Legislature(2021 - 2022)BUTROVICH 205
04/07/2022 03:30 PM Senate STATE AFFAIRS
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| Audio | Topic |
|---|---|
| Start | |
| SB194 | |
| SB215 | |
| HB234 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| *+ | HB 234 | TELECONFERENCED | |
| *+ | SB 215 | TELECONFERENCED | |
| *+ | SB 205 | TELECONFERENCED | |
| *+ | SB 57 | TELECONFERENCED | |
| + | TELECONFERENCED | ||
| += | SB 194 | TELECONFERENCED | |
HB 234-POLITICAL CONTRIBUTION LIMITS
4:15:44 PM
VICE CHAIR REINBOLD announced the consideration of CS FOR HOUSE
BILL NO. 234(STA) am(efd fld) "An Act relating to political
contributions; 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."
4:16:15 PM
ERIK GUNDERSON, Staff, Representative Calvin Schrage, Alaska
State Legislature, presented HB 234 on behalf of the sponsor, by
reading the following sponsor statement into the record:
House Bill 234 reinstates fair, reasonable, and
constitutional political contribution limits, requires
the Alaska Public Offices Commission to increase these
limits every ten years based on Alaska's consumer
inflation rates, and limits out-of-state donations in
state and local campaigns.
Alaska has long touted strong and effective campaign
finance laws which have helped to reduce the
perception and acts of quid pro quo and corruption in
our political process. These laws have served to
promote better accountability and trust in our
elections and elected officials. Last year, the Ninth
Circuit Court of Appeals struck down the statutory
campaign contribution limits, implemented by Alaskan
voters in 2006 with 73% support, in the Thompson v
Hebdon decision.
This ruling, and the Alaska Public Offices
Commission's decision not to implement the new limits
advised by commission staff, has created legal
uncertainty and opened our state and local elections
to the threat of unlimited funds from anywhere in the
country. HB 234 creates new campaign contribution
limit laws that are in compliance with the ruling of
the Ninth Circuit Court of Appeals and Supreme Court
precedent, while ensuring limits remain constitutional
moving forward.
To accomplish this, HB 234 moves Alaska's campaign
contributions to a "per campaign period" basis,
increases the individual-to-candidate limit from $500
per year to $2,000 per campaign period and the group-
to-candidate limit from $1,000 per year to $4,000 per
campaign period, and directs the Alaska Public Office
Commission to adjust contribution limits for inflation
every 10 years. These changes address the concerns
laid out by the Ninth Circuit in their decision as
well as Supreme Court precedent while upholding the
expressed desire of Alaskan voters for fair and
reasonable contribution limits in our elections.
4:18:54 PM
VICE CHAIR REINBOLD asked Ms. Hebdon if she wanted to comment on
the Thompson v Hebdon decision.
HEATHER HEBDON, Executive Director, Alaska Public Offices
Commission, Department of Administration (DOA), said she
believes the record speaks for itself.
VICE CHAIR REINBOLD asked her to provide a summary of the
decision.
4:20:10 PM
MS. HEBDON explained that the case was remanded to the 9th
Circuit Court of Appeals where a three judge panel struck down
the individual candidate limit. The out-of-state limit was
already struck and that wasn't challenged. A third limit was
also struck down but she didn't recall the specifics.
VICE CHAIR REINBOLD asked if the result was that there is no
limit on [out-of-state contributions].
MS. HEBDON replied that is correct.
VICE CHAIR REINBOLD said she didn't realize that. She asked Mr.
Gunderson if he had anything to add.
4:21:13 PM
MR. GUNDERSON advised that the forthcoming presentation adds
depth to Ms. Hebdon's summary of the case.
4:21:57 PM
MR. GUNDERSON read the following sectional analysis for HB 234:
Section 1
Amends AS 15.13.020(j) directing the Alaska Public
Offices Commission to establish a central office that
maintains copies of reports filed with the commission
available to the public. Removes language requiring
the commission to establish a regional office in each
senate district.
Section 2
Amends AS 15.13.070(b) to change the limit an
individual may contribute to a candidate, a write-in
candidate, or to a non-group entity from $500 per year
to $2,000 per campaign period. Changes the amount an
individual may contribute to a group to $5,000 a year.
