Legislature(1993 - 1994)
1993-04-16 House Journal
Full Journal pdf1993-04-16 House Journal Page 1283 HB 206 The following was read the second time: HOUSE BILL NO. 206 "An Act relating to the regulation of election campaigns, and providing for regulation by the Alaska Public Offices Commission of elections by electrical cooperatives." with the: Journal Page CRA RPT CS(CRA) NEW TITLE 4DP 1DNP 1NR 757 -FISCAL NOTE (ADM) 3/24/93 758 STA RPT CS(CRA) NEW TITLE 4DP 2NR 975 -PREVIOUS FN(ADM) 3/24/93 975 CORRECTED STATE AFFAIRS REPORT: 1063 STA RPT CS(STA) NEW TITLE 4DP 2NR 1063 -PREVIOUS FN (ADM) 3/24/93 1063 Representative Phillips moved and asked unanimous consent that the following committee substitute be adopted in lieu of the original bill: 1993-04-16 House Journal Page 1284 HB 206 CS FOR HOUSE BILL NO. 206(STA) "An Act relating to the regulation of election campaigns, and providing for regulation by the Alaska Public Offices Commission of elections by certain electrical cooperatives and by certain telephone cooperatives." There being no objection, it was so ordered. Amendment No. 1 was offered by Representative Davies: Page 2, lines 10 and 11 and page 3, line 28: Delete "10,000" Insert "50,000" Representative Davies moved and asked unanimous consent that Amendment No. 1 be adopted. Representative Mulder objected. The question being: "Shall Amendment No. 1 be adopted?" The roll was taken with the following result: CSHB 206(STA) Second Reading Amendment No. 1 YEAS: 9 NAYS: 26 EXCUSED: 2 ABSENT: 3 Yeas: Brice, Carney, Davies, Finkelstein, Grussendorf, Nicholia, Sitton, Ulmer, Willis Nays: Barnes, Brown, Bunde, G.Davis, Foster, Green, Hanley, Hoffman, Hudson, James, Kott, Larson, Mackie, MacLean, Martin, Moses, Mulder, Olberg, Parnell, Phillips, Porter, Sanders, Therriault, Toohey, Vezey, Williams 1993-04-16 House Journal Page 1285 HB 206 Excused: Davidson, B.Davis Absent: Menard, Navarre, Nordlund And so, Amendment No. 1 was not adopted. Amendment No. 2 was offered by Representative Finkelstein: Page 2, following line 16: Insert a new bill section to read: "* Sec. 3. AS15.13.110(b) is amended to read: (b) Each contribution or expenditure that [WHICH] exceeds $250 and that [WHICH] is made within nine days [ONE WEEK] of the election shall be reported to the commission by date, amount, and contributor or recipient within 24 hours of receipt or expenditure by the candidate or campaign treasurer." Renumber the following bill sections accordingly. Representative Finkelstein moved and asked unanimous consent that Amendment No. 2 be adopted. Representative Mulder objected. Representative Finkelstein moved and asked unanimous consent to withdraw Amendment No. 2. There being no objection, it was so ordered. Amendment No. 3 was offered by Representative Finkelstein: Page 2, following line 16: Insert a new bill section to read: "* Sec. 3. AS15.13.040 is amended by adding a new subsection to read: (g) The provisions of (a) of this section do not apply to a candidate if the candidate 1993-04-16 House Journal Page 1286 HB 206 (1) accepts contributions totaling $1,000 or less; and (2) makes expenditures totaling $1,000 or less in seeking election." Renumber the following bill sections accordingly. Representative Finkelstein moved and asked unanimous consent that Amendment No. 3 be adopted. There being no objection, it was so ordered. Amendment No. 4 was offered by Representative Davies: Page 4, after line 16: Insert a new bill section: "* Sec. 7. AS 15.25.020 is amended to read: The primary election is held on the third Tuesday in September [FOURTH TUESDAY IN AUGUST] of every even-numbered year." Representative Davies moved and asked unanimous consent that Amendment No. 4 be adopted. Representative Mulder objected. The question being: "Shall Amendment No. 4 be adopted?" The roll was taken with the following result: CSHB 206(STA) am Second Reading Amendment No. 4 YEAS: 12 NAYS: 24 EXCUSED: 2 ABSENT: 2 Yeas: Brice, Brown, Carney, Davies, Finkelstein, Grussendorf, Hoffman, Mackie, Menard, Nicholia, Nordlund, Ulmer 1993-04-16 House Journal Page 1287 HB 206 Nays: Barnes, G.Davis, Foster, Green, Hanley, Hudson, James, Kott, Larson, MacLean, Martin, Moses, Mulder, Olberg, Parnell, Phillips, Porter, Sanders, Sitton, Therriault, Toohey, Vezey, Williams, Willis Excused: Davidson, B.Davis Absent: Bunde, Navarre And so, Amendment No. 4 was not adopted. Amendment No. 5 was not offered. Amendment No. 6 was not offered. Amendment No. 7 was not offered. Amendment No. 8 was offered by Representative Davies: Page 4, following line 16: Insert a new bill section to read: "* Sec. 7. AS 15.13.090 is amended to read: Sec. 15.13.090. IDENTIFICATION OF COMMUNICATION. All advertisements, billboards, handbills, paid-for television and radio announcements and other communications intended to influence the election of a candidate or outcome of a ballot proposition or question shall be clearly identified by the words 'paid for by' followed by the name and address of the candidate, group or individual paying for the advertising. In addition, candidates and groups must identify the name of their campaign chairman or campaign treasurer." Representative Davies moved and asked unanimous consent that Amendment No. 8 be adopted. 