SENATE BILL NO. 313 "An Act relating to sponsor certification of initiative petitions; relating to sponsor identification during petition circulation; relating to the voidability of an initiated law; placing limitations on the compensation that may be paid to sponsors of initiative petitions; prohibiting payments to persons who sign or refrain from signing initiative petitions; and repealing procedures for filing a supplementary initiative petition." Co-Chair Therriault provided members with a memorandum from Richard Glover, dated May 8, 1998, regarding the constitutionality of the legislation (copy on file). He observed that a Supreme Court decision ruled that payment for signatures could not be prohibited. The Court did not specify if the amount could be limited. There is a current court case regarding the requirement that an identification badge be worn. The 10th circuit court ruled that this is unconstitutional. The Supreme Court will consider the case. The state of Alaska has signed a brief in support of the constitutionality of this provision. Representative Mulder MOVED to ADOPT Amendment 1 during the previous meeting. Amendment 1 would place a cap on the payment for signatures. Representative Davies OBJECTED. He spoke in support of a daily or hourly fee. He felt that a fee per signature would result in a more aggressive approach by the collector. Representative Grussendorf expressed concern that problems could occur with an hourly rate. Representative Mulder spoke in support of the amendment. He stressed that a cap of a dollar per signature would slow the collection of signatures. Representative Davies questioned the State's interest in slowing signatures. He noted that the amendment would limit the amount of money that can be paid. The existing language only limits the manner of payment. He maintained that the amendment would be closer to a constitutional challenge. A roll call vote was taken on the motion. IN FAVOR: Davis, Kelly, Kohring, Martin, Mulder, Therriault OPPOSED: Moses, Davies, Grussendorf Co-Chair Hanley and Representative Foster were absent from the vote. The MOTION PASSED (6-3). Representative Davies MOVED to ADOPT Amendment 2 (copy on file). Co-Chair Therriault OBJECTED for the purpose of discussion. Representative Davies explained that Amendment 2 would delete the requirement that the collector wear a badge. He noted that the Court ruled that the badge deprives the collector of the protections of anonymous speech. He spoke in support of addressing the sponsorship of the petition on the petition itself. Co-Chair Therriault clarified that "sponsor" refers to the person carrying the petition. Representative Grussendorf spoke in support of Amendment 2. Representative Mulder disclosed that he has been requested to work on an initiative petition. Representative Martin argued that the person gathering signatures is not necessarily the sponsor. Co-Chair Therriault reiterated that the legislation indicates that the sponsor is the person carrying the petition. A roll call vote was taken on the motion. IN FAVOR: Moses, Davies, Grussendorf, Kelly OPPOSED: Kohring, Martin, Mulder, Davis, Therriault Co-Chair Hanley and Representative Foster were absent from the vote. The MOTION FAILED (4-5). (Tape Change, HFC 98 - 164, Side 2) Representative Davies WITHDREW Amendment 3. He MOVED to ADOPT a conceptional amendment: "The name of the group circulating the petition and the name of the group paying for the petition, if different, shall both be prominently displayed in bold, capital letters, on the bottom of each signature page of the petition." Representative Mulder spoke against the amendment. Representative Davies stressed that it would be the same disclosure as occurs when a sign is posted. Representative Martin spoke against the amendment. Co-Chair Therriault questioned how the amendment would distinguish between a group that is paying to work the petition through the system and a group of citizens that are not being paid to collect signatures. Representative Davies stressed that the intent is to identify the group that is behind the petition. The group can be identified through the Division of Elections or APOC. Representative Grussendorf stated that he is opposed to paid for petitions. He spoke in support of the amendment. He expressed concern that any group could come to the state of Alaska and pay for a petition. Members questioned if the name of the group is already listed on the top of the petition. A roll call vote was taken on the motion. IN FAVOR: Moses, Davies, Davis, Kelly, Grussendorf OPPOSED: Martin, Mulder, Kohring, Therriault Co-Chair Hanley and Representative Foster were absent from the vote. The MOTION PASSED (5-4). Representative Davies referred to section 6. He noted that section 6 repeals AS 15.45.170 and 15.45.230. Co-Chair Therriault read: AS 15.45.170: "Upon receipt of notice that the filing of the petition was improper, the initiative committee may amend and correct the petition by circulating and filing a supplementary petition within 30 days of the date that notice was given;" And AS 15.45.230: "An initiative submitted to the voters may not be held void because of the insufficiency of the application or petitions by which the submission was procured." Representative Davies MOVED to delete section 6. He noted that the amendment would maintain the status quo. Representative Kelly OBJECTED. He spoke in support of a "drop dead" date. A roll call vote was taken on the motion. IN FAVOR: Davies, Grussendorf, Moses OPPOSED: Davis, Kelly, Kohring, Martin, Mulder, Therriault Co-Chair Hanley and Representative Foster were absent from the vote. The MOTION FAILED (3-6). Representative Davies MOVED to delete AS 15.45.230. Co- Chair Therriault OBJECTED. Representative Davies spoke in support of the amendment. He emphasized that if an initiative is certified and goes on the ballot, then the issue is decided. A small insufficiency in the gathering process would not be sufficient to null the election. He maintained that the statute would prevent frivolous lawsuits. A roll call vote was taken on the motion. IN FAVOR: Davies, Grussendorf, Moses, Martin OPPOSED: Davis, Kelly, Kohring, Mulder, Therriault Co-Chair Hanley and Representative Foster were absent from the vote. The MOTION FAILED (4-5). Representative Davis MOVED to report HCS CSSB 313 (FIN) out of Committee with the accompanying fiscal note. There being NO OBJECTION, it was so ordered. HCS CSSB 313 (FIN) was REPORTED out of Committee with "no recommendation" and with a zero fiscal note by the Office of the Lieutenant Governor dated 3/19/98.