02/04/2008 04:30 PM House RULES
| Audio | Topic |
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| Start | |
| HB305 | |
| Adjourn |
+ teleconferenced
= bill was previously heard/scheduled
| HB 305 | |||
ALASKA STATE LEGISLATURE
HOUSE RULES STANDING COMMITTEE
February 4, 2008
4:33 p.m.
MEMBERS PRESENT
Representative John Coghill, Chair
Representative John Harris
Representative Anna Fairclough
Representative Craig Johnson
Representative Ralph Samuels
Representative Beth Kerttula
Representative David Guttenberg
MEMBERS ABSENT
All members present
OTHER LEGISLATORS PRESENT
Representative Andrea Doll
COMMITTEE CALENDAR
HOUSE BILL NO. 305
"An Act relating to campaign fund raising by a legislator,
legislative employee, or candidate for election to the
legislature during a regular or special legislative session."
- MOVED CSHB 305(RLS) OUT OF COMMITTEE
PREVIOUS COMMITTEE ACTION
BILL: HB 305
SHORT TITLE: CAMPAIGN FUND RAISING DURING SESSIONS
SPONSOR(s): REPRESENTATIVE(s) MEYER
01/11/08 (H) PREFILE RELEASED 1/11/08
01/15/08 (H) READ THE FIRST TIME - REFERRALS
01/15/08 (H) STA
01/22/08 (H) STA AT 8:00 AM CAPITOL 106
01/22/08 (H) Moved CSHB 305(STA) Out of Committee
01/22/08 (H) MINUTE(STA)
01/23/08 (H) STA RPT CS(STA) NT 4DP 2NR
01/23/08 (H) DP: JOHNSON, JOHANSEN, ROSES, LYNN
01/23/08 (H) NR: COGHILL, DOLL
02/04/08 (H) RLS AT 4:30 PM CAPITOL 106
WITNESS REGISTER
REPRESENTATIVE KEVIN MEYER
Alaska State Legislature
Juneau, Alaska
POSITION STATEMENT: Spoke as the sponsor of HB 305.
MIKE PAWLOWSKI, Staff
Representative Kevin Meyer
Alaska State Legislature
Juneau, Alaska
POSITION STATEMENT: During hearing of HB 305, answered
questions on behalf of the sponsor, Representative Meyer.
ACTION NARRATIVE
CHAIR JOHN COGHILL called the House Rules Standing Committee
meeting to order at 4:33:44 PM. Representatives Coghill,
Harris, Johnson, Samuels, Kerttula, and Guttenberg were present
at the call to order. Representative Fairclough arrived as the
meeting was in progress. Also in attendance was Representative
Doll.
HB 305-CAMPAIGN FUND RAISING DURING SESSIONS
4:34:10 PM
CHAIR COGHILL announced that the only order of business would be
HOUSE BILL NO. 305, "An Act relating to campaign fund raising by
a legislator, legislative employee, or candidate for election to
the legislature during a regular or special legislative
session." [Before the committee was CSHB 305(STA).]
4:34:27 PM
REPRESENTATIVE KEVIN MEYER, Alaska State Legislature, explained
that he introduced HB 305 to separate fund raising activities
from legislative duties. Currently, legislators are prohibited
from raising funds for state office while the legislature is in
session. However, a legislator can raise campaign funds for a
local or federal race. Representative Meyer characterized HB
305 as common sense because the prohibition against raising
campaign funds should apply no matter for which office a
legislator is running. Therefore, HB 305 merely extends the
current law to prohibit legislators from raising campaign funds
for local or federal office.
4:35:59 PM
CHAIR COGHILL announced that he decided to have a House Rules
Standing Committee meeting due to a forthcoming amendment and
the federal issue. He relayed that the sponsor has indicated
that he believes the matter is worthy of a challenge.
4:37:17 PM
REPRESENTATIVE MEYER, in response to Representative Samuels,
clarified that a legislator wouldn't be able to raise campaign
funds for federal, local, or state office.
4:38:03 PM
MIKE PAWLOWSKI, Staff, Representative Kevin Meyer, Alaska State
Legislature, directed attention to page 3, which refers to the
exception during 90 days preceding an election. He explained
that so long as the legislative employee is raising funds for
himself/herself, he/she is allowed to raise funds within 90 days
of the election. However, there was an amendment in the House
State Affairs Standing Committee regarding raising money on
behalf of other candidates for which the 90-day exception
doesn't apply.
4:38:46 PM
REPRESENTATIVE SAMUELS posed a situation in which he were to run
for mayor of the Municipality of Anchorage which holds its
elections in April. He surmised that he could raise funds for
that campaign if it were 90 days prior to the election,
regardless of whether it's for federal or local office.
REPRESENTATIVE MEYER replied yes, so long as it's 90 days prior
to the election.
