03/03/2022 03:30 PM Senate STATE AFFAIRS
| Audio | Topic |
|---|---|
| Start | |
| SB145 | |
| SB136 | |
| SR3 | |
| HB157 | |
| SB115 | |
| SB161 | |
| Adjourn |
+ teleconferenced
= bill was previously heard/scheduled
| += | SB 136 | TELECONFERENCED | |
| += | SB 152 | TELECONFERENCED | |
| += | SB 167 | TELECONFERENCED | |
| += | HB 123 | TELECONFERENCED | |
| + | TELECONFERENCED | ||
| *+ | SR 3 | TELECONFERENCED | |
| += | SJR 20 | TELECONFERENCED | |
| += | SB 92 | TELECONFERENCED | |
| += | SB 145 | TELECONFERENCED | |
| += | HB 157 | TELECONFERENCED | |
| += | SB 115 | TELECONFERENCED | |
| += | SB 161 | TELECONFERENCED | |
ALASKA STATE LEGISLATURE
SENATE STATE AFFAIRS STANDING COMMITTEE
March 3, 2022
3:33 p.m.
MEMBERS PRESENT
Senator Mike Shower, Chair
Senator Lora Reinbold, Vice Chair
Senator Mia Costello
Senator Roger Holland
Senator Scott Kawasaki
MEMBERS ABSENT
All members present
COMMITTEE CALENDAR
SENATE BILL NO. 145
"An Act relating to per diem for legislators; and providing for
an effective date."
- MOVED SB 145 OUT OF COMMITTEE
SENATE BILL NO. 136
"An Act relating to firearms and other weapons restrictions."
- MOVED CSSB 136(CRA) OUT OF COMMITTEE
SENATE RESOLUTION NO. 3
Relating to nonprofit, nongovernmental organization support for
veterans in Alaska.
- HEARD & HELD
COMMITTEE SUBSTITUTE FOR HOUSE BILL NO. 157(FIN)
"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; relating to the location of
offices for the Alaska Public Offices Commission and the
locations at which certain statements and reports filed with the
commission are made available; relating to the duties of the
Alaska Public Offices Commission; clarifying the limits on
making, accepting, and reporting certain cash campaign
contributions; relating to campaign finance reporting by certain
groups; increasing the time the Alaska Public Offices Commission
has to respond to a request for an advisory opinion; repealing a
reporting requirement for certain contributions; relating to
contribution limits and recall campaigns; and providing for an
effective date."
- HEARD & HELD
SENATE BILL NO. 115
"An Act relating to confidentiality of information; relating to
the duties of the Department of Administration; creating an
address confidentiality program; and providing for an effective
date."
- MOVED SB 115 OUT OF COMMITTEE
SENATE BILL NO. 161
"An Act relating to the definition of 'political party'; and
providing for an effective date."
- MOVED SB 161 OUT OF COMMITTEE
SENATE BILL NO. 152
"An Act relating to the convening of the legislature at the
capital and in the Municipality of Anchorage; relating to the
location of legislative sessions; and relating to the emergency
relocation of functions of state government."
- BILL HEARING CANCELED
SENATE BILL NO. 167
"An Act relating to elections, voter registration, ballots, and
a system of tracking and accounting for ballots; establishing an
election offense hotline; relating to election fraud, election
interference, and election official misconduct; requiring
signature verification, notice, and the opportunity to cure; and
providing for an effective date."
- BILL HEARING CANCELED
HOUSE BILL NO. 123
"An Act providing for state recognition of federally recognized
tribes; and providing for an effective date."
- BILL HEARING CANCELED
SENATE JOINT RESOLUTION NO. 20
Urging the United States Congress to pass the Hearing Protection
Act.
- BILL HEARING CANCELED
SENATE BILL NO. 92
"An Act relating to missing persons under 21 years of age."
