Legislature(2021 - 2022)BUTROVICH 205
04/11/2022 01:30 PM Senate JUDICIARY
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| Audio | Topic |
|---|---|
| Start | |
| SB207 | |
| HB157 | |
| SB229 | |
| SB39 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| += | SB 207 | TELECONFERENCED | |
| += | SB 229 | TELECONFERENCED | |
| += | SB 39 | TELECONFERENCED | |
| += | HB 157 | TELECONFERENCED | |
| + | TELECONFERENCED | ||
HB 157-APOC; REPORT REFERENDA/RECALL CONTRIBUTOR
1:47:38 PM
CHAIR HOLLAND announced the consideration of HB 157 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."
[CSHB 157(FIN) was before the committee.]
CHAIR HOLLAND noted that this was the third hearing and the
committee adopted a committee substitute (CS), Version G, during
the previous hearing. Amendments 1 and 2 were adopted, and
Amendment 3 was withdrawn on 4/8/22.
1:48:13 PM
CHAIR HOLLAND moved to adopt Amendment 4, work order 32-
LS0669\G.4.
32-LS0669\G.4
Bullard
4/11/22
AMENDMENT 4
OFFERED IN THE SENATE BY SENATOR HOLLAND
TO: SCS CSHB 157(JUD), Draft Version "G"
Page 1, line 9, following "opinion;":
Insert "relating to penalties assessed for
campaign finance violations;"
Page 6, following line 14:
Insert new bill sections to read:
"* Sec. 13. AS 15.13.390(a) is amended to read:
(a) Subject to (e) of this section, a [A] person
who
(1) fails to register when required by
AS 15.13.050(a) or who fails to file a properly
completed and certified report within the time
required by AS 15.13.040, 15.13.060(b) - (d),
15.13.110(a)(1), (3), or (4), (e), or (f) is subject
to a civil penalty of not more than $50 a day for each
day the delinquency continues as determined by the
commission subject to right of appeal to the superior
court. A person who fails to file a properly completed
and certified report within the time required by
AS 15.13.110(a)(2) or 15.13.110(b) is subject to a
civil penalty of not more than $500 a day for each day
the delinquency continues as determined by the
commission subject to right of appeal to the superior
court;
(2) whether as a contributor or intermediary,
delays in reporting a contribution as required by
AS 15.13.040(r) is subject to a civil penalty of not more
than $1,000 a day for each day the delinquency continues as
determined by the commission subject to right of appeal to
the superior court;
(3) whether as a contributor or intermediary,
misreports or fails to disclose the true source of a
contribution in violation of AS 15.13.040(r) or
15.13.074(b) is subject to a civil penalty of not more than
the amount of the contribution that is the subject of the
misreporting or failure to disclose; upon a showing that
the violation was intentional, a civil penalty of not more
than three times the amount of the contribution in
violation may be imposed; these penalties as determined by
the commission are subject to right of appeal to the
superior court;
(4) violates a provision of this chapter, except
as otherwise specified in this section, is subject to a
civil penalty of not more than $50 a day for each day the
violation continues as determined by the commission,
subject to right of appeal to the superior court; and
(5) is assessed a civil penalty may submit to
the commission an affidavit stating facts in mitigation;
however, the imposition of the penalties prescribed in this
section or in AS 15.13.380 does not excuse that person from
registering or filing reports required by this chapter.
* Sec. 14. AS 15.13.390(d) is amended to read:
(d) When an action has been filed in the superior
court under AS 15.13.380, upon proof of the violation, the
court shall enter a judgment in the amount of the civil
penalty authorized to be collected under [BY (a) OF] this
section.
* Sec. 15. AS 15.13.390(e) is amended to read:
(e) If the commission or superior court finds that
the violation was
(1) not a repeat violation or was not part of a
series or pattern of violations, was inadvertent, was
quickly corrected, and had no adverse effect on another
[THE] campaign [OF ANOTHER], the commission or the court
may
(A) [(1)] suspend imposition of the
penalties; and
(B) [(2)] order the penalties set aside if
the person does not engage in a similar violation for
a period of one year;
(2) inadvertently committed by a candidate, the
maximum financial penalty the commission or the court may
impose may not exceed 20 percent of the total contributions
made to the candidate's campaign."
