Legislature(2021 - 2022)BUTROVICH 205
03/03/2022 03:30 PM Senate STATE AFFAIRS
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| Audio | Topic |
|---|---|
| Start | |
| SB145 | |
| SB136 | |
| SR3 | |
| HB157 | |
| SB115 | |
| SB161 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ 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 | |
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.
| 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 |