- BILL HEARING CANCELED
PREVIOUS COMMITTEE ACTION
BILL: SB 145
SHORT TITLE: LEGISLATOR RETROACTIVE PER DIEM
SPONSOR(s): SENATOR(s) HOLLAND
01/18/22 (S) PREFILE RELEASED 1/7/22
01/18/22 (S) READ THE FIRST TIME - REFERRALS
01/18/22 (S) STA, FIN
02/01/22 (S) STA AT 3:30 PM BUTROVICH 205
02/01/22 (S) Heard & Held
02/01/22 (S) MINUTE(STA)
02/08/22 (S) STA AT 3:30 PM BUTROVICH 205
02/08/22 (S) Scheduled but Not Heard
02/15/22 (S) STA AT 3:30 PM BUTROVICH 205
02/15/22 (S) Heard & Held
02/15/22 (S) MINUTE(STA)
03/01/22 (S) STA AT 3:30 PM BUTROVICH 205
03/01/22 (S) -- MEETING CANCELED --
03/03/22 (S) STA AT 3:30 PM BUTROVICH 205
BILL: SB 136
SHORT TITLE: LIMITATIONS ON FIREARMS RESTRICTIONS
SPONSOR(s): SENATOR(s) MYERS
05/05/21 (S) READ THE FIRST TIME - REFERRALS
05/05/21 (S) CRA, STA
05/11/21 (S) CRA AT 3:30 PM BELTZ 105 (TSBldg)
05/11/21 (S) -- MEETING CANCELED --
05/13/21 (S) CRA AT 3:30 PM BELTZ 105 (TSBldg)
05/13/21 (S) Heard & Held
05/13/21 (S) MINUTE(CRA)
05/18/21 (S) CRA AT 3:30 PM BELTZ 105 (TSBldg)
05/18/21 (S) Moved CSSB 136(CRA) Out of Committee
05/18/21 (S) MINUTE(CRA)
05/19/21 (S) CRA RPT CS 2DP 1DNP SAME TITLE
05/19/21 (S) DP: HUGHES, MYERS
05/19/21 (S) DNP: GRAY-JACKSON
02/01/22 (S) STA AT 3:30 PM BUTROVICH 205
02/01/22 (S) Heard & Held
02/01/22 (S) MINUTE(STA)
02/15/22 (S) STA AT 3:30 PM BUTROVICH 205
02/15/22 (S) Heard & Held
02/15/22 (S) MINUTE(STA)
03/03/22 (S) STA AT 3:30 PM BUTROVICH 205
BILL: SR 3
SHORT TITLE: NGO SUPPORT FOR STATE VETERANS
SPONSOR(s): SENATOR(s) SHOWER
02/04/22 (S) READ THE FIRST TIME - REFERRALS
02/04/22 (S) STA
03/01/22 (S) STA AT 3:30 PM BUTROVICH 205
03/01/22 (S) -- MEETING CANCELED --
03/03/22 (S) STA AT 3:30 PM BUTROVICH 205
BILL: HB 157
SHORT TITLE: APOC; REPORT REFERENDA/RECALL CONTRIBUTOR
SPONSOR(s): REPRESENTATIVE(s) RASMUSSEN
03/31/21 (H) READ THE FIRST TIME - REFERRALS
03/31/21 (H) STA, JUD
04/17/21 (H) STA AT 3:00 PM GRUENBERG 120
04/17/21 (H) Heard & Held
04/17/21 (H) MINUTE(STA)
04/27/21 (H) STA AT 3:00 PM GRUENBERG 120
04/27/21 (H) Moved HB 157 Out of Committee
04/27/21 (H) MINUTE(STA)
04/28/21 (H) FIN REPLACES JUD REFERRAL
04/28/21 (H) BILL REPRINTED
04/28/21 (H) STA RPT 1DP 1NR 5AM
04/28/21 (H) DP: KREISS-TOMKINS
04/28/21 (H) NR: TARR
04/28/21 (H) AM: CLAMAN, STORY, EASTMAN, KAUFMAN,
VANCE
05/03/21 (H) FIN AT 1:30 PM ADAMS 519
05/03/21 (H) Heard & Held
05/03/21 (H) MINUTE(FIN)
05/04/21 (H) FIN AT 9:00 AM ADAMS 519
05/04/21 (H) Heard & Held
05/04/21 (H) MINUTE(FIN)
05/13/21 (H) FIN AT 9:00 AM ADAMS 519
05/13/21 (H) Moved CSHB 157(FIN) Out of Committee
05/13/21 (H) MINUTE(FIN)
05/14/21 (H) FIN RPT CS(FIN) NEW TITLE 4DP 5NR
05/14/21 (H) DP: LEBON, JOSEPHSON, RASMUSSEN,
MERRICK
05/14/21 (H) NR: ORTIZ, CARPENTER, THOMPSON, WOOL,
FOSTER
05/19/21 (H) LIMIT ALL DEBATE TO 2 MIN EACH Y23 N16
E1
05/19/21 (H) TRANSMITTED TO (S)
05/19/21 (H) VERSION: CSHB 157(FIN)
01/18/22 (S) READ THE FIRST TIME - REFERRALS
01/18/22 (S) STA, JUD
01/21/22 (S) FIN REFERRAL ADDED AFTER JUD
02/17/22 (S) STA AT 3:30 PM BUTROVICH 205
02/17/22 (S) Scheduled but Not Heard
03/01/22 (S) STA AT 3:30 PM BUTROVICH 205
03/01/22 (S) -- MEETING CANCELED --
03/03/22 (S) STA AT 3:30 PM BUTROVICH 205
BILL: SB 115
SHORT TITLE: ADDRESS CONFIDENTIALITY PROGRAM
SPONSOR(s): SENATOR(s) KIEHL
03/31/21 (S) READ THE FIRST TIME - REFERRALS
03/31/21 (S) STA, JUD, FIN
05/06/21 (S) STA AT 3:30 PM BUTROVICH 205
05/06/21 (S) Heard & Held
05/06/21 (S) MINUTE(STA)
02/17/22 (S) STA AT 3:30 PM BUTROVICH 205
02/17/22 (S) Scheduled but Not Heard
