Legislature(2011 - 2012)CAPITOL 106
03/15/2012 08:00 AM House STATE AFFAIRS
| Audio | Topic |
|---|---|
| Start | |
| HB333 | |
| HB219 | |
| SCR18 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| *+ | HB 333 | TELECONFERENCED | |
| + | HB 219 | TELECONFERENCED | |
| + | SCR 18 | TELECONFERENCED | |
| + | TELECONFERENCED |
HB 333-CAMPAIGN CONTRIBUTIONS/POET ACCTS
8:05:37 AM
CHAIR LYNN announced that the first order of business was HOUSE
BILL NO. 333, "An Act relating to public office expense term
accounts and public office expense term account reserves."
8:05:59 AM
REPRESENTATIVE MIKE HAWKER, Alaska State Legislature, as
sponsor, presented HB 333. In response to the chair, he noted
that the one change in the proposed committee substitute (CS),
Version 27-LS1289\B, Bullard, 2/24/12, is in subparagraph (E),
[in Section 1], on page 3, [lines 14-17], which read as follows:
(E) unused campaign contribution
transferred under this paragraph must be disposed of
as provided in (2), (3), or (5) of this subsection at
the end of the term of office immediately following
the campaign for which the contributions were
received; and
REPRESENTATIVE HAWKER said the difference is the word "at",
between "subsection" and "the end of the term"; he said the
original bill read, "by the end of the term".
8:06:51 AM
REPRESENTATIVE KELLER moved to adopt the proposed committee
substitute (CS), Version 27-LS1289\B, Bullard, 2/24/12, as a
work draft. There being no objection, Version B was before the
committee.
8:07:13 AM
REPRESENTATIVE SEATON asked for confirmation that the change to
"at" would not prevent anyone from disposing of a public office
expense term (POET) account in the approved manner before the
certain date on which the term of office ended.
8:07:55 AM
JULIE LUCKY, Staff, Representative Mike Hawker, Alaska State
Legislature, on behalf of Representative Hawker, sponsor,
referred to a memorandum from the Alaska Public Offices
Commission (APOC), included in the committee packet, which
confirmed for the sponsor that [the use of the word "at", in
Version B], would allow the disposal of POET funds to be handled
under the same regulations and guidelines as the disposal of
POET reserve funds.
8:09:12 AM
PAUL DAUPHINAIS, Executive Director, Alaska Public Offices
Commission (APOC), in response to Representative Seaton,
explained that APOC wanted the phrase "at the end of the term of
office" used, because the commission does not want people to
dispose of the funds during their term of office. He said one
appropriate method of dispersal is through a political party.
He stated, "There does exist the opportunity for the money to go
to a political party and then back to the candidate. While we
do not believe anyone would do that purposefully, we wanted to
make sure that even the perception of something like that
happening wouldn't be here." He said [the proposed language in
Version B] "deals with that appropriately by not allowing the
political party time to get it back during the campaign period."
REPRESENTATIVE SEATON expressed concern regarding the
interpretation of the language.
8:11:26 AM
REPRESENTATIVE HAWKER said the incorporation of the word "at" in
Version B would make the wording the same as in current statute.
REPRESENTATIVE SEATON said he realizes it does that, but the
purpose of the bill is to clarify what is done with POET funds.
REPRESENTATIVE HAWKER said the idea of having the transfer occur
at the end of term of office is to prevent the potential rolling
over of POET funds from candidate to political party and back to
candidate.
REPRESENTATIVE SEATON said he wants APOC on record as saying
that is the intent of this.
8:13:35 AM
MS. LUCKY stated her assumption that the proposed language means
any time after the election but before the swearing in date of
the new legislature.
8:14:05 AM
MR. DAUPHINAIS concurred with what both Representative Hawker
and Ms. Lucky articulated.
8:14:29 AM
REPRESENTATIVE HAWKER reviewed the purpose of a POET account.
He said he does not think anyone really understands why the POET
reserve account exists; therefore, it could be eliminated.
8:17:38 AM
REPRESENTATIVE GRUENBERG echoed that he does not think anyone
knows why the reserve account is necessary. He mentioned that
APOC is planning to update its legislative financial disclosure
(LFD). In response to the sponsor, he explained that he was
imparting information related to easing "our" burden without
sacrificing financial disclosure.
8:20:46 AM
CHAIR LYNN, after ascertaining that there was no one else who
wished to testify, closed public testimony.
8:20:57 AM
REPRESENTATIVE SEATON moved to adopt Amendment 1, which read as
follows [original punctuation provided]:
Page 1, line 1, following "Act":
Insert "relating to the disposition of certain
unused campaign contributions; and"
Page 3, line 27:
Delete "and"
Insert "[AND]"
Page 3, line 28, following "$5,000":
Insert "; and
(E) unused campaign contributions
transferred under this paragraph must be disposed of
as provided in (2), (3), or (5) of this subsection at
the end of the term of office immediately following
the campaign for which the contributions were
received"
REPRESENTATIVE JOHANSEN objected for the purpose of discussion.
REPRESENTATIVE SEATON said there are municipal POET accounts,
and Amendment 1 clarifies that municipal POET accounts would be
covered under the same rules as legislative POET accounts.
8:22:04 AM
REPRESENTATIVE HAWKER said he welcomes Amendment 1.
8:22:15 AM
REPRESENTATIVE GRUENBERG said Mr. Dauphinais had recommended the
amendment.
CHAIR LYNN removed his objection. There being no further
objection, Amendment 1 was adopted.
8:22:43 AM
REPRESENTATIVE GRUENBERG moved to report CSHB 333, Version 27-
LS1289, Bullard, 2/24/12, as amended, out of committee with
individual recommendations and the accompanying fiscal notes.
There being no objection, CSHB 333(STA) was reported out of the
House State Affairs Standing Committee.