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 275(STA) would be held over to the following week.