REPRESENTATIVE SAMUELS directed attention to the language [on
page 2, line 29, which says "in the capital city"]. He then
related his understanding that [a legislator from Juneau]
couldn't raise campaign funds to run for a local office such as
the mayor of the City & Borough of Juneau because that
legislator is located in the capital city.
REPRESENTATIVE KERTTULA noted her agreement.
4:39:47 PM
REPRESENTATIVE JOHNSON pointed out that [a legislative employee]
also can't raise funds for a ballot proposition.
REPRESENTATIVE MEYER replied yes.
4:40:19 PM
CHAIR COGHILL moved that the committee adopt Amendment 1,
labeled 25-LS1226\K.1, Bullard, 1/24/08, which read:
Page 1, line 2:
Delete "by a candidate for election to the
legislature, a legislator, or a legislative employee"
Page 1, line 5, through page 2, line 12:
Delete all material.
Page 2, line 13:
Delete "Sec. 2. AS 15.13.074 is amended by adding
a new subsection"
Insert "Section 1. AS 15.13.072(d) is repealed
and reenacted"
Renumber the following bill sections accordingly.
Page 2, line 14:
Delete "(j)"
Insert "(d)"
Page 2, line 15, following "legislator":
Insert "or legislative employee"
Page 2, line 17:
Following "candidate":
Insert "and the contribution is for that legislator's
or legislative employee's campaign"
REPRESENTATIVES JOHNSON objected.
4:40:44 PM
MR. PAWLOWSKI related his understanding that the title change is
necessary due to redundancy created by an amendment in the House
State Affairs Standing Committee. He then turned to the repeal
and reenactment of subsection (j). He recalled that there was
concern that subsection (d) conflicted with subsection (j) in
Section 2, which only applied to a legislator. Since subsection
(j) is in the expenditure section of the fund raising statute
and subsection (d) is in the solicitation section, it made sense
to make the prohibition blanket and to include a legislative
employee as well in subsection (j) and reletter accordingly.
Mr. Pawlowski highlighted the importance of the change on page
2, line 17, which specifies that the contribution is for the
particular office.
4:44:15 PM
REPRESENTATIVE SAMUELS related his understanding that the
philosophy behind the legislation hasn't changed; this
[amendment] is merely cleanup.
4:44:52 PM
REPRESENTATIVE JOHNSON withdrew his objection.
There being no further objection, Amendment 1 was adopted.
4:45:03 PM
REPRESENTATIVE GUTTENBERG expressed concern with the sponsor's
willingness to challenge the federal restrictions on federal
office. He pointed out that on one hand the [legislation] seems
to tell the federal government that the state doesn't want it
involved in its business, however the state is inserting itself
into municipal elections. Representative Guttenberg opined that
for him it's about a level playing field. He highlighted that a
legislative employee wouldn't have the same advantages as an
incumbent would have. The challenger has such an uphill climb
in an election against an incumbent and this legislation creates
further restrictions on that process, both in a situation in
which a [legislator or legislative employee] seeks a federal
office and an employee against an incumbent in a municipal
election.
4:46:54 PM
REPRESENTATIVE MEYER opined that the ethics portion of this
legislation is the most important aspect of HB 327. "We just
need to keep the money out of the capital city while we're in
session," he opined. In response to Representative Guttenberg's
concerns he reminded the committee that a candidate can raise
funds 90 days prior to the election. Representative Meyer
viewed this legislation as specifying what legislators can and
can't do, as it relates to raising campaign funds. This law, as
it pertains to legislators, already exists and this legislation
merely expands it to refer to all elections.
REPRESENTATIVE MEYER acknowledged the concern that the state
doesn't have the jurisdiction to limit an individual from
raising funds for federal office. However, a couple of states
have challenged the aforementioned and won. He noted that three
states have a law similar to what's before the committee.
Representative Meyer opined that this matter is important enough
that it should be in place until someone challenges it and wins.
4:48:45 PM
REPRESENTATIVE GUTTENBERG stated that the larger purpose is to
reach a level playing field. He mentioned that to be
competitive in a Congressional race one has to raise, on
average, $10,000 a day.
4:49:46 PM
REPRESENTATIVE SAMUELS pointed out that a legislator could
resign from his/her seat to run for a Congressional office. He
further pointed out that one would have to question why someone
would be willing to give a legislator money when he/she is a
legislator and running for a Congressional office, but not
willing to do so when the legislator isn't a legislator and is
running for a Congressional office.
4:50:18 PM
REPRESENTATIVE HARRIS emphasized that incumbency has both
positive and negative aspects. He opined that usually
incumbents win because people aren't totally dissatisfied with
the job the incumbent is doing. Furthermore, when a sitting
legislator decides to run for a different office, that sitting
legislator has to calculate whether he/she can win based on the
job the person in the office is doing. Representative Harris
highlighted that although legislators can't raise money during
session, challengers can raise money any time outside of the
capital city. The aforementioned is perfectly legitimate
because it's too easy to be influenced while in session. Those
running not in a legislative seat aren't influenced because they
can't make any decisions. Representative Harris then stressed
that anyone who wants to run for U.S. Congress should resign
his/her legislative seat and run. "Don't use the power of the
seat that you're supposed to be spending your time doing to
raise money, because that's basically what you're doing. You
don't know that people aren't giving you money for the seat
you're holding," he opined. He stressed the importance of HB
327 as well as the importance of the matter going all the way to
the Supreme Court, if necessary.