1993-04-16 House Journal Page 1288 HB 206 Representative Mulder objected. The question being: "Shall Amendment No. 8 be adopted?" The roll was taken with the following result: CSHB 206(STA) am Second Reading Amendment No. 8 YEAS: 14 NAYS: 23 EXCUSED: 2 ABSENT: 1 Yeas: Brice, Brown, Carney, Davies, Finkelstein, Grussendorf, Hoffman, Hudson, Mackie, Menard, Nicholia, Sitton, Ulmer, Willis Nays: Barnes, Bunde, G.Davis, Foster, Green, Hanley, James, Kott, Larson, MacLean, Martin, Moses, Mulder, Nordlund, Olberg, Parnell, Phillips, Porter, Sanders, Therriault, Toohey, Vezey, Williams Excused: Davidson, B.Davis Absent: Navarre And so, Amendment No. 8 was not adopted. Amendment No. 9 was offered by Representative Davies: Page 1, line 1, after "relating" (title amendment): Insert "to primary elections, and" Page 4, following line 16: Insert new bill sections to read: "* Sec. 7. AS15.25.060 is amended to read: Sec. 15.25.060. PREPARATION AND DISTRIBUTION OF BALLOTS. The primary election ballot shall be prepared and distributed by the director in the manner prescribed for general election ballots except as specifically provided in (b) of this section [OTHERWISE] for the primary election. [THE 1993-04-16 House Journal Page 1289 HB 206 DIRECTOR SHALL PLACE THE NAMES OF ALL CANDIDATES WHO HAVE PROPERLY FILED IN GROUPS ACCORDING TO OFFICES FILED FOR, WITHOUT REGARD TO PARTY AFFILIATION. THE NAMES FOR EACH OFFICE SHALL BE ROTATED AS PROVIDED FOR THE GENERAL ELECTION BALLOT. NO BLANK SPACES SHALL BE PROVIDED ON THE BALLOT FOR THE WRITING OR PASTING IN OF NAMES.] * Sec. 8. AS15.25.060 is amended by adding a new subsection to read: (b) Notwithstanding AS15.25.010- 15.25.130, the participation in a primary election to select nominees of a political party for offices that are to be chosen at that primary election is limited to voters whose political affiliation or nonaffiliation is designated by the party's rules. The director shall prepare a separate ballot listing only the candidates of a political party and shall authorize the distribution of that ballot only to the registered voters who are eligible to vote in that party's primary under the party's rule. The names of the candidates for each office shall be rotated as provided for the general election ballot. Blank spaces may not be provided on the ballot for the writing or pasting in of names." Representative Davies moved and asked unanimous consent that Amendment No. 9 be adopted. Representative Mulder objected. The question being: "Shall Amendment No. 9 be adopted?" The roll was taken with the following result: CSHB 206(STA) am Second Reading Amendment No. 9 YEAS: 9 NAYS: 27 EXCUSED: 2 ABSENT: 2 Yeas: Carney, Davies, Finkelstein, Grussendorf, Menard, Nicholia, Nordlund, Sitton, Ulmer 1993-04-16 House Journal Page 1290 HB 206 Nays: Barnes, Brice, Brown, Bunde, G.Davis, Foster, Green, Hanley, Hoffman, Hudson, James, Kott, Larson, Mackie, MacLean, Martin, Moses, Mulder, Olberg, Parnell, Phillips, Porter, Sanders, Toohey, Vezey, Williams, Willis Excused: Davidson, B.Davis Absent: Navarre, Therriault And so, Amendment No. 9 was not adopted. Amendment No. 10 was offered by Representative Finkelstein: Page 2, following line 16: Insert a new bill section to read: "* Sec. 3. AS 15.13 is amended by adding a new section to read: Sec. 15.13.042 PERSONAL USE OF CAMPAIGN FUNDS PROHIBITED. No campaign funds may be taken as personal income except for those funds transferred to a successful candidate's office account for expenditures qualifying as business expenses under 26 USC 162." Representative Finkelstein moved and asked unanimous consent that Amendment No. 10 be adopted. Representative Mulder objected. The question being: "Shall Amendment No. 10 be adopted?" The roll was taken with the following result: CSHB 206(STA) am Second Reading Amendment No. 10 YEAS: 13 NAYS: 23 EXCUSED: 2 ABSENT: 2 Yeas: Brice, Brown, Carney, Davies, Finkelstein, Grussendorf, Hoffman, Mackie, Menard, Nicholia, Nordlund, Ulmer, Willis 1993-04-16 House Journal Page 