Section 3
Amends AS 15.13.070(c) to change the limit a group
that is not a political party may contribute per year
to a candidate or write-in candidate from $1,000 per
year to $4,000 per campaign period. Changes the amount
a group that is not a political party may contribute
to another group, nongroup entity, or political party
to $5,000 per year.
4:23:15 PM
Section 4
Amends AS 15.13.070(f) to change the limit a nongroup
entity may contribute to a candidate, write-in
candidate, or another nongroup entity from $1,000 per
year to $4,000 per campaign period. Changes the amount
a nongroup entity may contribute to another group or
political party to $5,000 per year.
Section 5
Amends AS 15.13.070(g) to change the limit an
individual may contribute to a joint campaign for
governor and lieutenant governor from $1,000 per year
to $4,000 per campaign period. Changes the limit a
group may contribute to a joint campaign for governor
and lieutenant governor from $2,000 per year to $8,000
per campaign period.
Section 6
Amends AS 15.13.070 to include a new subsection (h)
that states contribution limits provided under (b)(1),
(c)(2), and (f) of this section do not apply to
individuals, groups, or non-group entities
contributing to a group or nongroup entity that makes
solely independent expenditures. Amends AS 15.13.070
to include a new subsection (i) directing the Alaska
Public Offices Commission to update contribution
limits every ten years, beginning the first quarter of
2031, based on consumer inflation rates for Anchorage,
Alaska. These increases are rounded to the nearest $50
increment.
4:24:53 PM
Section 7
Amends AS 15.13.072(e) stating that a candidate may
not solicit or accept contributions from an individual
who is not an Alaska resident if the amount would
exceed 25% of the total contributions made to the
candidate during the campaign.
Section 8
Amends AS 15.13.110(i) prohibiting the Alaska Public
Offices Commission from changing the manner or format
in which a candidate must file a report during the
campaign period.
Section 9
Amends AS.15.13.400 to include a new paragraph (20)
defining "campaign period" as the period beginning on
the date a candidate becomes eligible to receive
campaign contribution and ending on the date that
candidate must file a final report.
4:26:00 PM
Section 10
Amends AS 24.45.091 to require that reports and
statements filed with the commission must be made
publicly accessible on their website.
Section 11
Amends 24.45.111(b) to require that copies of all
statements and reports filed with the commission be
preserved for a period of six years. Copies must be
maintained at the commission's central location and be
made available on the commission's internet website.
Section 12
Adds a new section stating that the retroactive
language in Section 13 does not apply to campaign
contributions made to influence the outcome of an
election that occurred on or before this bill's
effective date.
Section 13
Adds an effective date of March 3, 2022 to AS
15.13.070 (b), (c), (f), (g), (h) as amended in
Sections 2, 3, 4, 5, 6, and 9 (respectively).
4:27:07 PM
VICE CHAIR REINBOLD asked if March 3, 2022 was a retroactive
date.
MR. GUNDERSON answered yes.
SENATOR HOLLAND asked why the [individual] contribution limit
was set at $2,000.
MR. GUNDERSON replied that is the inflation adjusted amount of
the current $500 individual contribution for the next 10 years,
and it also reflects the change from per year to each
campaign period.
SENATOR HOLLAND referenced Sections 12 and 13 and asked if there
was a chance that existing donations might be affected because
some people may have already exceeded the proposed $2,000
individual limit for each campaign period. For example, somebody
might already have given the maximum $1,500 prior to December 31
and the maximum $1,500 after that date.
MR. GUNDERSON said Ms. Hebdon might have additional insight, but
his understanding in that example was that none of the donation
would need to be returned as long as the two donations were in
compliance with the APOC staff's initial advisory opinion.
VICE CHAIR REINBOLD asked Ms. Hebdon to comment.
4:29:43 PM
MS. HEBDON summarized her understanding of the question, which
was whether the division would seek to have any contributions
returned if they were made post March 3 and were over the limit
in the bill.