03/01/22 (S) STA AT 3:30 PM BUTROVICH 205
03/01/22 (S) -- MEETING CANCELED --
03/03/22 (S) STA AT 3:30 PM BUTROVICH 205
BILL: SB 161
SHORT TITLE: POLITICAL PARTY DEFINITION
SPONSOR(s): SENATOR(s) WIELECHOWSKI
01/18/22 (S) READ THE FIRST TIME - REFERRALS
01/18/22 (S) STA, JUD
02/17/22 (S) STA AT 3:30 PM BUTROVICH 205
02/17/22 (S) Heard & Held
02/17/22 (S) MINUTE(STA)
03/01/22 (S) STA AT 3:30 PM BUTROVICH 205
03/01/22 (S) -- MEETING CANCELED --
03/03/22 (S) STA AT 3:30 PM BUTROVICH 205
WITNESS REGISTER
SENATOR ROBERT MEYER
Alaska State Legislature
Juneau, Alaska
POSITION STATEMENT: Sponsor of SB 136
RICHARD HELLER, representing self
Butte, Alaska
POSITION STATEMENT: Testified by invitation in support of SR 3.
RICK CASTILLO, representing self
Anchorage, Alaska
POSITION STATEMENT: Testified by invitation in support of SR 3.
KYLE KAISER, VIPER Transitions
Peters Creek, Alaska
POSITION STATEMENT: Testified by invitation in support of SR 3.
SEAN BENNETT, representing self
Ninilchik, Alaska
POSITION STATEMENT: Testified by invitation in support of SR 3.
REPRESENTATIVE SARA RASMUSSEN
Alaska State Legislature
Anchorage, Alaska
POSITION STATEMENT: Sponsor of HB 157
CRYSTAL KOENEMAN, Staff
Representative Sara Rasmussen
Alaska State Legislature
Anchorage, Alaska
POSITION STATEMENT: Presented the sectional analysis for HB 157
on behalf of the sponsor.
HEATHER HEBDON, Executive Director
Alaska Public Offices Commission
Anchorage, Alaska
POSITION STATEMENT: Answered questions during the hearing on HB
157
JESSE KIEHL
Alaska State Legislature
Juneau Alaska
POSITION STATEMENT: Sponsor of SB 115.
SENATOR BILL WIELECHOWSKI
Alaska State Legislature
Juneau, Alaska
POSITION STATEMENT: Sponsor of SB 161.
DAVID DUNSMORE, Staff
Senator Bill Wielechowski
Alaska State Legislature
Juneau, Alaska
POSITION STATEMENT: Answered questions on behalf of the sponsor
during the hearing on SB 161.
ACTION NARRATIVE
3:33:47 PM
CHAIR MIKE SHOWER called the Senate State Affairs Standing
Committee meeting to order at 3:33 p.m. Present at the call to
order were Senators Kawasaki, Hollands, Reinbold, Costello, and
Chair Shower.
SB 145-LEGISLATOR RETROACTIVE PER DIEM
3:35:08 PM
CHAIR SHOWER announced the consideration of SENATE BILL NO. 145
"An Act relating to per diem for legislators; and providing for
an effective date."
[This is the third hearing and invited and public testimony is
scheduled.]
3:35:35 PM
SENATOR ROGER HOLLAND, speaking as sponsor of SB 145, said the
only dissent to the legislation is from legislators who have
expressed concern about creating an elite class of legislators
who do not need to collect per diem. His view is this will
create an elite class of legislators who are motivated to
complete the one job that is required of legislators, which is
to pass the budget timely.
SENATOR REINBOLD said she supports the bill but her concern is
that the House gets the budget to the Senate in time for a
thorough and meaningful review.
3:37:14 PM
CHAIR SHOWER opened public testimony on SB 145; finding none he
closed public testimony.
3:37:38 PM
SENATOR HOLLAND thanked the committee for considering the bill.
CHAIR SHOWER solicited a motion.
3:37:53 PM
SENATOR REINBOLD moved to report SB 145, work order 32-LS1043\A,
from committee with individual recommendations and attached
fiscal note(s).
CHAIR SHOWER announced that without objection SB 145, was
reported from the Senate State Affairs Standing Committee.
3:38:19 PM
At ease
3:40:15 PM
CHAIR SHOWER reconvened the meeting.
