Legislature(2011 - 2012)CAPITOL 120
04/12/2012 01:00 PM House JUDICIARY
| Audio | Topic |
|---|---|
| Start | |
| SB210 | |
| HB355 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| += | SB 210 | TELECONFERENCED | |
| + | HB 355 | TELECONFERENCED | |
| + | TELECONFERENCED |
HB 355 - APOC: MEMBERSHIP; USE OF REPORT INFO
2:40:14 PM
VICE CHAIR THOMPSON announced that the final order of business
would be HOUSE BILL NO. 355, "An Act relating to the membership
of, and member qualifications for, the Alaska Public Offices
Commission; prohibiting certain uses of names and addresses
contained in certain reports to the commission; and providing
for an effective date." [Before the committee was CSHB
355(STA).]
2:40:51 PM
REPRESENTATIVE DAVID GUTTENBERG, Alaska State Legislature,
sponsor, explained that HB 355 would alter the statute
pertaining to the Alaska Public Offices Commission (APOC) - AS
15.13.020 - such that its members would be required to have
experience working on political campaigns and [complying with]
the reporting requirements of AS 15.13, the statute pertaining
to state election campaigns. Members serving on other boards
and commissions are required to have experience in the industry
they have purview over; in contrast, members of the APOC are
currently appointed without regard to experience. House
Bill 355 would ensure that APOC members understand the
intricacies of campaigning. He noted that CSHB 355(STA) no
longer contains a provision [that would have prohibited certain
uses of names and addresses of persons making contributions or
expenditures contained in reports and statements filed with the
APOC].
The committee took an at-ease from 2:44 p.m. to 2:45 p.m.
2:45:25 PM
REPRESENTATIVE GRUENBERG made a motion to adopt [Conceptual]
Amendment 1, a hand-altered version of an amendment labeled 27-
LS1388\D.2, Bullard, 4/12/12, which, after alteration, read:
Page 1, line 2, following "Commission;":
Insert "relating to candidate forums and
contributions in state election campaigns;"
Page 4, following line 6:
Insert new bill sections to read:
"* Sec. 11. AS 15.13.150 is amended to read:
Sec. 15.13.150. Election educational activities
not prohibited. This chapter does not prohibit a
person from engaging in educational election-related
communications and activities, including
(1) the publication of the date and
location of an election;
(2) the education of students about voting
and elections;
(3) the sponsorship of [OPEN] candidate
debate forums open to the public;
(4) participation in get-out-the-vote or
voter registration drives that do not favor a
particular candidate, political party, or political
position;
(5) the dissemination of the views of all
candidates running for a particular office.
* Sec. 12. AS 15.13.400(4) is amended to read:
(4) "contribution"
(A) means a purchase, payment, promise or
obligation to pay, loan or loan guarantee, deposit or
gift of money, goods, or services for which charge is
ordinarily made, and includes the payment by a person
other than a candidate or political party, or
compensation for the personal services of another
person, that is rendered to the candidate or political
party, and that is made for the purpose of
(i) influencing the nomination or election
of a candidate;
(ii) influencing a ballot proposition or
question; or
(iii) supporting or opposing an initiative
proposal application filed with the lieutenant
governor under AS 15.45.020;
(B) does not include
(i) services provided without compensation
by individuals volunteering a portion or all of their
time on behalf of a political party, candidate, or
ballot proposition or question;
(ii) ordinary hospitality in a home;
(iii) two or fewer mass mailings before
each election by each political party describing the
party's slate of candidates for election, which may
include photographs, biographies, and information
about the party's candidates;
(iv) the results of a poll limited to
issues and not mentioning any candidate, unless the
poll was requested by or designed primarily to benefit
the candidate;
(v) any communication in the form of a
newsletter from a legislator to the legislator's
constituents, except a communication expressly
advocating the election or defeat of a candidate or a
newsletter or material in a newsletter that is clearly
only for the private benefit of a legislator or a
legislative employee; [OR]
(vi) a fundraising list provided without
compensation by one candidate or political party to a
candidate or political party; or
(vii) an opportunity to participate in a
candidate debate forum provided to a candidate without
compensation to the candidate by another person and
for which a candidate is not ordinarily charged;"
Renumber the following bill sections accordingly.
REPRESENTATIVE HOLMES objected for the purpose of discussion.
REPRESENTATIVE GRUENBERG - referring to a letter dated April 2,
2012, from the APOC, and a memorandum dated April 10, 2012, from
Legislative Legal and Research Services - explained that by
adding two new sections that would respectively amend
AS 15.13.150(3) and AS 15.13.400(4)(B), Conceptual Amendment 1
would clarify that a permitted election-educational-activity
could include the sponsorship of candidate debate forums that
are open to the public, and that the term, "contribution" as
used in AS 15.13 does not include providing a candidate with an
opportunity to participate without compensation in a candidate
debate forum for which he/she is not ordinarily charged. In
conclusion, he mentioned that the drafter has indicated to him
that the alteration included in Conceptual Amendment 1 was
acceptable.
