Legislature(2013 - 2014)CAPITOL 120

04/05/2013 01:00 PM House JUDICIARY


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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+= HB 3 PHOTO IDENTIFICATION VOTING REQUIREMENT TELECONFERENCED
Heard & Held
+= HB 104 ELECTION PROCEDURES; REAA ADVISORY BOARDS TELECONFERENCED
Moved CSHB 104(2d JUD) Out of Committee
+ Bills Previously Heard/Scheduled TELECONFERENCED
+= HB 173 RESTRICT MEDICAID PAYMENT FOR ABORTIONS TELECONFERENCED
Moved Out of Committee
+= HJR 10 CONST. AM: TRANSPORTATION FUND TELECONFERENCED
Moved CSHJR 10(JUD) Out of Committee
- Time permitting
       HB 104 - ELECTION PROCEDURES; REAA ADVISORY BOARDS                                                                   
                                                                                                                                
1:21:31 PM                                                                                                                    
                                                                                                                                
CHAIR KELLER announced  that the next order of  business would be                                                               
HOUSE BILL  NO. 104, "An  Act relating to election  practices and                                                               
procedures; relating to the election  of an advisory school board                                                               
in a regional  educational attendance area; and  providing for an                                                               
effective date."  [Before the committee was CSHB 104(JUD).]                                                                     
                                                                                                                                
CHAIR  KELLER noted  that the  bill, as  amended, was  previously                                                               
reported  from the  House Judiciary  Standing Committee,  but was                                                               
then referred back to the committee for additional amendments.                                                                  
                                                                                                                                
CHAIR KELLER turned the gavel over to Vice Chair Lynn.                                                                          
                                                                                                                                
1:23:04 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  PRUITT  made  a  motion  to  adopt  Amendment  1,                                                               
labeled 28-GH1983\R.5, Bullard, 4/4/13, which read:                                                                             
                                                                                                                                
     Page 7, line 19:                                                                                                           
          Delete "second"                                                                                                   
          Insert "third"                                                                                                    
                                                                                                                                
REPRESENTATIVE GRUENBERG objected.                                                                                              
                                                                                                                                
REPRESENTATIVE  PRUITT  explained  that  Amendment  1's  proposed                                                               
change  to Section  19 of  the bill  was requested  because of  a                                                               
concern  that   one  of  the  unintended   consequences  of  that                                                               
section's proposal to move the  date of the primary election from                                                               
the  fourth Tuesday  in August  to the  second Tuesday  in August                                                               
would  be that  ballot initiatives  would  be voted  upon in  the                                                               
general election rather  than in the primary election.   This was                                                               
not the  intent, however, and  so Amendment 1 would  address this                                                               
concern  by instead  proposing to  move the  date of  the primary                                                               
election to the third Tuesday in August.                                                                                        
                                                                                                                                
1:24:14 PM                                                                                                                    
                                                                                                                                
GAIL FENUMIAI,  Director, Central Office, Division  of Elections,                                                               
Office of  the Lieutenant Governor, concurred  that Amendment 1's                                                               
proposed change would ensure that  ballot initiatives would still                                                               
be voted upon in the primary  election.  In response to questions                                                               
and  comments,  she explained  that  the  division had  initially                                                               
proposed moving  the date of  the primary election to  the second                                                               
Tuesday  in  August for  administrative  purposes  - seeking  two                                                               
extra weeks in which to  prepare ballots for the general election                                                               
- but had not given any  consideration to the impact the proposed                                                               
change would  have on ballot  initiatives; assured  the committee                                                               
that  being  given even  just  the  one  extra week  between  the                                                               
primary  election  and the  general  election  as proposed  under                                                               
Amendment 1 would still be  helpful to the division; relayed that                                                               
statistically, a  lot more  people vote  in the  general election                                                               
than  in the  primary election;  and acknowledged  therefore that                                                               
retaining Section  19 as currently  written, resulting  in ballot                                                               
initiatives  being  voted upon  in  the  general election,  could                                                               
possibly   also  result   in   more  people   voting  on   ballot                                                               
initiatives.                                                                                                                    
                                                                                                                                