SB 136-LIMITATIONS ON FIREARMS RESTRICTIONS
3:40:26 PM
CHAIR SHOWER announced the consideration of SENATE BILL NO. 136
"An Act relating to firearms and other weapons restrictions."
[CSSB 136(CRA) was before the committee.]
He asked the sponsor if he had any final comments on the bill.
3:40:54 PM
SENATOR ROBERT MEYER, Alaska State Legislature, Juneau, Alaska,
sponsor of SB 136, thanked the chair.
CHAIR SHOWER found no questions or comments and solicited a
motion.
3:41:06 PM
SENATOR REINBOLD moved to report the committee substitute (CS)
for SB 136, work order 32-LS0856\B, from committee with
individual recommendations and attached fiscal note(s).
CHAIR SHOWER found no objection and CSSB 136(CRA) was reported
from the Senate State Affairs Standing Committee.
3:41:31 PM
At ease
SR 3-NGO SUPPORT FOR STATE VETERANS
3:43:04 PM
CHAIR SHOWER reconvened the meeting and announced the
consideration of SENATE RESOLUTION NO. 3 Relating to nonprofit,
nongovernmental organization support for veterans in Alaska.
CHAIR SHOWER stated that this is the first hearing and invited
and public testimony is scheduled.
He identified himself as the sponsor of SR 3, noted that the
attached fiscal note is zero, and said he did not prepare a
sectional analysis because the bill is short and it is a
resolution.
3:43:29 PM
CHAIR SHOWER paraphrased the sponsor statement for SR 3.
SR 3 was introduced to encourage nonprofits that serve
military veterans to keep a greater portion of the
money raised for veterans, in Alaska. Alaska is home
to the highest per capita of veterans of any state in
the union. Local Alaskan's are very generous with
their support of our veteran population. This makes
Alaska a very lucrative place to raise money by
nonprofits that serve veterans. This resolution was
written to encourage nonprofits to honor the
commitment Alaskans make to their veterans by
supporting programs for veterans and encourage
nonprofits to keep the greatest amount of money
possible that is raised in Alaska for Alaskan
veterans.
CHAIR SHOWER found no questions from the committee and turned to
invited testimony.
3:44:19 PM
RICHARD HELLER, representing self, Butte, Alaska, testified by
invitation in support of SR 3. He spoke as a 100 percent
disabled veteran to offer his perspective of nonprofits in
Alaska that work for veterans. He related that since 2005 he has
received help from the Veterans Administration (VA) and some
nonprofits in the state.
MR. HELLER stated that some of the nonprofits in Alaska that
benefit veterans are fair weather and he believes they need to
be controlled. He noted that in Wasilla alone there are more
than 3,000 nonprofits. He said he uses the term fair weather
because there is no activity in the winter months.
MR. HELLER related that he and a friend have been tracking
money-laundering schemes for three years. They have found a
national veteran nonprofit that has received millions of dollars
from Alaskans with very little return or help. He emphasized
that all groups need to present their 990s [return of
organizations exempt from federal income tax] on a regular basis
so Alaskans understand where their donations are going and what
they are doing to help Alaskan veterans. He requested the state
form a committee or working group that holds all nonprofits
accountable for their spending in Alaska for Alaskan veterans
and whether they are using Alaska or national funds. An
alternative would be to at least hold legislators accountable
for veteran funding issues.
3:47:57 PM
RICK CASTILLO, representing self, Anchorage, Alaska, testified
by invitation in support of SR 3. He stated that he is a proud
U.S. Army veteran who first came to Alaska in 2007 and quickly
learned about integrity, honor, and fortitude. He found
integrity to be the most profound and today he believes it is
essential in all aspects of business and government. It is the
root of transparency.
MR. CASTILLO stated that the past few decades have seen a
proliferation of NGOs [non-governmental organizations], both in-
state and nationally, all of which purport to assist veterans.
Some operate in several states. While many of these
organizations are desperately needed, he said some are
opportunistic and have done little to fulfill the mission in the
state from which they have solicited donations.
MR. CASTILLO stressed that his support of SR 3 is not an attack
on the NGOs that work to fill the gap for veterans in their
communities. Rather, he supports the resolution as a process
that builds on the transparency of good government that allows
NGOs to benefit from grants, federal and state funding, and
charitable donations. SR 3 also serves as the foundation of a
strong and charitable base in Alaska. Alaskans recognize the
value and input of veterans statewide and the resolution is a
promise for the state to do its due diligence. It will ensure
that donors across Alaska know how much of their contributions
go toward the support of veterans within Alaska and how much
leaves the state for uses that are unrelated to Alaska.
3:51:10 PM
KYLE KAISER, VIPER Transitions, Peters Creek, Alaska, testified
by invitation in support of SR 3. He stated that VIPER
Transitions is an Alaska-based veteran nonprofit and his
testimony today was to highlight how incredibly hard it is for
local nonprofits to compete with national nonprofits. These
large organizations consume all the funding and benefits,
leaving very little for the local nonprofits that are doing all
they can every day to support veterans.