REPRESENTATIVE LYNN expressed interest in having Amendment 1's
proposed change to AS 15.13.400(4)(B) apply to all candidate
forums, not just those involving debate.
REPRESENTATIVE GRUENBERG made a motion to amend Conceptual
Amendment 1 such that the word "debate" would be deleted from
its proposed change to AS 15.13.400(4)(B). There being no
objection, Conceptual Amendment 1 was amended.
REPRESENTATIVE GUTTENBERG, in response to a question, indicated
that he was amenable to Conceptual Amendment 1, as amended.
REPRESENTATIVE HOLMES removed her objection.
VICE CHAIR THOMPSON announced that Conceptual Amendment 1, as
amended, was adopted.
2:52:50 PM
REPRESENTATIVE LYNN opined that unless one has been a candidate,
one can't really understand what's involved with running for
office, and characterized HB 355 as a good bill.
REPRESENTATIVE HOLMES - remarking that many APOC violations stem
from difficulties with filling out the required paperwork, and
surmising that APOC members with campaign experience could
suggest ways of improving [the system] - opined that HB 355
strikes a really good balance, and characterized it as a really
good bill.
REPRESENTATIVE GUTTENBERG, in response to a question, explained
that HB 355 would temporarily add two nonvoting advisory members
to the APOC - accounted for in the APOC's fiscal note - but
makes no other changes to the APOC's procedures. It is
anticipated that by the time both of those temporary positions
[sunset], that the voting members would have the requisite
campaign experience. In response to further questions, he
indicated that under both existing law and the bill, all [but
one of] the members of the APOC must, in equal numbers, be
members of one of the two political parties whose gubernatorial
candidate received the highest number of votes at the most
recent preceding general election at which a governor was
elected; and appointments to the APOC are subject to legislative
confirmation.
2:59:53 PM
PAUL DAUPHINAIS, Executive Director, Alaska Public Offices
Commission (APOC), Department of Administration (DOA), relayed
that the points he was going to make about HB 355 have already
been addressed.
VICE CHAIR THOMPSON, after ascertaining that no one else wished
to testify, closed public testimony on HB 355.
3:01:38 PM
REPRESENTATIVE KELLER moved to report CSHB 355(STA), as amended,
out of committee with individual recommendations and the
accompanying fiscal notes. There being no objection,
CSHB 355(JUD) was reported from the House Judiciary Standing
Committee.
| Document Name | Date/Time | Subjects |
|---|---|---|
| 01 CSHB 355 (STA) version I.pdf |
HJUD 4/12/2012 1:00:00 PM HSTA 4/10/2012 8:00:00 AM |
HB 355 |
| HCS CSSB210 ver O.pdf |
HJUD 4/12/2012 1:00:00 PM |
SB 210 |
| 02 HB 355 Sponsor Statement -- FINAL.pdf |
HJUD 4/12/2012 1:00:00 PM HSTA 4/10/2012 8:00:00 AM |
HB 355 |
| 03 HB 355 - Sectional Analysis -- FINAL.pdf |
HJUD 4/12/2012 1:00:00 PM HSTA 4/10/2012 8:00:00 AM |
HB 355 |
| 04 HB 355 explanation of changes to CSHB 355.pdf |
HJUD 4/12/2012 1:00:00 PM HSTA 4/10/2012 8:00:00 AM |
HB 355 |
| 05 HB355-DOA-APOC-4-9-12.pdf |
HJUD 4/12/2012 1:00:00 PM HSTA 4/10/2012 8:00:00 AM |
HB 355 |
| CSHB 355 (STA) Amendment for HJUD.pdf |
HJUD 4/12/2012 1:00:00 PM |
HB 355 |
| HB 355 Legislative Legal Memo.pdf |
HJUD 4/12/2012 1:00:00 PM |
HB 355 |
| HB 355 Regulation.pdf |
HJUD 4/12/2012 1:00:00 PM |
HB 355 |
| HB 355 Statute.pdf |
HJUD 4/12/2012 1:00:00 PM |
HB 355 |
| HB 355 APOC.pdf |
HJUD 4/12/2012 1:00:00 PM |
HB 355 |
| HCS CSSB210 ver U.pdf |
HJUD 4/12/2012 1:00:00 PM |
SB 210 |
| HCS CSSB 210 (JUD) version U Memo.pdf |
HJUD 4/12/2012 1:00:00 PM |
SB 210 |
| CS for SB 210 (JUD) Amendment for Version U.pdf |
HJUD 4/12/2012 1:00:00 PM |
SB 210 |