REPRESENTATIVE PRUITT shared his  belief, however, that only when                                                               
voted upon  during a  primary election  is a  ballot initiative's                                                               
proposed change comprehended by the voters.                                                                                     
                                                                                                                                
REPRESENTATIVE LEDOUX  expressed a  preference for  addressing at                                                               
some other time the policy  question of whether to require ballot                                                               
initiatives  to be  voted  upon  in the  general  election.   She                                                               
therefore indicated support for Amendment 1.                                                                                    
                                                                                                                                
REPRESENTATIVE  GRUENBERG -  offering  his  recollection that  up                                                               
until just  a few years  ago, ballot initiatives were  voted upon                                                               
in the general  election - indicated a  preference for addressing                                                               
the policy  question now, particularly  given that  [not adopting                                                               
Amendment  1]  could  result  in more  people  voting  on  ballot                                                               
initiatives,  because  a lot  more  people  vote in  the  general                                                               
election.   He  opined that  voters in  the general  election are                                                               
indeed capable  of comprehending  a ballot  initiative's proposed                                                               
change.                                                                                                                         
                                                                                                                                
A  roll call  vote was  taken.   Representatives Pruitt,  Foster,                                                               
LeDoux,  and  Lynn  voted  in  favor  of  adopting  Amendment  1.                                                               
Representative   Gruenberg   voted   against  it.      Therefore,                                                               
Amendment 1 was adopted by a vote of 4-1.                                                                                       
                                                                                                                                
1:40:14 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  PRUITT  made  a  motion  to  adopt  Amendment  2,                                                               
labeled 28-GH1983\R.4, Bullard, 4/1/13, which read:                                                                             
                                                                                                                                
     Page 1, line 2, following "expenditures;":                                                                               
          Insert "relating to identification requirements                                                                     
     for a communication paid for by a political party;"                                                                      
                                                                                                                                
     Page 3, following line 30:                                                                                                 
          Insert new bill sections to read:                                                                                     
        "* Sec. 7. AS 15.13.090(a) is amended to read:                                                                      
          (a)  All communications shall be clearly                                                                              
     identified by the  words "paid for by"  followed by the                                                                    
     name  and   address  of  the  person   paying  for  the                                                                    
     communication. In  addition, except as provided  by (d)                                                                    
     of this section, a person shall clearly                                                                                    
               (1)  provide the person's address or the                                                                         
     person's principal place of business;                                                                                      
               (2)  for a person other than an individual                                                                       
     or candidate, include                                                                                                      
               (A)  the name and title of the person's                                                                          
     principal officer;                                                                                                         
               (B)  a statement from the principal officer                                                                      
     approving the communication; and                                                                                           
               (C)  unless the person is a political party,                                                                 
        identification of the name and city and state of                                                                        
     residence   or   principal   place  of   business,   as                                                                    
     applicable,  of  each  of the  person's  three  largest                                                                    
     contributors under  AS 15.13.040(e)(5), if  any, during                                                                    
     the   12-month   period   before  the   date   of   the                                                                    
     communication.                                                                                                             
        * Sec. 8. AS 15.13.090(c) is amended to read:                                                                         
          (c)  To satisfy the requirements of (a)(1) of                                                                         
     this  section and,  if  applicable,  (a)(2)(C) of  this                                                                    
     section,  a  communication  that includes  a  print  or                                                                    
     video component  must have  the following  statement or                                                                    
     statements  placed in  the communication  so  as to  be                                                                    
     easily  discernible;   the  second  statement   is  not                                                                
     required  if the  person paying  for the  communication                                                                
     has no contributors or is a political party:                                                                           
     This communication  was paid for by  (person's name and                                                                    
     city  and state  of principal  place of  business). The                                                                    
     top contributors  of (person's name) are  (the name and                                                                    
     city  and  state of  residence  or  principal place  of                                                                    
     business,  as applicable,  of the  largest contributors                                                                    
     to the person under AS 15.13.090(a)(2)(C)).                                                                                
        * Sec. 9. AS 15.13.090(d) is amended to read:                                                                         
          (d)  Notwithstanding the requirements of (a) of                                                                       
     this  section, in  a communication  transmitted through                                                                    
     radio or other audio media  and in a communication that                                                                    
     includes an  audio component, the  following statements                                                                    
     must  be read  in a  manner that  is easily  heard; the                                                                    
     second statement  is not required if  the person paying                                                                    
     for  the  communication has  no  contributors  or is  a                                                                
     political party:                                                                                                       
     This  communication was  paid for  by (person's  name).                                                                    
     The top  contributors of (person's name)  are (the name                                                                    
     of  the  largest  contributors   to  the  person  under                                                                    
     AS 15.13.090(a)(2)(C))."                                                                                                   
                                                                                                                                