MR. KAISER related that he is a veteran of Iraq and Afghanistan
who has committed his life to helping veterans deal with their
issues that also affect communities. VIPER Transitions provides
training for veterans and connects them to employment
opportunities across multiple industries. VIPER also connects
veterans with mental health resources.
MR. KAISER stated that one of the largest frustrations this
start-up nonprofit faces is tied to funding. They see private
donations going to groups that do not use the money to benefit
Alaska veterans. The funds go out of state and this needs to
stop, he said. Donors should be able to see where and how their
money is spent. If the money is raised in Alaska, it should stay
in Alaska and if it is raised in Alaska to support Alaska
veterans, it should do that.
3:54:05 PM
SENATOR HOLLAND asked if VIPER Transitions was rehabilitating a
C-47 in the Federal Express hanger.
MR. KAISER answered yes.
SENATOR HOLLAND expressed appreciation for the work they had and
likely would continue to do in Alaska.
CHAIR SHOWER agreed and mentioned prospects for future projects.
3:55:11 PM
SEAN BENNETT, representing self, Ninilchik, Alaska, testified by
invitation in support of SR 3. He spoke as the former manager of
the Alaska Wounded Warrior Project. He related that for five
years he flew around the state to connect with veterans who
needed help. He cited the example of going fishing with
Representative Laddie Shaw and Senator Josh Revak. He said Rick
Castillo and Kyle Kaiser with VIPER Transitions are trying to do
so much for Alaska veterans and the state is not giving them
sufficient support. He asked the legislature to help veterans
and identified Senator Shower as veterans' voice.
CHAIR SHOWER said he was committed to this effort.
SENATOR REINBOLD commented that volunteers and good-hearted
people make the world go round. She thanked him for the work
he'd done to help Alaska veterans.
MR. BENNETT repeated the plea for help.
CHAIR SHOWER shared that half of his son's platoon committed
suicide in the last few years.
3:58:30 PM
CHAIR SHOWER opened public testimony on SR 3; finding none, he
closed public testimony.
CHAIR SHOWER held SR 3 in committee for future consideration.
HB 157-APOC; REPORT REFERENDA/RECALL CONTRIBUTOR
3:58:57 PM
CHAIR SHOWER announced the consideration of CS FOR HOUSE BILL
NO. 157(FIN) "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; relating to the location of
offices for the Alaska Public Offices Commission and the
locations at which certain statements and reports filed with the
commission are made available; relating to the duties of the
Alaska Public Offices Commission; clarifying the limits on
making, accepting, and reporting certain cash campaign
contributions; relating to campaign finance reporting by certain
groups; increasing the time the Alaska Public Offices Commission
has to respond to a request for an advisory opinion; repealing a
reporting requirement for certain contributions; relating to
contribution limits and recall campaigns; and providing for an
effective date."
4:00:00 PM
REPRESENTATIVE SARA RASMUSSEN, Alaska State Legislature,
Anchorage, Alaska, sponsor of HB 157 stated that this
legislation will require certain campaign finance activity to be
reported earlier. The law currently allows groups to launch
campaigns to change major policies or remove elected officials
from office without releasing financial information until late
in the process. HB 157 would require disclosure of contributions
and expenditures made to influence a referendum or recall effort
to earlier in the statutory process as well as reporting certain
campaign finance activity prior to collection of signatures. She
said Alaskans want an honest transparent process and deserve to
know who is behind any effort to affect the state's political
and economic future. HB 157 closes a loophole that could be
exploited by dark money and special interests.
4:01:16 PM
CRYSTAL KOENEMAN, Staff, Representative Sara Rasmussen, Alaska
State Legislature, Anchorage, Alaska, presented the sectional
analysis for HB 157.
Section 1: AS 15.13.010(b) Applicability related to
State Election Campaigns. Adds language to the
applicability section that state the chapter applies
to contributions, expenditures, and communications
that are made to influence the nomination or election
of a candidate. And for the purpose of influencing a
ballot proposition or question or for supporting or
opposing and initiative proposal, recall, or
referendum.
Section 2: AS 15.13.020(j) Alaska Public Offices
Commission. Removes the requirement for an APOC office
to be located in each Senate District.
Section 3: AS 15.13.030 Duties of the commission.
Removes the word "ALL" from the phrase "examine,
investigate, and compare [all] reports, statements,
and actions required by this chapter."
4:02:43 PM
Sections 4-8: AS 15.13.040(b), 15.13.072(b), and
15.13.074(e). Clarifies that contributions and
expenditures are in a calendar year instead of left
open ended.
Section 5: AS 15.13.050(a) Registration before
expenditure. Adds language regarding referendums or
recalls to the statute that requires persons to
register with APOC prior to making an expenditure.
