Legislature(2021 - 2022)BUTROVICH 205
03/28/2022 01:30 PM Senate JUDICIARY
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| Audio | Topic |
|---|---|
| Start | |
| SB34 | |
| SB214 | |
| HB157 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| = | SB 34 | ||
| SB 214 | |||
| HB 157 | |||
| + | TELECONFERENCED | ||
HB 157-APOC; REPORT REFERENDA/RECALL CONTRIBUTOR
2:53:17 PM
CHAIR HOLLAND 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."
2:53:59 PM
REPRESENTATIVE SARA RASMUSSEN, Alaska State Legislature, Juneau,
Alaska, paraphrased the sponsor statement.
[Original punctuation provided.]
House Bill 157 moves the statutory boundary for
disclosing certain contributions and expenditures from
those made to influence a referendum or recall
election to an earlier point in the statutory process.
It will require the reporting of certain campaign
finance activity prior to the collection of
signatures. This will align both the recall/referendum
reporting requirements with reporting requirements for
ballot initiatives.
Aligning reporting requirements will help the
electorate make informed decisions, impose varying
requirements based on type and level of advocacy, and
otherwise embody the features that the Ninth Circuit
identified in electioneering disclosure laws that
survive exacting scrutiny under the First Amendment.
According to Legislative Legal, "this bill's expansion
of disclosure requirements in the recall and
referendum context will likely survive a First
Amendment challenge."
House Bill 157 will streamline reporting requirements
to regain and maintain the public's trust in our
election process.
2:55:11 PM
CRYSTAL KOENEMAN, Staff, Representative Sara Rasmussen, Alaska
State Legislature, Juneau, Alaska, presented the sectional
analysis for HB 157 on behalf of the sponsor.
[Original punctuation provided.]
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.
2:56:11 PM
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."
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.
2:57:22 PM
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.
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 4 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.)
2:58:09 PM
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.
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.
Sections 19: Provides for a January 1, 2022 effective
date.
2:59:47 PM
SENATOR MYERS referred to Section 6, page 4, lines 29-30, which
would exclude recall applications and recall questions from the
reporting requirements. He asked why the bill treats initiatives
and referenda differently from recall petitions.
MS. KOENEMAN responded that this section deals with
propositions, so there is a difference between ballot
propositions, initiatives, and recall petitions. It clearly
states what is included within that ballot proposition.
3:00:36 PM
SENATOR KIEHL offered his view that it was a good bill on the
whole. He referred to Section 8 on page 5. He recalled that
before the bill, the maximum amount for a cash contribution to a
campaign was $100 in the last 18 months, and this changed it to
a calendar year. He asked whether, hypothetically, a campaign
could take in twice as much cash from an individual.
REPRESENTATIVE RASMUSSEN answered that this lines it up with
what was previously the $100 cash limit to keep parity between
candidates on the cash rule. Obviously, that may have been
challenged by recent APOC and Judiciary announcements. She
anticipated that Ms. Koeneman could expand on that ruling.
3:02:00 PM
MS. KOENEMAN related her understanding that APOC has interpreted
the statutes as a calendar year because the statutes don't
identify a date, so APOC's practice will not change under the
bill.
3:02:33 PM
SENATOR KIEHL noted that while limits on cash contributions are
important, he did not believe the difference between $100 and
$200 increases the risk for corruption. He directed attention to
Section 10, lines 24-25, related to a committee or group
supporting or opposing a recall of a public official in a
statewide election, or a recall application filed under AS
15.45.480. He asked why it would apply to both because AS
15.45.480 includes the governor and lieutenant governor in
statewide elections.
3:03:31 PM
REPRESENTATIVE RASMUSSEN offered her belief that this would
apply to legislative candidates and statewide elections. She
recalled that the House floor debated about whether to apply
this to statewide elections but decided all statewide and
legislative candidates should have similar reporting rules.
3:04:03 PM
SENATOR KIEHL acknowledged that he had missed that aspect.
3:04:16 PM
SENATOR SHOWER stated that he would review the bill to ensure
that nothing was missed in terms of reporting requirements. He
echoed Senator Kiehl's assessment that HB 157 is a good bill.
3:05:47 PM
REPRESENTATIVE RASMUSSEN offered her willingness to examine the
bill to identify any provisions that need to be updated. For
example, it might be appropriate to consider some reporting
requirement dates. Currently, individual campaigns must file
reports in the middle of the legislative session. However, these
reporting requirements coincide with the budget process. After
discussing this with APOC, the commission agreed that some of
those reporting dates could be adjusted to achieve transparency
but not interfere with legislative budget deliberations.
3:05:55 PM
CHAIR HOLLAND held HB 157 in committee.
| Document Name | Date/Time | Subjects |
|---|---|---|
| HB157 Sectional Analysis 021522.pdf |
SJUD 3/28/2022 1:30:00 PM SSTA 3/1/2022 3:30:00 PM |
HB 157 |
| HB157 Sponsor Statement 033121.pdf |
SJUD 3/28/2022 1:30:00 PM SSTA 3/1/2022 3:30:00 PM |
HB 157 |
| HB 157 Fiscal Note.PDF |
SJUD 3/28/2022 1:30:00 PM SSTA 3/1/2022 3:30:00 PM |
HB 157 |
| HB 157 Legislative Legal Memo 3.31.21.pdf |
SJUD 3/28/2022 1:30:00 PM SSTA 3/1/2022 3:30:00 PM |
HB 157 |
| SB 214 Sponsor Statement 2.28.22.pdf |
SJUD 3/28/2022 1:30:00 PM SSTA 3/10/2022 3:30:00 PM |
SB 214 |
| Legal Memo 2-17-22.pdf |
SJUD 3/28/2022 1:30:00 PM SSTA 3/22/2022 3:30:00 PM |
SB 214 |
| SB 34 Amendment G.1.pdf |
SJUD 3/28/2022 1:30:00 PM |
SB 34 |
| SB 34 Amendment G.2.pdf |
SJUD 3/28/2022 1:30:00 PM |
SB 34 |
| SB 34 Amendment G.3.pdf |
SJUD 3/28/2022 1:30:00 PM |
SB 34 |