SENATOR HOLLAND said he was also wondering about the effect on
contributions made pre March 3. He added that he understood the
desire to address the current election, but it would be more
straight-forward if it were to become effective for the next
election cycle.
MS. HEBDON responded that APOC would not seek the return of
contributions in excess of $1,500 from anybody who was following
APOC staff guidance under the draft opinion up until March 3. If
the bill were to pass with the effective date, she said it's
likely that APOC staff would bring post March 3 excess
contributions to the commission's attention, but it was hard to
imagine "getting those funds back in the bottle, particularly
in a hectic election cycle.
SENATOR HOLLAND asked if candidates who received donations after
January 1, 2022 would have to take any $1,500 donations from the
previous year into account when calculating the $2,000 limit.
MS. HEBDON responded that based to the effective date and the
change from per year to each campaign period, contributions
in both calendar years would be considered.
4:33:01 PM
SENATOR HOLLAND asked if the provision that limits individual
contributions from nonresident doners to 25 percent of the total
contributions came from other states.
MR. GUNDERSON replied it was a floor amendment that originally
established the out-of-state contribution limit at 50 percent of
all contributions, which was in line with Ballot Measure 2. The
body amended the limit to 25 percent of all contributions.
VICE CHAIR REINBOLD stated that she interpreted Thompson v
Hebdon as a directive for the legislature to look at the
political contribution limits.
VICE CHAIR REINBOLD apologized that the slide presentation would
have to be held until the next hearing because there were
technical difficulties today.
MR. GUNDERSON thanked the committee for considering the bill.
4:36:02 PM
VICE CHAIR REINBOLD held HB 234 in committee for future
consideration.
| Document Name | Date/Time | Subjects |
|---|---|---|
| HB234 support 6 letters 4-4.pdf |
SSTA 4/7/2022 3:30:00 PM |
HB 234 |
| SB 57 Sponsor Statement.pdf |
SSTA 4/7/2022 3:30:00 PM |
SB 57 |
| SB 57 Sectional Analysis.pdf |
SSTA 4/7/2022 3:30:00 PM |
SB 57 |
| SB194.Sponsor.Statement.02.24.22.pdf |
SSTA 4/7/2022 3:30:00 PM |
SB 194 |
| SB194.Sectional.Analysis.02.24.22.pdf |
SSTA 4/7/2022 3:30:00 PM |
SB 194 |
| SB 205 Version G.PDF |
SSTA 4/7/2022 3:30:00 PM |
SB 205 |
| Sectional Analysis - DRAFT.pdf |
SSTA 4/7/2022 3:30:00 PM |
SB 205 |
| SB 205 Sponsor Statement.pdf |
SSTA 4/7/2022 3:30:00 PM |
SB 205 |
| TP_MVP_WV_CaseStudy.pdf |
SSTA 4/7/2022 3:30:00 PM |
SB 205 |
| MVP One-Pager 2022 (1).pdf |
SSTA 4/7/2022 3:30:00 PM |
SB 205 |
| MV_SecurityInfographic.pdf |
SSTA 4/7/2022 3:30:00 PM |
SB 205 |
| SB 57 Sponsor Statement.pdf |
SSTA 4/7/2022 3:30:00 PM |
SB 57 |
| SB 57 Sectional Analysis.pdf |
SSTA 4/7/2022 3:30:00 PM |
SB 57 |
| HB 234 version C Sponsor Statement.docx.pdf |
SSTA 4/7/2022 3:30:00 PM |
HB 234 |
| HB 234 version C, presentation.pdf |
SSTA 4/7/2022 3:30:00 PM |
HB 234 |
| HB 234 version C, Sectional Analysis.docx.pdf |
SSTA 4/7/2022 3:30:00 PM |
HB 234 |
| SB 215 Sponsor Statement 4.22.pdf |
SSTA 4/7/2022 3:30:00 PM |
SB 215 |
| SB 215 Sectional Analysis Version A 4.22.pdf |
SSTA 4/7/2022 3:30:00 PM |
SB 215 |
| 6 LETTERS OF SUPPORT.pdf |
SSTA 4/7/2022 3:30:00 PM |
SB 234 |