Legislature(2021 - 2022)ADAMS 519

05/13/2021 09:00 AM FINANCE

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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+= HB 157 APOC; REPORT REFERENDA/RECALL CONTRIBUTOR TELECONFERENCED
Moved CSHB 157(FIN) Out of Committee
-- Public Testimony --
+ Bills Previously Heard/Scheduled TELECONFERENCED
+= HB 85 FINANCIAL INSTITUTIONS; LIABILITY TELECONFERENCED
Moved CSHB 85(L&C) Out of Committee
                  HOUSE FINANCE COMMITTEE                                                                                       
                       May 13, 2021                                                                                             
                         9:06 a.m.                                                                                              
                                                                                                                                
                                                                                                                                
9:06:36 AM                                                                                                                    
                                                                                                                                
CALL TO ORDER                                                                                                                 
                                                                                                                                
Co-Chair Merrick called the House Finance Committee meeting                                                                     
to order at 9:06 a.m.                                                                                                           
                                                                                                                                
MEMBERS PRESENT                                                                                                               
                                                                                                                                
Representative Neal Foster, Co-Chair                                                                                            
Representative Kelly Merrick, Co-Chair                                                                                          
Representative Dan Ortiz, Vice-Chair                                                                                            
Representative Ben Carpenter                                                                                                    
Representative DeLena Johnson                                                                                                   
Representative Andy Josephson                                                                                                   
Representative Bart LeBon                                                                                                       
Representative Sara Rasmussen                                                                                                   
Representative Steve Thompson                                                                                                   
Representative Adam Wool                                                                                                        
                                                                                                                                
MEMBERS ABSENT                                                                                                                
                                                                                                                                
Representative Bryce Edgmon                                                                                                     
                                                                                                                                
PRESENT VIA TELECONFERENCE                                                                                                    
                                                                                                                                
Heather Hebdon, Executive Director, Alaska Public Offices                                                                       
Commission, Anchorage                                                                                                           
                                                                                                                                
SUMMARY                                                                                                                       
                                                                                                                                
HB  85    FINANCIAL INSTITUTIONS; LIABILITY                                                                                     
                                                                                                                                
          CSHB 85(L&C) was REPORTED out  of committee with a                                                                    
          "do  pass" recommendation  and with  one new  zero                                                                    
          fiscal note  from the Department  of Environmental                                                                    
          Conservation  and  two previously  published  zero                                                                    
          fiscal notes: FN1 (CED) and FN2 (CED).                                                                                
                                                                                                                                
HB 157    APOC; REPORT REFERENDA/RECALL CONTRIBUTOR                                                                             
                                                                                                                                
          CSHB 157(FIN)  was REPORTED out of  committee with                                                                    
          four  "do  pass"   recommendations  and  five  "no                                                                    
          recommendation"   recommendations  and   with  one                                                                    
          previously  published  fiscal   impact  note:  FN1                                                                    
          (ADM).                                                                                                                
                                                                                                                                
Co-Chair Merrick reviewed the meeting agenda.                                                                                   
                                                                                                                                
HOUSE BILL NO. 157                                                                                                            
                                                                                                                                
     "An  Act requiring  the disclosure  of the  identity of                                                                    
     certain  persons, groups,  and  nongroup entities  that                                                                    
     expend  money in  support  of or  in  opposition to  an                                                                    
     application  filed for  a  state  referendum or  recall                                                                    
     election; and providing for an effective date."                                                                            
                                                                                                                                
9:07:12 AM                                                                                                                    
                                                                                                                                
Co-Chair Merrick OPENED and CLOSED public testimony.                                                                            
                                                                                                                                
9:07:23 AM                                                                                                                    
                                                                                                                                
Co-Chair  Merrick relayed  that amendments  to the  bill had                                                                    
been  due  to her  office  on  May  5. The  committee  would                                                                    
address two amendments.                                                                                                         
                                                                                                                                
Representative  Rasmussen MOVED  to ADOPT  Amendment 1,  32-                                                                    
LS0669\A.3  (Lemons/Bullard, 5/5/21)  (copy on  file) [note:                                                                    
due  to the  length  of  the amendment  it  is not  included                                                                    
here].                                                                                                                          
                                                                                                                                