Section 6: AS 15.13.065(c) Contributions. Adds
language related to referendum and recall applications
to what is included in the definition of proposition.
Section 9: AS 15.13.110(e) Filing of Reports.
Rewrites the language related to those receiving or
making expenditures to support or oppose referendums.
This language is identical to the language contained
in AS 15.13.040(k) for ballot proposition reporting
requirements and AS 15.13.110(g) for ballot initiative
reporting requirements.
4:04:02 PM
Section 10: AS 15.13.110 Filing of Reports. Adds a
new subsection (k) for those receiving or making
expenditures to support or oppose a recall. This
language is similar to Section [9] of this bill and AS
15.13.040(k) for ballot proposition reporting
requirements and AS 15.13.110(g) for ballot initiative
reporting requirements.
(This is the conforming language to align the
recall/referendum reporting requirement with the
ballot props and initiatives. Section 12 14 are
modify definitions to include the new language for
recall and referendums.)
Sections 12-14: AS 15.13.400(4), and (7)
Definitions. Modifies the definition of
"contributions" to include groups and referendum and
recall applications, modifies the definition of
"expenditures" to include referendum and recall
applications, and modifies the definition of "group"
to include referendum and recall applications.
4:05:03 PM
Sections 15-16: AS 24.45.091 Publication of reports.
Provides for publication of reports and archives of
statements and reports to be posted on their website
as well as have copies available at the central
office.
Section 17: Repeals AS 15.13.040(k). Provides that
recall applications are subject to group contribution
limitations whereas referendum applications are not.
Section 18: Uncodified law. States that this Act
applies only to referendums or recalls that are filed
on or after the effective date of this Act.
Section 19: Provides for a January 1, 2022 effective
date.
MS. KOENEMAN suggested the committee offer a friendly amendment
to update the effective date to January 1, 2023.
4:06:20 PM
SENATOR HOLLAND asked if any group opposed the bill.
REPRESENTATIVE RASMUSSEN answered no, but there was debate on
the House floor about creating a bar that is too challenging for
individual Alaskans to participate in the recall process.
4:07:20 PM
SENATOR KAWASAKI referenced the [March 12, 2021] memorandum from
Legislative Legal Services that cites the Ninth Circuit
discussion of First Amendment rights. He asked for more
information about First Amendment rights related to fund
raising. He noted that the last sentence on page 5 somewhat
countermands the rest of the memo.
REPRESENTATIVE RASMUSSEN read the last sentence on page 5 of the
memo.
Accordingly, while it is not certain at what point an
Alaska court might determine that speech relating to a
recall or referendum application, for a measure that
may or may not appear on the ballot, can
constitutionally be required to be disclosed, this
bill's expansion of disclosure requirements in the
recall and referendum context will likely survive a
First Amendment challenge.
She offered her takeaway HB 157 protects First Amendment rights.
SENATOR KAWASAKI directed attention to the last paragraph on
page 4 of the memo that expresses uncertainty about "how a court
would evaluate this bill's expansion of disclosure requirements
relating to funds made in support or in opposition to a recall
or referendum application." He highlighted that this language
expresses uncertainty and the next paragraph seems fairly
certain. He questioned the reason for the statement on page 5
and asked if there were other issues she could cite that affirm
that paragraph.
REPRESENTATIVE RASMUSSEN deferred the question to her staff.
4:09:57 PM
MS. KOENEMAN said the uncertainty in the final paragraph may
reflect the hypotheticals she went through with legislative
counsel Alpheus Bullard that looked at whether anything in the
bill would preclude somebody from moving forward with this
process if they had to disclose that financial information ahead
of time. Nevertheless, Mr. Bullard ultimately concluded that
there should not be any First Amendment concerns.
CHAIR SHOWER asked Heather Hebdon if she had any comments.
4:11:21 PM
HEATHER HEBDON, Executive Director, Alaska Public Offices
Commission, Anchorage, Alaska, stated that she had no comment
about the constitutional concern.
SENATOR HOLLAND asked if Section 2 would result in APOC office
closures.
REPRESENTATIVE RASMUSSEN answered that current statute requires
an APOC office to be located in each Senate district. She
offered her understanding that the statute has not been followed
for some time and Section 2 removes the requirement.
CHAIR SHOWER said the suggested friendly amendment to change the
effective date will be offered in the next hearing. He commented
on the reporting requirements and opined that transparency is
important in all aspects of government. He noted that he had not
seen any opposition to the bill but had seen support where he
wouldn't expect. He expressed appreciation for the intent of the
bill.
4:13:30 PM
SENATOR REINBOLD commented that this may not be the vehicle, but
she would like to see more transparency where lobbyists are
concerned.
