Legislature(2021 - 2022)GRUENBERG 120
04/27/2021 03:00 PM House STATE AFFAIRS
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| Audio | Topic |
|---|---|
| Start | |
| HB163 | |
| HB102 | |
| HB157 | |
| HB118 | |
| HB5 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| + | HB 163 | TELECONFERENCED | |
| += | HB 102 | TELECONFERENCED | |
| += | HB 157 | TELECONFERENCED | |
| += | HB 118 | TELECONFERENCED | |
| += | HB 5 | TELECONFERENCED | |
| + | TELECONFERENCED | ||
HB 157-APOC; REPORT REFERENDA/RECALL CONTRIBUTOR
3:36:02 PM
CHAIR KREISS-TOMKINS announced that the next order of business
would be 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."
CHAIR KREISS-TOMKINS opened public testimony. After
ascertaining the no one wished to testify, he closed public
testimony.
3:36:46 PM
CRYSTAL KOENEMAN, Staff, Representative Sara Rasmussen, Alaska
State Legislature, on behalf of Representative Rasmussen, prime
sponsor of HB 157, stated that additional documents had been
disbursed to the committee in response to questions from the
previous bill hearing. She specifically referenced the flow
chart, which outlined the various reporting requirements for
candidates, initiatives, recalls, and referendums.
3:37:46 PM
CHAIR KREISS-TOMKINS welcomed questions from the committee.
3:38:29 PM
MS. KOENEMAN, in response to Representative Kaufman, provided an
overview of the flow chart on page 4 of the document titled,
"Additional Info - Response to STA" [included in the committee
packet]. She explained that for candidates, the expenditures
and contribution tracking began when they declared their
candidacy and paid the initial fee to the Division of Elections
(DOE). Similarly, for initiatives, the expenditures and
contribution tracking began when the initial application was
properly filed with the lieutenant governor through DOE. For
recalls, the expenditures and contributions began if and when a
special election was called, which was the final step in the
process. Lastly, for referendums, the expenditures and
contribution tracking began when it appeared on the ballot of
the first statewide primary, general, or special election held
more than 180 days after adjournment of the legislative session
at which the act was passed. Consequently, she pointed out that
if the funding gathered for a recall or referendum was expended
prior to certification, it would never be reported.
3:42:05 PM
REPRESENTATIVE CLAMAN, in reference to the last step of the
referendum process, sought to clarify what "180 days after
adjournment of the legislative session" meant specifically.
MS. KOENEMAN said she was unsure.
3:43:28 PM
HEATHER HEBDON, Executive Director, Alaska Public Offices
Commission, explained that the process of getting a recall or
referendum on the ballot was not overseen by APOC; therefore,
she could not offer further clarity.
MS. KOENEMAN surmised that it was at the end of the full
legislative session. Nonetheless, she offered to verify with
DOE.
3:44:30 PM
REPRESENTATIVE VANCE, in reference to the flow chart, sought to
confirm that the proposed legislation would move the reporting
requirements from the final step to the first step for recalls
and referendums.
MS. KOENEMAN confirmed. She said the bill would align the
reporting requirements for recalls and referendums with that of
candidates and initiatives; therefore, the reporting would
commence at the beginning.
3:44:59 PM
REPRESENTATIVE EASTMAN referred to the language on page 6, lines
15-16, which read, "(iii) a recall application under AS
15.45.480 or who file a recall application under AS 15.45.480;".
He opined that the language appeared duplicative and asked why
it was drafted in that way.
MS. KOENEMAN explained that the language was referencing any
group of two or more individuals who organized [for] the purpose
of filing a recall or those who had filed a recall application.
She noted that it was conforming language, as recommended by the
drafters.
REPRESENTATIVE EASTMAN questioned whether this language would
apply to "anyone who files a group to put forward a recall
application."
MS. KOENEMAN answered yes. She expounded that any groups, non-
group entities, individuals, persons, and etcetera that this
language applied to would be subject to the modified reporting
requirements.
3:47:40 PM
MS. KOENEMAN, in response to a question from Representative
Eastman, explained that current statute specified a threshold of
$500. She elaborated that the reporting requirements would
commence when the initiative, committee, person, group, or non-
group entity received contributions exceeding $500 or expended
more than $500. Additionally, she said there was a threshold of
$5,000 for candidates.
REPRESENTATIVE EASTMAN asked whether the bill sponsor had
considered bringing the $500 threshold up to $5,000.
MS. KOENEMAN said the bill sponsor was not interested in
modifying the existing structure. She indicated that the goal
was to align statutes so the requirements would be identifiable
across the board.
CHAIR KREISS-TOMKINS informed the committee that an amendment
had come in after the deadline due to an administrative error.
Given that the sponsor of the amendment was on the next
committee of referral, he said his preference was not to
consider the amendment. Nonetheless, he invited Representative
Vance to highlight any themes or policy issues that members
should be aware of, given that many of them would also be in the
next committee of referral.
3:50:48 PM
REPRESENTATIVE VANCE explained that she had spoken with the bill
sponsor about adding municipalities to the statute, so that
there would be consistent transparency statewide. She conveyed
that municipalities could choose to follow statutory reporting
requirements or not; therefore, this would not impose the
requirements on a municipality that had not already elected to
follow the statutory guidelines. She believed the amendment
would merit a conversation.
CHAIR KREISS-TOMKINS said he looked forward to potentially
having that conversation in the near future.
3:52:21 PM
REPRESENTATIVE EASTMAN opined that the bill would "[lump] a lot
of things together into one basket." He shared his
understanding that recalls were of a different nature because
there had not been a successful recall from office. He believed
that the reporting requirements for recalling a governor or
lieutenant governor would not make sense for the recall of a
local official, for example, because there were less resources
available for those efforts. He indicated that he was hesitant
to move forward with the proposed legislation. He concluded
that citizens should be able to organize the recall of a local
official without involving attorneys with deep pockets.
3:54:56 PM
REPRESENTATIVE KAUFMAN inquired about the relative dollar
amounts and questioned putting them in statute due to inflation.
He believed that political issues related to money were
associated with larger amounts than $500 or $5,000. Therefore,
he suggested reconciling the financial thresholds to allow
grassroots efforts to organize without being "bogged down" with
higher level accounting.
CHAIR KREISS-TOMKINS said he appreciated the legislation;
further, he acknowledged the comments from Representatives
Eastman and Kaufman, adding that there were good conversations
to be had about the appropriate level of reporting and
regulation for small, grassroot political efforts.
3:56:30 PM
REPRESENTATIVE CLAMAN moved to report HB 157 out of committee
with individual recommendations and the accompanying fiscal
notes. Without objection, HB 157 was moved out of the House
State Affairs Standing Committee.