Representative Wool OBJECTED for discussion.                                                                                    
                                                                                                                                
Representative  Rasmussen explained  the amendment  included                                                                    
cleanup  language   to  allow  the  Alaska   Public  Offices                                                                    
Commission  (APOC) to  run more  efficiently  and find  cost                                                                    
savings. She  stated that the  amendment did not  modify any                                                                    
of the  existing language in  the bill. The  amendment would                                                                    
remove a  requirement for  an APOC office  to be  located in                                                                    
each  Senate  district.  Additionally, the  amendment  would                                                                    
remove   the   word   "all"  from   the   phrase   "examine,                                                                    
investigate,  and  compare  [ALL] reports,  statements,  and                                                                    
actions  required  by this  chapter"  [Section  3(7) of  the                                                                    
bill].  The  amendment   clarified  that  contributions  and                                                                    
expenditures were in  a calendar year instead  of being left                                                                    
open-ended.                                                                                                                     
                                                                                                                                
Representative Rasmussen  explained that the  amendment made                                                                    
requests  for  advisory opinions  to  be  returned in  seven                                                                    
business days  instead of seven  calendar days,  giving APOC                                                                    
personnel more  time to work through  reports. The amendment                                                                    
would  provide for  publication of  reports and  archival of                                                                    
the statements and reports to  be posted on the APOC website                                                                    
as well  copies to be  available at the central  office. The                                                                    
amendment   would    repeal   the    duplicative   reporting                                                                    
requirements with  respect to ballot initiative  groups. She                                                                    
noted that the same language  was located in AS 15.13.040(k)                                                                    
and  AS 15.13.110(g).  She  highlighted  that the  executive                                                                    
director from APOC was available for any questions.                                                                             
                                                                                                                                
Vice-Chair Ortiz  referenced the amendment's removal  of the                                                                    
requirement  for APOC  to  have  an office  in  each of  the                                                                    
Senate districts. He  asked if APOC currently  had an office                                                                    
in each Senate district.                                                                                                        
                                                                                                                                
Representative  Rasmussen  replied   in  the  negative.  She                                                                    
clarified that  the amendment  language provided  cleanup to                                                                    
enable the state to comply with statute.                                                                                        
                                                                                                                                
Vice-Chair Ortiz asked how many APOC offices there were.                                                                        
                                                                                                                                
Representative Rasmussen deferred the question to APOC.                                                                         
                                                                                                                                
HEATHER  HEBDON, EXECUTIVE  DIRECTOR, ALASKA  PUBLIC OFFICES                                                                    
COMMISSION,  ANCHORAGE (via  teleconference), answered  that                                                                    
APOC currently had a small  satellite office in Juneau and a                                                                    
primary office in Anchorage.                                                                                                    
                                                                                                                                
Vice-Chair  Ortiz asked  for verification  that the  current                                                                    
office locations had been in place for a number of years.                                                                       
                                                                                                                                
Ms. Hebdon answered  in the affirmative. She  added that she                                                                    
did not  know the specific length  of time, but it  had been                                                                    
quite some time.                                                                                                                
                                                                                                                                
9:10:58 AM                                                                                                                    
                                                                                                                                
Representative  Wool remarked  that the  amendment specified                                                                    
APOC  would establish  a  central office.  He  asked if  the                                                                    
amendment  would close  the Juneau  office and  result in  a                                                                    
loss of positions and functionality.                                                                                            
                                                                                                                                
Ms. Hebdon replied that APOC  did not anticipate closing the                                                                    
Juneau office or a loss in positions.                                                                                           
                                                                                                                                
Representative Wool  referenced the amendment  language that                                                                    
"the commission shall establish  a central office." He asked                                                                    
how Ms. Hebdon interpreted the language.                                                                                        
                                                                                                                                
Ms. Hebdon  answered that APOC would  interpret the language                                                                    
to mean  the central  office was  in located  Anchorage. The                                                                    
commission  did  not interpret  the  language  to mean  APOC                                                                    
would be limited to a single location.                                                                                          
                                                                                                                                
Representative Rasmussen asked for  support on the amendment                                                                    
that  had been  brought by  members of  the House  Judiciary                                                                    
Committee after the Judiciary referral had been waived.                                                                         
                                                                                                                                