CHAIR SHOWER suggested she work with the sponsor. He asked for
the reason to clarify that contributions and expenditures are in
a calendar year.
MS. KOENEMAN replied the statute does not delineate whether it
is a calendar year or fiscal year. This makes it clear that the
intent is to track contributions and expenditures in a calendar
year.
CHAIR SHOWER asked if this provision would create an opportunity
to delay reporting when there's an election in November and the
calendar year doesn't end until December 31.
MS. KOENEMAN deferred the question to Ms. Hebdon.
4:16:26 PM
CHAIR SHOWER restated the question.
4:17:02 PM
MS. HEBDON said she didn't see that this would change current
practice. APOC's current guidance is that the reportable date is
when the contribution was received.
CHAIR SHOWER said he wanted it a matter of record that this is
how it works now and the bill doesn't change that.
4:17:43 PM
SENATOR KAWASAKI asked for confirmation that Section 2 would not
prevent APOC from establishing offices outside the central
office.
MS. HEBDON replied that was her reading; it does not preclude
APOC from opening additional offices or require it to close any
offices. It simply establishes a central office.
SENATOR KAWASAKI recalled a discussion several decades ago about
closing APOC entirely. He asked how the current APOC budget
compares to what it was 20 years ago.
MS. HEBDON said she didn't have the numbers in front of her but
she believes that the budget grew substantially over about 20
years and has declined dramatically over the past six years.
MS. KOENEMAN added that a 10-year-lookback at personnel in the
APOC office shows there were 13 PCNs [position control numbers]
in 2015, 4 of which were dedicated to campaign finance, and 8
PCNs in 2021, 2 of which are dedicated to campaign finance.
CHAIR SHOWER asked her to review the fiscal note.
4:20:47 PM
MS. KOENEMAN stated that APOC's fiscal note requests $111,700
for one PCN full-time employee, range 14-16 flex for a paralegal
I/II and associated costs. She said she believes the added
personnel would likely benefit the commission given the change
in reporting and increased the workload on APOC staff.
CHAIR SHOWER opined that $111,000 is a bargain given that people
want to know where the money that flows into the state is coming
from and how it's spent.
4:22:07 PM
CHAIR SHOWER opened public testimony on HB 157; finding none, he
closed public testimony.
CHAIR SHOWER held HB 157 in committee.
SB 115-ADDRESS CONFIDENTIALITY PROGRAM
4:22:49 PM
CHAIR SHOWER announced the consideration of SENATE BILL NO. 115
"An Act relating to confidentiality of information; relating to
the duties of the Department of Administration; creating an
address confidentiality program; and providing for an effective
date."
He stated that the bill was heard last year, public testimony
was heard and closed, and his intention was to move the bill
from committee. He asked the sponsor if he had any final
comments.
4:23:13 PM
JESSE KIEHL, Alaska State Legislature, Juneau Alaska, sponsor of
SB 115, recapped that the bill creates a safe confidential
address whereby a survivor of domestic violence, sexual assault,
or stalking may receive their mail without risk that their new
home address or post office box could be discovered by their
former abuser. This would also be available to law enforcement
and correctional officers who may want to protect their personal
addresses.
CHAIR SHOWER noted who was available to answer questions.
SENATOR REINBOLD said she likes the bill, but wanted him to know
that she intended to offer an amendment on the floor to ensure
that victims may be part of the hearing process if that is their
wish.
4:24:55 PM
SENATOR KAWASAKI asked whether the definition of "correctional
officer" in Section 4 would include anybody employed at a
correctional facility.
SENATOR KIEHL replied the intention was to include both state
and municipal correctional officers.
SENATOR KAWASAKI asked if that would include all staff positions
in a correctional facility.
SENATOR KIEHL replied the bill was drafted specifically to
include correctional officers whose primary duty is to provide
custody, care, security, control, and discipline. That matches
definitions in other sections of statute relating to
correctional officers and those are the individuals who have
expressed concern about the potential for retribution against
their families.
CHAIR SHOWER asked him to relay how many individuals this might
include.
4:26:37 PM
SENATOR KIEHL stated that his office looked at other states and
found that surprisingly few survivors of domestic violence,
sexual assault, and stalking took advantage of a similar option.
Mostly it was survivors who had decided to start over in another
place. Based on that data and adjusted for population, the
estimate is that this program may serve 400-600 survivors. Of
the more than 600 correctional officers who would qualify, most
likely will not choose this option because they have an online
presence of some kind and don't want to pick up and start their
lives somewhere else. He opined that it will be people early in
their public safety career who have heeded the advice to protect
their personal address and not create an online presence who
will choose this option.
4:28:25 PM
SENATOR HOLLAND asked for confirmation that the mail would not
be screened. Rather, the intention is merely to protect
information about survivors or correctional officers in the
program.
SENATOR KIEHL replied the bill gives the Department of
Administration (DOA) a lot of latitude to structure the program.
