Legislature(2007 - 2008)BELTZ 211
04/07/2008 02:15 PM Senate JUDICIARY
| Audio | Topic |
|---|---|
| Start | |
| HB25 | |
| HB196 | |
| HB354 | |
| HB331 | |
| HB333 | |
| HJR28 | |
| HB305 | |
| HB331 | |
| HB196 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| + | HB 196 | TELECONFERENCED | |
| + | HB 354 | TELECONFERENCED | |
| + | HB 331 | TELECONFERENCED | |
| + | HB 333 | TELECONFERENCED | |
| = | HB 25 | ||
| = | HB 305 | ||
| = | HJR 28 | ||
CSHB 305(RLS) am -CAMPAIGN FUND RAISING DURING SESSIONS 4:46:51 PM CHAIR FRENCH announced the consideration of HB 305 and asked for a motion to adopt Version \O committee substitute (CS). SENATOR HUGGINS moved to adopt Senate CS for CSHB 305, 25- LS1226\O, as the working document. CHAIR FRENCH objected for discussion purposes. He explained that the CS makes one change he suggested and one change brought by the sponsor. The first removes from the bill the references to federal offices. The legal precedent is so far beyond debate that it's clear that the state would spend money to defend a statute that would ultimately yield no positive result. The sponsor has agreed to avoid that fight, he said. The second change is to replace the phrase "location outside the capital city" with the phrase "municipality other than the capital city." The sponsor suggested that change because the word "location" isn't clear and meaningful. 4:48:18 PM MIKE POWLOWSKI, Staff to Representative Meyer, sponsor of HB 305, clarified that the Legislative Ethics Committee suggested the change in terminology. The sponsor does support both changes, he added. CHAIR FRENCH removed his objection and finding no further objection, announced the CS is before the committee. He stated that in his view the CS continues to operate in areas where he has constitutional qualms and he wants them on the record. This is an extremely tricky area of law and there are a welter of opinions on the topic so it's easy to get lost. He felt strongly about the reference to federal office and has suspicions about other matters, but those aren't strong enough to bottle the bill up in committee. It seems that the real heart of the matter is disclosure. Buckley v. Vallejo went on about that and said that is the least restrictive manner in which you can impose some kind of a restriction on someone's ability to participate in the marketplace of ideas. If you disclosed every seven days during session and every month during the rest of the year, you could raise money whenever you wanted to, he said. This bill lets you raise money in Anchorage then hop on a plane to Juneau and vote on a big bill. Most people would say that's absurd, but his view is that if it's disclosed 24 hours later the voters would know what's going on. "That's a qualm of mine about the approach taken here, but again this is one of those issues that people wrangle over for months and years," he said. In response to a question from Senator McGuire he relayed that Buckley v. Vallejo is the original Supreme Court case on campaign free speech. SENATOR THERRIAULT asked if the example of hopping on the plane to Juneau is only within 90 days. CHAIR FRENCH said yes; HB 305 maintains the flat prohibition on fundraising during a legislative session unless the session is within 90 days of an election. MR. POWLOWSKI said that's correct for your own race for office. CHAIR FRENCH added that even in this year you could see that happening. If for some reason the governor's office can't make a recommendation until September 19, people would be raising money in Anchorage for their elections and flying down to Juneau to vote on the gas line, he said. SENATOR THERRIAULT asked if individual legislators would be prohibited from signing on as a host and raising money for someone else's campaign within 90 days of the election. MR. POWLOWSKI said yes, but if a legislator was in a joint fundraiser it would be permissible because it's fundraising for him or herself, too. It's a subtle nuance that the sponsor thinks is important, he said. SENATOR HUGGINS asked if there's a fiscal note. CHAIR FRENCH said there's a zero fiscal note from APOC. MR. POWLOWSKI said they asked for the APOC fiscal note because of the adjustment to AS 15.13.072 in bill section 1. 4:53:04 PM SENATOR HUGGINS motioned to report committee substitute for CSHB 305 from committee with individual recommendations and attached fiscal note(s). CHAIR FRENCH announced that without objection SCS CSHB 305(JUD), 25-LS1226\O, is moved from the Senate Judiciary Committee.
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