15.13.060":
Insert "15.13.074(b),"
Page 7, line 13, following "APPLICABILITY":
Insert "(a)"
Page 7, following line 15:
Insert a new subsection to read:
"(b) This Act applies only to a ballot proposition,
as that term is defined in AS 15.13.065(c), but
excluding an initiative covered under (a) of this
section, placed on the ballot after the first
statewide election on or after the effective date of
this Act."
Co-Chair Hawker OBJECTED for discussion.
Commissioner Kreitzer explained that Amendment 3 addressed
previous concerns about anonymous contributions (AS
15.13.074(b)). She directed attention to page 2, lines 13
to 17 of the bill, which would be applied to constitutional
conventions; an anonymous contribution could not be made
for any of the reasons listed. She noted the need for a
reference in the title.
Representative Gara requested an explanation of the last
three lines (16 through 18) of the amendment, saying the
act applies only to subsection (c) ballot propositions but
not subsection (a) ballot propositions.
ALPHEUS BULLARD, ATTORNEY, LEGISLATIVE LEGAL AND RESEARCH
SERVICES, LEGISLATIVE AFFAIRS AGENCY (via teleconference),
summarized that the question was about why the
applicability section at the end of the bill was modified
by the amendment.
Representative Gara queried the substance and effect of the
bottom three lines. Mr. Bullard replied that before the
addition of Amendment 3, the bill spoke to ballot
initiatives and ballot initiative proposal applications.
The existing applicability section on page 7 of the bill
speaks to ballot initiatives and ballot initiative
applications. The amendment would work to prohibit
anonymous contributions to ballot propositions, which is
broader than just initiatives; how the bill would work in
reference to ballot propositions needed to be provided.
2:16:05 PM
Representative Gara summarized that the first sentence on
line 16 says that the bill would apply to a ballot
proposition as the term is defined in AS 15.13.065(c) but
does not apply to an initiative covered under subsection
(a). He expressed confusion. Commissioner Kreitzer
explained that (a) is the applicability section that
applied to the bill prior to the amendment; it is still
necessary. Subsection (b) deals with the situation again on
page 2, addressing other issues included under the
definition of ballot proposition. She stated that there
must be an additional and separate applicability section
dealing with that.
Representative Gara referred to the last page of the bill
under the applicability section. He thought that without
the amendment, lines 13 to 15 say the act applies to
initiatives. He thought the amendment would turn the
applicability section in the bill into subsection (a),
saying the act only applies to initiatives. Further,
subsection (b) says the act excludes initiative coming
under (a). He expressed confusion.
Representative Johansen reported that he was less excited
about Amendment 3 because it is difficult to understand. In
addition, he was uncomfortable that the amendment would
open up the title.
Commissioner Kreitzer believed subsection (b) of the
amendment was written as it was because there is no
guarantee that a committee would adopt the amendment. She
thought there could be better language. She stated that the
intent was to say that going forward, this is what would
happen to the changes in the bill.
Co-Chair Hawker WITHDREW his OBJECTION.
Co-Chair Stoltze WITHDREW Amendment 3.
Commissioner Kreitzer explained the new fiscal note for
$60,200 by APOC in the Department of Administration. She
was convinced that the amount was needed. She reported that
APOC has had an enormous amount of work in the past two or
three years. She commended the new director, Holly Hill in
reclassifying positions and increasing efficiency. Efforts
had been made to automate the business processes of APOC.
2:21:46 PM
Co-Chair Stoltze commented that the area of lawmaking was
unregulated and wide open; he believed there would be costs
for public awareness and disclosure. He supported the
number in the fiscal note.
Representative Gara pointed to Section 15 of the bill and
questioned whether the bill would apply in the upcoming
election. He believed the amendment that was withdrawn
intended to make the bill apply to the election.
Co-Chair Stoltze believed there was consistency with other
similar legislation.
Representative Johansen added that he did not want to
disrupt current practices that conform to current rules,
though he did not support the current rules.
2:25:23 PM
Co-Chair Hawker MOVED to report HB 36 out of Committee with
individual recommendations and the accompanying fiscal
note. There being NO OBJECTION, it was so ordered.
CSSS HB 36(FIN) was REPORTED out of Committee with a "do
pass" recommendation and with attached new fiscal note by
the Department of Administration and two new zero notes by
the Office of the Governor.
ADJOURNMENT
The meeting was adjourned at 2:27 PM.
| Document Name | Date/Time | Subjects |
|---|---|---|
| HB245 Board of Op Examiners Annual Report[1].pdf |
HFIN 3/16/2010 1:30:00 PM |
HB 245 |
| HB245 Highest Level Req for Licensure Survey of States Jan2010[1].pdf |
HFIN 3/16/2010 1:30:00 PM |
HB 245 |
| HB245 Letter D Halverson 2-22-10[1].pdf |
HFIN 3/16/2010 1:30:00 PM |
HB 245 |
| HB245 Sectional Analysis ver A[1].pdf |
HFIN 3/16/2010 1:30:00 PM |
HB 245 |
| HB245 Sponsor Statement ver A[1].pdf |
HFIN 3/16/2010 1:30:00 PM |
HB 245 |
| HB 36 Municipal League Letter.pdf |
HFIN 3/16/2010 1:30:00 PM |
HB 36 |
| HB 36 Amendment #6 Doogan.pdf |
HFIN 3/16/2010 1:30:00 PM |
HB 36 |
| HB 36 Amendment #7 Stoltze.pdf |
HFIN 3/16/2010 1:30:00 PM |