Legislature(2003 - 2004)
05/17/2003 10:38 AM House FIN
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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
CS FOR SENATE BILL NO. 119(FIN)(efd fld)
"An Act authorizing the Alaska Public Offices
Commission to issue advisory opinions; amending
campaign financial disclosure and reporting
requirements, campaign contribution limits, provisions
related to contributions after elections, and
provisions related to unused campaign contributions;
providing for expedited consideration of, and modifying
procedures for determining, violations of state
election campaign laws; amending the time period within
which to file an administrative complaint of a
violation of state election campaign laws; amending the
definitions of 'express communication' and 'political
party' for state election campaigns; amending the
registration fee for lobbyists; providing for increased
use of electronic filing for reports to the Alaska
Public Offices Commission; adding a definition of
'commission' in the regulation of lobbying laws;
amending the requirements for the reporting of
financial interests by public officials; adding a
definition of 'domestic partner' in the legislative
ethics code and in the public official financial
disclosure requirements; allowing classified employees
to take an active part in political party management;
and making conforming amendments."
BROOK MILES, EXECUTIVE DIRECTOR, ALASKA PUBLIC OFFICE
COMMISSION (APOC), testified via teleconference and provided
information on the bill. The bill provides important tools
for the Commission in obtaining its mission to ensure
accountability of candidates, public officials, and
lobbyists to the public. The legislation provides the
foundation for mandatory electronic filings under all four
laws administered by the Commission. Section 17, codifies
the way the Commission processes complaints. Under the new
procedures, most complaints, should reach their final
disposition no more than 90 days after the complaint is
filed. An expedited complaint process would be initiated.
Verified complaints could endanger the results of an
election. The bill gives the Commission authority for cease
and desist orders and allows the Commission to issue
advisory opinions (a process the Commission has practiced
since the mid 1980's). The Commission's authority to issue
advisory opinions has been in question. This tool provides
requestors clarification and allows them to avoid
complaints. The legislation increases limits under campaign
disclosure, changes reporting under campaign disclosure and
increases the reporting threshold under the financial
disclosure law. Under the changes, individuals may
contribute up to $1,000 to candidates or political action
committees and up to $10,000 to a political party.
TAPE HFC 03 - 99, Side B
Ms. Miles added that the bill changes the method of
reporting. She discussed current reporting methods, and
indicating that the original intent was for total
disclosure. Under the current SFIN version, campaigns would
report the aggregate figure for those contributors that give
less than $100 dollars. She observed that the original
proposal was for full disclosure, with all contributors
identified by their names and addresses (regardless of
amount), unless the contribution was the result of an exempt
fund raising activity. Names and addresses would be
reported for contributions over $100 but under $250.
Contributions of over $250 would require a detail report:
name, address, occupation and employer. The amount for
exempt campaigns would change from $2,500 to $5,000; fewer
people would be required to disclose at the municipal level.
The requirement for candidates to file 10-days after the
election was deleted. The reporting period for year-end
disclosure was expanded. Candidate filings on February 15,
the year after the election, would include all campaign
costs. Under the current provisions the public must wait
another calendar year for this information.
Ms. Miles noted that the legislation removes the
restriction, which prevents candidates that are unopposed on
the general election from raising money 45-days after the
primary election. These candidates would be allowed, as all
other candidates, to raise funds until 45-days after the
general election ballot. She noted that the current
provision proved unworkable. She noted that Section 18
redefined express communication, enabling issue advocacy to
be dealt with differently. Issue advocacy that is clearly to
support or oppose a candidate would be subject to the
campaign disclosure law and would be an important tool for
the Commission. She added that lobbyist registration fees
had been increased from $100 to $250 per client per year.
This is the first increase since they were enacted in 1990.
The reporting threshold for legislators and public officials
to disclose sources of income was raised from $1,000 to
$10,000. Disclosing stock holdings is streamlined by
exempting stock interest of less than $10,000 per public or
trading company.
ROGER SHANNON, KENAI, testified via teleconference and
emphasized the public importance of APOC. He suggested that
the APOC should receive proper funding.
AUDREE MCCLOUD, testified via teleconference against raising
the contribution limit. She maintained that the increase
would limit competition and bar entry, and questioned the
need for the increase.
Co-Chair Williams concluded public testimony.
CSSB 119 (FIN) HELD in Committee for further consideration.
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