1291 HB 206 Nays: Barnes, Bunde, G.Davis, Foster, Hanley, Hudson, James, Kott, Larson, MacLean, Martin, Moses, Mulder, Olberg, Parnell, Phillips, Porter, Sanders, Sitton, Therriault, Toohey, Vezey, Williams Excused: Davidson, B.Davis Absent: Green, Navarre And so, Amendment No. 10 was not adopted. Amendment No. 11 was offered by Representative Finkelstein: Page 4, following line 16: Insert a new bill section to read: "* Sec. 7. AS 15.56 is amended by adding a new section to read: Sec. 15.56.140. USE OF PUBLIC FUNDS PROHIBITED. The following entities may not use public funds to support or oppose the election of a candidate: (1) the state, its agencies, and its public corporations; (2) the University of Alaska; (3) municipalities; and (4) school districts and regional educational attendance areas." Representative Finkelstein moved and asked unanimous consent that Amendment No. 11 be adopted. Representative Mulder objected. The question being: "Shall Amendment No. 11 be adopted?" The roll was taken with the following result: CSHB 206(STA) am Second Reading Amendment No. 11 YEAS: 13 NAYS: 24 EXCUSED: 2 ABSENT: 1 1993-04-16 House Journal Page 1292 HB 206 Yeas: Brice, Brown, Carney, Davies, Finkelstein, Hoffman, Mackie, Menard, Nicholia, Nordlund, Sitton, Ulmer, Willis Nays: Barnes, Bunde, G.Davis, Foster, Green, Grussendorf, Hanley, Hudson, James, Kott, Larson, MacLean, Martin, Moses, Mulder, Olberg, Parnell, Phillips, Porter, Sanders, Therriault, Toohey, Vezey, Williams Excused: Davidson, B.Davis Absent: Navarre And so, Amendment No. 11 was not adopted. Amendment No. 12 was offered by Representative Finkelstein: Page 2, following line 16: Insert a new bill section to read: "* Sec. 3. AS15.13.070(a) is amended to read: (a) A person or group, including but not limited to all political committees, businesses, corporations, and labor unions, may not contribute to or expend more than $500 [$1,000] a year on behalf of or in opposition to the competing candidates for each elective office. Political parties and their subdivisions are not subject to the limitation prescribed in this subsection, but they are subject to the reporting requirements prescribed by AS15.13.040(b) and 15.13.110. This subsection [CHAPTER] does not prohibit (1) a candidate from contributing more than $500 [$1,000] of the candidate's own money to the candidate's own campaign; or (2) individuals or groups, including but not limited to all political committees, businesses, corporations, and labor unions, from contributing to or expending money on behalf of a ballot proposition or question, and individuals from contributing to or expending on behalf of a ballot proposition or question more than $500 [$1,000] a year; however, these contributions and expenditures shall be reported in accordance with AS15.13.040 and 15.13.110." 1993-04-16 House Journal Page 1293 HB 206 Renumber the following bill sections accordingly. Representative Finkelstein moved and asked unanimous consent that Amendment No. 12 be adopted. Representative Mackie objected. The question being: "Shall Amendment No. 12 be adopted?" The roll was taken with the following result: CSHB 206(STA) am Second Reading Amendment No. 12 YEAS: 11 NAYS: 25 EXCUSED: 2 ABSENT: 2 Yeas: Brice, Brown, Carney, Davies, Finkelstein, Grussendorf, Hoffman, Menard, Nordlund, Ulmer, Willis Nays: Barnes, Bunde, G.Davis, Foster, Green, Hanley, Hudson, James, Kott, Larson, Mackie, MacLean, Martin, Moses, Mulder, Olberg, Parnell, Phillips, Porter, Sanders, Sitton, Therriault, Toohey, Vezey, Williams Excused: Davidson, B.Davis Absent: Navarre, Nicholia And so, Amendment No. 12 was not adopted. Amendment No. 13 was not offered. Representative Phillips moved and asked unanimous consent that CSHB 206(STA) am be considered engrossed, advanced to third reading and placed on final passage. There being no objection, it was so ordered. CSHB 206(STA) am was read the third time. 1993-04-16 House Journal Page 1294 HB 206 The question being: "Shall CSHB 206(STA) am pass the House?" The roll was taken with the following result: CSHB 206(STA) am Third Reading Final Passage YEAS: 31 NAYS: 6 EXCUSED: 2 ABSENT: 1 Yeas: Barnes, Brown, Bunde, G.Davis, Finkelstein, Foster, Green, Grussendorf, Hanley, Hoffman, Hudson, James, Kott, Larson, Mackie, MacLean, Martin, Menard, Moses, Mulder, Nicholia, Nordlund, Olberg, Parnell, Phillips, Porter, Sanders, Therriault, Toohey, Vezey, Williams Nays: Brice, Carney, Davies, Sitton, Ulmer, Willis Excused: Davidson, B.Davis Absent: Navarre And so, CSHB 206(STA) am passed the House. Representative Ulmer gave notice of reconsideration of her vote on CSHB 206(STA) am.