02/10/1998 03:37 PM Senate STA

Number 142                                                                     
                                                                               
        SB 275 - FUND RAISING: GOV; LT. GOV; & CANDIDATES                      
                                                                               
CHAIRMAN GREEN brought introduced SB 275 as the next order of                  
business.  There was a proposed draft committee substitute before              
the committee for its consideration.                                           
                                                                               
SENATOR WARD moved the adoption of CSSB 275(STA), version "H".                 
Hearing no objection, the motion carried.                                      
                                                                               
PORTIA PARKER, a legislative aide to Senator Mike Miller who is the            
prime sponsor of SB 275, outlined the differences between the                  
original bill and the draft committee substitute.                              
                                                                               
In the original bill the change was conformed to current law, which            
in AS 15.13.072 separates member of the legislature and legislative            
staff but does not cover the governor, lieutenant governor, or                 
candidates for governor or lieutenant in 074.  It gets everyone                
under the same campaign financing rules, same restrictions, and                
same prohibitions during legislative session, special sessions, and            
for candidates during regular legislative sessions.  The committee             
substitute cleans up the language in the statute so that any                   
candidate, whether an incumbent or a challenger is under the same              
restrictions and rules for campaign fund raising, soliciting and               
accepting contributions during regular sessions and special                    
sessions.                                                                      
                                                                               
Ms. Parker said there is an exception in the legislation for the 90            
days immediately preceding a state election.  She explained the                
reasoning for the exception is in the case where the legislature is            
called into special session two weeks before an election.  The only            
time that there would be an exception to the ban on fund raising               
during any session, whether a regular session or a special session,            
would be when it is at least 90 days immediately preceding a state             
election.                                                                      
                                                                               
                                                                               
SENATOR WARD asked if there was any consideration given in the                 
committee substitute for that time period where the legislature has            
adjourned but the governor still has the ability to veto and stop              
a piece of legislation completely.  SENATOR MILLER acknowledged                
that it was discussed, but he pointed out that there have been some            
instances  where bills have not been transmitted to the governor               
until long after a session adjourns.  He said this approach keeps              
everyone on an equal footing.  MS. PARKER added that just keeping              
track of when an individual can fund raise or can't fund raise                 
depending on when a bill is transmitted would be an almost                     
impossible task.                                                               
                                                                               
CHAIRMAN GREEN pointed out there's only 15 days in the whole year              
after session adjourns and to the general election that would not              
fall within 90 days before an election, and she questioned if it               
necessary to keep that language in.  MS. PARKER said the only                  
reason would be to protect the potential for abuse of calling the              
legislature into session right before an election.  Without the                
exemption for the 90 days, candidates and incumbents would be                  
banned from fund raising any time the legislature was in a special             
session.  CHAIRMAN GREEN suggested it would simpler to delete                  
"special legislative session" from that language and just say                  
"...may not solicit or accept a contribution while convened in                 
regular session."  MS. PARKER acknowledged that would be fine, but             
the only reason they want this language is because it covers the               
immediate sessions right after a regular session.                              
                                                                               
SENATOR DAVE DONLEY noted that one other good reason for having                
that 90-day provision is that there is an emerging area of U.S.                
constitutional law under which the First Amendment has been                    
interpreted as prohibiting overly restrictive fund raising time                
periods and some of those cases have extended beyond a year into               
the prior election year where courts have required that candidates             
be allowed to raise money in prior years.  He believes that 90 days            
is a very conservative number of days to meet the First Amendment              
requirements that may be mandated by the courts under the U.S.                 
Constitution.                                                                  
                                                                               
BEN BROWN, staff to Senator Tim Kelly, added that the drafter of               
the legislation thought that this solves the problem of the                    
confusion with the definition of what a special session is, what a             
regular session is, and when a regular session is extended.                    
                                                                               
Number  303                                                                    
                                                                               
SENATOR MILLER suggested holding the legislation in committee until            
the following week because there was still some work being done                
with the drafter on the bill.  CHAIRMAN GREEN stated the CSSB
(STA) would be held over to the following week.