He was not aware of any state with a similar program that
screens the mail and it certainly is not opened. He added that
it is very common to only forward first class, registered, and
certified mail. Registered voters would receive their ballot but
not the campaign fliers.
SENATOR HOLLAND asked for confirmation that the mail would be
received and dispersed from a central point.
4:29:38 PM
SENATOR KIEHL replied his understanding is that other states
have a single, central post office box. Shared Services within
DOA already has a PO Box, but he didn't know if that box would
be used or an additional one opened. Nevertheless, all
participants would have the same PO Box and staff that run the
address protection program would sort and periodically forward
the first class, registered, and certified mail to the program
participants.
CHAIR SHOWER observed that the fiscal note is indeterminate
because the number of participants has not been established.
However, it will not be thousands, he said.
SENATOR KIEHL thank the committee for considering the bill.
CHAIR SHOWER solicited a motion.
4:30:39 PM
SENATOR REINBOLD moved to report SB 115, work order 32-LS0380\I,
from committee with individual recommendations and attached
fiscal note(s).
CHAIR SHOWER found no objection and SB 115 was reported from the
Senate State Affairs Standing Committee.
4:31:04 PM
At ease
SB 161-POLITICAL PARTY DEFINITION
4:33:21 PM
CHAIR SHOWER reconvened the meeting and announced the
consideration of SENATE BILL NO. 161 "An Act relating to the
definition of 'political party'; and providing for an effective
date."
CHAIR SHOWER asked the sponsor if he had any additional
information or comments.
4:33:46 PM
SENATOR BILL WIELECHOWSKI, Alaska State Legislature, Juneau,
Alaska, sponsor of SB 161, thanked the chair and offered to
answer questions.
4:34:03 PM
SENATOR KAWASAKI noted that he did not have a fiscal note in the
bill packet and asked if the bill would be cost neutral.
4:34:21 PM
DAVID DUNSMORE, Staff, Senator Bill Wielechowski, Alaska State
Legislature, Juneau, Alaska, offered his understanding that the
administration submitted a zero fiscal note. He added that the
expectation is that this will result in some minor savings for
the Division because it would have fewer petitions to assess for
presidential candidates.
CHAIR SHOWER read the last sentience in the Analysis section of
the fiscal note. "Passage of this legislation will have no
fiscal impact on the division."
4:35:08 PM
SENATOR REINBOLD said she continues to question how the bill
will affect the Green Party and others.
MR. DUNSMORE related that, at her request, the sponsor's office
reached out to the local affiliates of both the Green Party and
the Constitution Party and the Green Party expressed support for
lowering the threshold. The Constitution Party didn't respond
but on the national level it is a member of a coalition for fair
and open elections, which advocates for bills like SB 161 that
lower thresholds for parties to appear on the ballot.
SENATOR WIELECHOWSKI pointed out that the number of registered
voters varies from election to election and the threshold for a
party to appear on the ballot is based on a percentage so the
threshold can change quite a bit. For a party to be recognized
currently, it must have 10,600 registered voters. SB 161 fixes
that number at 5,000 registered voters, which would make it
easier for parties to get access to the ballot. Ne noted that he
introduced the legislation at the request of a constituent who
is a member of the Libertarian Party.
4:36:52 PM
SENATOR HOLLAND recalled that the threshold varied 50 percent
between the last two elections. He said he appreciates that the
bill will provide more stability.
SENATOR WIELECHOWSKI referenced the chart in the bill packet
that shows the thresholds for recent elections. In 2010 the
threshold was 8,000 registered voters and it increased to more
than 10,000 in 2020.
SENATOR HOLLAND said he believes he was looking at older
statistics.
4:38:00 PM
CHAIR SHOWER opened public testimony on SB 161; finding none, he
closed public testimony.
He asked if the committee had comments or questions.
SENATOR REINBOLD asked the sponsor to do what he could to
encourage House committee chairs to pass Senate bills from
committee.
CHAIR SHOWER solicited a motion.
4:39:40 PM
SENATOR REINBOLD moved to report SB 161, work order 32-LS1361\A,
from committee with individual recommendations and attached
fiscal note(s).
CHAIR SHOWER found no objection and SB 161 was reported from the
Senate State Affairs Standing Committee.
4:40:05 PM
At ease
CHAIR SHOWER reconvened the meeting.
4:41:42 PM
There being no further business to come before the committee,
Chair Shower adjourned the Senate State Affairs Standing
Committee meeting at 4:41 p.m.
| Document Name | Date/Time | Subjects |
|---|---|---|
| support 6 letters.pdf |
SSTA 3/3/2022 3:30:00 PM |
SB 156 |
| SB 167opposition letter.pdf |
SSTA 3/3/2022 3:30:00 PM |
SB 167 |