Representative Wool WITHDREW his OBJECTION.                                                                                     
                                                                                                                                
There being NO further OBJECTION, Amendment 1 was ADOPTED.                                                                      
                                                                                                                                
9:12:34 AM                                                                                                                    
                                                                                                                                
Representative  Josephson MOVED  to ADOPT  Amendment 2,  32-                                                                    
LS0669\A.6 (Klein/Bullard, 5/6/21) (copy on file):                                                                              
                                                                                                                                
     Page 1, line 3, following "election;":                                                                                     
     Insert  "relating  to  contribution limits  and  recall                                                                    
     campaigns;"                                                                                                                
                                                                                                                                
     Page 2, lines 11 - 25 :                                                                                                    
     Delete all material and insert:                                                                                            
     "* Sec. 3. AS 15.13.065(c) is amended to read:                                                                             
      (c) Except  for reports required  by AS  15.13.040 and                                                                    
     15.13.110  and  except  for   the  requirements  of  AS                                                                    
     15.13.050,  15.13.060, and  15.13.112 -  15.13.114, the                                                                    
     provisions of AS 15.13.010 -  15.13.116 do not apply to                                                                    
     limit the  authority of a person  to make contributions                                                                    
     to influence  the outcome of  a ballot  proposition. In                                                                    
     this  subsection, [IN  ADDITION  TO ITS  MEANING IN  AS                                                                    
     15.80.010,] "proposition"                                                                                                  
          (1) includes, in addition to its meaning in AS                                                                        
               15.80.010,                                                                                                       
          (A)[(1)] an issue placed on a ballot to                                                                               
               determine whether                                                                                                
                    (i)[(A)] a constitutional convention                                                                        
                    shall be called;                                                                                            
                    (ii)[(B)] a debt shall be contracted;                                                                       
                    (iii) [(C)] an advisory question shall                                                                      
                    be approved or rejected; or                                                                                 
            (iv) ((D)] a municipality shall be                                                                                  
                    incorporated;                                                                                               
               (B)[(2)] an initiative proposal application                                                                      
               filed [WITH THE LIEUTENANT GOVERNOR] under                                                                       
               AS 15.45.020; and                                                                                                
               (C) a referendum application filed under AS                                                                      
               15.45.260;                                                                                                       
          (2) does not include a recall application filed                                                                       
          under AS 15.45.480 or a recall question."                                                                             
                                                                                                                                
Co-Chair Merrick OBJECTED for discussion.                                                                                       
                                                                                                                                
Representative Josephson relayed that  he was very likely to                                                                    
vote for the legislation on  the House floor and believed HB
157  was  a  good  bill. He  explained  that  the  amendment                                                                    
addressed an  issue flagged by  his staff. He  detailed that                                                                    
Alaska  had  a $500  limit  on  individual contributions  to                                                                    
campaigns. He highlighted that there  had been litigation on                                                                    
the issue  in the 2017  to 2018 timeframe. He  referenced an                                                                    
article  titled "Judges  open  door  wider for  out-of-state                                                                    
money  in Alaska  elections" (published  by James  Brooks in                                                                    
the  Anchorage   Daily  News  on  November   27,  2018).  He                                                                    
clarified  that  judges had  affirmed  the  $500 per  person                                                                    
limit on regular campaigns.                                                                                                     
                                                                                                                                
Representative Josephson stated that  one concern flagged in                                                                    
the bill was  that the $500 limit would not  apply to recall                                                                    
applications, meaning  that a  well-funded person  from out-                                                                    
of-state could  decide to come  after someone. He  stated in                                                                    
defense of the  governor and an assemblyman  in his district                                                                    
that recall was a new  budding frontier of troublemaking. He                                                                    
believed some  of the four allegations  against the governor                                                                    
were dubious, while he believed  one was not. He shared that                                                                    
the assemblyman had been forced  to recall because as chair,                                                                    
there had  been 17  people in the  assembly hall  instead of                                                                    
the allowed 15. He added that  the assembly hall was a large                                                                    
room, but it had been seen  as a violation of law sufficient                                                                    
to cause a recall campaign.                                                                                                     
                                                                                                                                