Renumber the following bill sections accordingly.
1:48:17 PM
SENATOR SHOWER objected for discussion purposes.
1:48:29 PM
CHAIR HOLLAND explained that Amendment 4 took a different
approach to accomplish the goal of Amendment 3. Under Amendment
4, penalties for candidates who made mistakes on their reports
would be limited to 20 percent of the total contributions
received by their campaigns. This limit intentionally excludes
large independent groups since they are generally well funded
with sophisticated treasurers. He stated the intent of Amendment
4 was to remove potential obstacles for candidates for making an
inadvertent mistake that could result in large fines. He
acknowledged that limiting the penalties for candidates but not
political groups might open a door for equal protection
challenges. However, the public purpose served by making this
distinction justifies this approach. In addition, individual
candidates and large political action groups are not similarly
situated, further justifying the different treatment. He
directed attention to the language on page 2 of Amendment 4.
1:49:33 PM
SENATOR MYERS stated that the language says, "inadvertently
committed by a candidate." He noted that his campaign had a
volunteer serving as the campaign treasurer who handled most of
the Alaska Public Offices Commission (APOC) reporting. He asked
whether the language included campaign staff or volunteers or
only the candidate.
1:50:19 PM
CRYSTAL KOENEMAN, Staff, Representative Sara Rasmussen , Alaska
State Legislature, Juneau, Alaska, responded by reading the
definition for "candidate" in AS 15.13.400, which read:
(1) "candidate"
(A) means an individual who files for election
to the state legislature, for governor,
for lieutenant governor, for municipal
office, for retention in judicial office,
or for constitutional convention delegate,
or who campaigns as a write-in candidate
for any of these offices; and
(B) when used in a provision of this chapter
that limits or prohibits the donation,
solicitation, or acceptance of campaign
contributions, or limits or prohibits an
expenditure, includes
(i) a candidate's campaign treasurer and a
deputy campaign treasurer;
(ii) a member of the candidate's immediate
family;
(iii) a person acting as agent for the
candidate;
(iv) the candidate's campaign committee;
and
(v) a group that makes expenditures or
receives contributions with the
authorization or consent, express or
implied, or under the control, direct
or indirect, of the candidate;
1:51:07 PM
SENATOR KIEHL related that as a casual observer of APOC, he did
not find that APOC typically fined candidates up to 20 percent
for making inadvertent mistakes. He wanted to ensure that this
amendment was offered as a bar against a future commission going
"off the rails" rather than using 20 percent as a target.
1:51:45 PM
SENATOR SHOWER said he appreciated the approach and surmised
that 20 percent for a large group was not unreasonable. He
agreed with Senator Kiehl that 20 percent should not be the
target amount.
1:52:49 PM
SENATOR SHOWER removed his objection.
CHAIR HOLLAND found no further objection, and Amendment 4 was
adopted.
1:53:16 PM
SENATOR SHOWER moved to report the Senate committee substitute
(CS) for CSHB 157, work order 32-LS0669\G, as amended, from
committee with individual recommendations and attached fiscal
note(s).
CHAIR HOLLAND found no objection, and SCS CSHB 157(JUD) was
reported from the Senate Judiciary Standing Committee.
| Document Name | Date/Time | Subjects |
|---|---|---|
| SB 229 version G.pdf |
SJUD 4/11/2022 1:30:00 PM |
SB 229 |
| SB 229 Summary of Changes (version G).pdf |
SJUD 4/11/2022 1:30:00 PM |
SB 229 |
| SB 229 Amendment G.1.pdf |
SJUD 4/11/2022 1:30:00 PM |
SB 229 |
| HB 157 Amendment #4 (G.4).pdf |
SJUD 4/11/2022 1:30:00 PM |
HB 157 |