     Renumber the following bill sections accordingly.                                                                          
                                                                                                                                
REPRESENTATIVE  PRUITT indicated  that Amendment  2 would  exempt                                                               
political parties from the existing  statutory requirement [in AS                                                               
15.13.090]  that  when  paying  for a  communication,  the  three                                                               
largest contributors  shall be  identified in  the communication.                                                               
He offered his  understanding that the top  two political parties                                                               
in  Alaska  aren't  complying  with  that  statutory  requirement                                                               
anyway,  and  opined  that  they shouldn't  have  to,  since  the                                                               
political  party  paying  for  a  communication  would  still  be                                                               
identified.                                                                                                                     
                                                                                                                                
REPRESENTATIVE  GRUENBERG expressed  disfavor with  Amendment 2's                                                               
proposed  change  because it  would  result  in less  disclosure;                                                               
Amendment 2 would allow political  parties to conceal information                                                               
from the voters.                                                                                                                
                                                                                                                                
REPRESENTATIVE PRUITT disagreed.                                                                                                
                                                                                                                                
1:48:03 PM                                                                                                                    
                                                                                                                                
PAUL  DAUPHINAIS,  Executive   Director,  Alaska  Public  Offices                                                               
Commission  (APOC),   Department  of  Administration   (DOA),  in                                                               
response   to   questions,   offered   his   understanding   that                                                               
Amendment 2  would result  in  political  parties being  exempted                                                               
from the  existing statutory requirement  that when paying  for a                                                               
communication,   the   three   largest  contributors   shall   be                                                               
identified in the communication.   The political party paying for                                                               
such  a  communication,  however,   would  still  be  statutorily                                                               
required to be identified.                                                                                                      
                                                                                                                                
REPRESENTATIVE GRUENBERG, mentioning that  he would be conducting                                                               
further research,  relayed that  he would  be voting  against the                                                               
adoption of Amendment 2 at this time.                                                                                           
                                                                                                                                
A  roll  call vote  was  taken.   Representatives  Lynn,  Pruitt,                                                               
Foster,  and  LeDoux voted  in  favor  of adopting  Amendment  2.                                                               
Representative   Gruenberg   voted   against  it.      Therefore,                                                               
Amendment 2 was adopted by a vote of 4-1.                                                                                       
                                                                                                                                
VICE CHAIR  LYNN, after ascertaining  that no one else  wished to                                                               
testify, closed public testimony on HB 104.                                                                                     
                                                                                                                                
1:52:42 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE PRUITT moved to report  CSHB 104(JUD), as amended,                                                               
out  of   committee  with  individual  recommendations   and  the                                                               
accompanying   fiscal  notes.      There   being  no   objection,                                                               
CSHB 104(2d JUD)  was reported from the  House Judiciary Standing                                                               
Committee.                                                                                                                      

Document Name Date/Time Subjects
HB 173 Letter of Support-AK Family Medical Care.pdf HJUD 4/5/2013 1:00:00 PM
HB 173
CSHB 104 (JUD) Amendment R.4.pdf HJUD 4/5/2013 1:00:00 PM
HB 104