Representative  Josephson   pointed  lines  22  and   23  of                                                                    
Amendment  2.  He explained  that  spending  limits did  not                                                                    
apply  to  propositions  because  propositions  were  ideas,                                                                    
while  recalls  were  people. He  believed  consistent  with                                                                    
Citizen's  United   it  was   acceptable  to   limit  direct                                                                    
donations  involving  people  from  individuals.  Currently,                                                                    
there  was  a  $500  limit on  individual  contributions  to                                                                    
campaigns. He  clarified that the amendment  would implement                                                                    
the  same $500  limit  on recall  campaigns  at a  signature                                                                    
stage.                                                                                                                          
                                                                                                                                
9:15:50 AM                                                                                                                    
                                                                                                                                
Co-Chair Merrick WITHDREW her OBJECTION.                                                                                        
                                                                                                                                
There being NO OBJECTION, Amendment 2 was ADOPTED.                                                                              
                                                                                                                                
Co-Chair  Foster  MOVED  to  REPORT  CSHB  157(FIN)  out  of                                                                    
committee   with   individual    recommendations   and   the                                                                    
accompanying fiscal  note. There being NO  OBJECTION, it was                                                                    
so ordered.                                                                                                                     
                                                                                                                                
CSHB 157(FIN)  was REPORTED out  of committee with  four "do                                                                    
pass"   recommendations   and   five   "no   recommendation"                                                                    
recommendations  and with  one  previously published  fiscal                                                                    
impact note: FN1 (ADM).                                                                                                         
                                                                                                                                
9:16:33 AM                                                                                                                    
AT EASE                                                                                                                         
                                                                                                                                
9:22:40 AM                                                                                                                    
RECONVENED                                                                                                                      
                                                                                                                                
HOUSE BILL NO. 85                                                                                                             
                                                                                                                                
     "An Act  relating to the Alaska  Banking Code; relating                                                                    
     to mutual  savings banks; relating to  interstate state                                                                    
     banks   and  international   banks;  relating   to  the                                                                    
     pledging  of  bank  assets as  collateral  security  to                                                                    
     tribal organizations; relating to  the pledging of bank                                                                    
     assets for interest swap  agreements; relating to state                                                                    
     business licenses;  relating to persons who  make loans                                                                    
     secured   by  interests   in  vessels   or  facilities;                                                                    
     relating  to liability  for the  release or  threatened                                                                    
     release of hazardous substances;  relating to the Model                                                                    
     Foreign Bank  Loan Act; and providing  for an effective                                                                    
     date."                                                                                                                     
                                                                                                                                
9:22:44 AM                                                                                                                    
                                                                                                                                
Representative  LeBon  summarized  the bill  with  the  word                                                                    
"parity." He explained that a  bank could seek a national or                                                                    
state  charter.  He  elaborated  that  the  Alaska  Banker's                                                                    
Association,  comprised of  the seven  banks (some  national                                                                    
charter and some  state charter) were all in  support of the                                                                    
bill. Additionally,  the Alaska Division of  Banking and the                                                                    
Department  of  Environmental   Conservation  supported  the                                                                    
legislation. He urged committee approval.                                                                                       
                                                                                                                                
Co-Chair  Foster  MOVED  to  REPORT   CSHB  85(L&C)  out  of                                                                    
committee   with   individual    recommendations   and   the                                                                    
accompanying fiscal notes. There  being NO OBJECTION, it was                                                                    
so ordered.                                                                                                                     
                                                                                                                                
CSHB 85(L&C) was REPORTED out  of committee with a "do pass"                                                                    
recommendation and  with one new  zero fiscal note  from the                                                                    
Department of Environmental  Conservation and two previously                                                                    
published zero fiscal notes: FN1 (CED) and FN2 (CED).                                                                           
                                                                                                                                
Co-Chair  Merrick reviewed  the schedule  for the  following                                                                    
meeting.                                                                                                                        
                                                                                                                                
ADJOURNMENT                                                                                                                   
                                                                                                                                
9:24:20 AM                                                                                                                    
                                                                                                                                
The meeting was adjourned at 9:24 a.m.                                                                                          
                                                                                                                                
                                                                                                                                

Document Name Date/Time Subjects
HB 157 Amendments 1-2 051221.pdf HFIN 5/13/2021 9:00:00 AM
HB 157