4:53:47 PM
REPRESENTATIVE KERTTULA [moved that the committee adopt
Conceptual Amendment 2, labeled 25-LS1226\K.4, Bullard, 2/4/08,
which read, with handwritten changes]:
Page 2, line 1:
Delete "a regular or"
Page 2, line 11:
Delete "regular or"
Page 2, line 21:
Delete "a regular or"
Page 2, lines 29 - 30:
Delete "regular or"
Page 3, line 9:
Delete "regular or"
Page 3, line 26:
Delete "regular or"
Page 4, line 6:
Delete "regular or"
Page 4, line 13:
Delete "regular or"
REPRESENTATIVE KERTTULA explained that current law doesn't allow
a regular session to occur outside of the capital city.
Although there is legislation [HB 293] addressing the
aforementioned, it's pending and thus the amendment is to remove
the language "regular or". She noted that she spoke with the
sponsor who is in concurrence with the proposed amendment.
REPRESENTATIVE HARRIS [and JOHNSON] objected.
4:55:10 PM
REPRESENTATIVE MEYER said that he wasn't trying to imply that
other legislation might pass, the language was as drafted by
Legislative Legal and Research Services.
4:55:33 PM
REPRESENTATIVE KERTTULA specified that there are other
references [beyond those specified to be deleted in Conceptual
Amendment 2] in which the language "regular or" is properly
used.
4:56:15 PM
REPRESENTATIVE JOHNSON posed a scenario in which Representative
Meyer's other legislation passes. He asked if that could create
a situation in which a [legislator or legislative employee]
could raise funds in the city in which the regular session is
being held, which may or may not be Juneau.
REPRESENTATIVE KERTTULA responded that if legislation [allowing
the legislature to convene outside of the capital city] is
passed, that legislation could be amended to address the matter
at that time. She then opined that addressing the matter in
this manner would violate the rules of statutory construction
with a meaningless section.
REPRESENTATIVE SAMUELS said he had the same question as
Representative Johnson, and opined that it doesn't hurt to leave
the language in the legislation.
4:57:47 PM
REPRESENTATIVE MEYER said that although he is okay with where
the sponsor of Conceptual Amendment 2 wants to go, he isn't sure
what to think after hearing the opposing views. He opined that
he wasn't sure that Conceptual Amendment 2 is necessary, and
thus requested more compelling reasoning from the maker of
Conceptual Amendment 2.
REPRESENTATIVE KERTTULA highlighted that HB 305 isn't a capital
move or legislative move legislation, and thus that issue
shouldn't be raised in this legislation that addresses ethics.
Furthermore, a rule of statutory construction specifies that
legislation shouldn't have a meaningless section in legislation
as it confuses statute, is a red herring, and results in
improper drafting. She reiterated that the matter can be
addressed in other legislation. Representative Kerttula
clarified that she agrees that fund raising shouldn't occur in
the capital city during session.
REPRESENTATIVE MEYER interjected that [HB 293] addresses the
matter.
4:59:29 PM
REPRESENTATIVE JOHNSON expressed hesitation in removing the
language because he wanted to be sure that there isn't a
potential loophole. He emphasized the need to be very clear
that the intention is that it's not appropriate to raise money
during session in the city in which the session is being held.
5:00:45 PM
CHAIR COGHILL noted his agreement with Representative Kerttula
that Conceptual Amendment 2 is appropriate cleanup language.
5:01:45 PM
REPRESENTATIVE JOHNSON maintained his objection.
5:02:04 PM
A roll call vote was taken. Representatives Samuels, Kerttula,
Guttenberg, Harris, and Coghill voted in favor of Conceptual
Amendment 2. Representatives Fairclough and Johnson voted
against it. Therefore, Conceptual Amendment 2 was adopted by a
vote of 5-2.
5:02:37 PM
REPRESENTATIVE SAMUELS noted that if a Representative were to
resign to run for another office, he/she would give up a few
months of his/her term whereas a Senator would give up half of
his/her term to do so. He then asked if this legislation
impacts the governor.
REPRESENTATIVE MEYER specified that the legislation only speaks
to the legislative branch, not the executive branch.
5:03:40 PM
REPRESENTATIVE SAMUELS moved to report CSHB 305(STA), as
amended, out of committee with individual recommendations and
the accompanying fiscal notes. There being no objection, CSHB
305(RLS) was reported from the House Rules Standing Committee.
5:04:07 PM
ADJOURNMENT
There being no further business before the committee, the House
Rules Standing Committee meeting was adjourned at 5:04 p.m.
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