Legislature(2009 - 2010)HOUSE FINANCE 519

03/16/2010 09:00 AM FINANCE


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09:08:05 AM Start
09:08:12 AM HB36
10:07:00 AM Adjourn
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
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+= HB 36 INITIATIVES: CONTRIBUTIONS/ PROCEDURES TELECONFERENCED
Heard & Held
+ Bills Previously Heard/Scheduled TELECONFERENCED
HOUSE BILL NO. 36                                                                                                             
                                                                                                                                
     "An Act  prohibiting initiatives that  are substantially                                                                   
     similar  to those  that failed within  the previous  two                                                                   
     years;  relating   to  financial  disclosure   reporting                                                                   
     dates for  persons, groups,  and nongroup entities  that                                                                   
     expend  money   in  support  of  or  in   opposition  to                                                                   
     initiatives,   initiative   information   contained   in                                                                   
     election  pamphlets,  initiative  petitions,  initiative                                                                   
     petition   circulators,    and   public   hearings   for                                                                   
     initiatives; and  requiring a standing committee  of the                                                                   
     legislature   to  consider  initiatives   scheduled  for                                                                   
     appearance on the election ballot."                                                                                        
                                                                                                                                
9:11:03 AM                                                                                                                    
                                                                                                                                
Co-Chair Stoltze MOVED to ADOPT Amendment 1, 26-LS0197\S.4,                                                                     
Bullard, 3/11/10 (copy on file):                                                                                                
                                                                                                                                
     Page 2, line 6:                                                                                                            
          Insert a new bill section to read:                                                                                    
     "*Sec.  3  AS 15.13.050  is  ame3nded  by adding  a  new                                                                   
     subsection to read:                                                                                                        
       (c) If a group intends to make contributions or                                                                          
     expenditures  only  in support  of  or opposition  to  a                                                                   
     single   initiative  on   the  ballot,   the  title   or                                                                   
     common  name of  the initiative  must be  a part of  the                                                                   
     name  of  the  group.  If  the  group  intends  to  make                                                                   
     contributions  or expenditures only  in opposition  to a                                                                   
     single initiative  on the ballot, the group's  name must                                                                   
     clearly state  that it opposes  the initiative  by using                                                                   
     a word such as "opposes," "opposing," "in opposition                                                                       
     to," or "against" in the group's name.                                                                                     
                                                                                                                                
Co-Chair Hawker OBJECTED for the purpose of discussion.                                                                         
                                                                                                                                
REPRESENTATIVE  KYLE  JOHANSEN  mentioned  that  this  was  a                                                                   
sponsor amendment.  He noted  that Representative  Doogan had                                                                   
a question about the word "only" in line 4.                                                                                     
                                                                                                                                
Co-Chair  Stoltze  asked  if  Representative  Doogan  had  an                                                                   
amendment  to  an amendment.  Representative  Doogan  replied                                                                   
that he did not.                                                                                                                
                                                                                                                                
SONIA  CHRISTENSEN, STAFF,  REPRESENTATIVE JOHANSEN  remarked                                                                   
that  the current  statute this  amendment  is modeled  after                                                                   
says that  33 1/3 percent of a  group's funds, if used  for a                                                                   
specific candidate,  must have  the candidate's name  must be                                                                   
in their title.  There were some issues with  the word "only"                                                                   
on line  4 that may  be creating a  loophole so groups  could                                                                   
spread out  their funds  to avoid  having to name  themselves                                                                   
clearly.  The sponsor  is  open  to including  more  specific                                                                   
language such as  33 1/3 percent of their funds  going toward                                                                   
a certain  ballot measure would  require that  ballot measure                                                                   
in their title.                                                                                                                 
                                                                                                                                
Co-Chair Hawker WITHDREW his OBJECTION to Amendment 1.                                                                          
                                                                                                                                
Co-Chair Stoltze WITHDREW Amendment 1.                                                                                          
                                                                                                                                
9:13:19 AM                                                                                                                    
                                                                                                                                
Representative   Gara  MOVED  to   ADOPT  Amendment   5,  26-                                                                   
LS0197\S.11, Bullard, 3/11/10 (copy on file):                                                                                   
                                                                                                                                
     Page 6, line 21:                                                                                                           
          Insert a new subsection to read:                                                                                      
          "(c) Penalties for a violation of this section                                                                        
          shall not include removal of an initiative from                                                                       
          the ballot."                                                                                                          
                                                                                                                                
Co-Chair Stoltze OBJECTED for the purposes of discussion.                                                                       
                                                                                                                                
Representative  Johansen  remarked  that  he had  no  problem                                                                   
with the amendment.                                                                                                             
                                                                                                                                
LIEUTENANT  GOVERNOR  CRAIG  CAMPBELL   (via  teleconference)                                                                   
asked for further explanation of Amendment 5.                                                                                   
                                                                                                                                
Co-Chair  Stoltze remarked  that Amendment  5 deals with  the                                                                   
Lt.  Governor  conducting  the  public  hearings  within  the                                                                   
judicial districts.                                                                                                             
                                                                                                                                
Representative  Gara read  Amendment 5.  He noted that  under                                                                   
this  bill  the Lt.  Governor  has  to  hold a  few  meetings                                                                   
before  the  initiative goes  on  the  ballot or  before  the                                                                   
vote.  He  depicted  a  scenario   where  the  Lt.  Governor,                                                                   
hostile  to  an  initiative,  might  not  hold  the  required                                                                   
hearings. In  that case, the penalty  should not be  that the                                                                   
courts    strike    the   initiative    off    the    ballot.                                                                   
Representative  Gara emphasized that  this amendment  was not                                                                   
directed toward the present Lt. Governor.                                                                                       
                                                                                                                                
9:15:46 AM                                                                                                                    
                                                                                                                                
Lt.  Governor   Campbell  responded  to  the   amendment  and                                                                   
believed  that the  public does  need to hear  both sides  of                                                                   
any  initiative.   He   liked  that  this   helped  make   an                                                                   
initiative  more  transparent  and  agreed  that  the  public                                                                   
hearings were important.                                                                                                        
                                                                                                                                
Co-Chair Stoltze  asked the Lt. Governor if  he could imagine                                                                   
any elected  official not  wanting to go  out and  discuss an                                                                   
issue.  Lt.  Governor  Campbell  agreed  that  he  could  not                                                                   
foresee  that   happening.  He  noted  that   the  initiative                                                                   
process in  the office of the  Lt. Governor was  unbiased and                                                                   
non  political.  He  added  that  the  Lt.  Governor  is  the                                                                   
administrator, not the enforcer.                                                                                                
                                                                                                                                
Co-Chair  Stoltze   asked  if  the  Attorney   General  could                                                                   
provide   information  that   affects   the  Lt.   Governor's                                                                   
decision.   Lt.   Governor  Campbell   explained   that   the                                                                   
initiatives rest  within the Lt.  Governor's office,  but the                                                                   
process   is  much   more  than   the   Lt.  Governor.   When                                                                   
initiatives  are received,  the Attorney  General performs  a                                                                   
review to see if  it meets the merit of being  on the ballot.                                                                   
The  Lt.  Governor  certifies  an  initiative  based  on  the                                                                   
recommendations  from the Attorney  General. Initiatives  are                                                                   
done on the course of law, not politics.                                                                                        
                                                                                                                                
9:18:11 AM                                                                                                                    
                                                                                                                                
Representative Fairclough  remarked to Lt.  Governor Campbell                                                                   
that a  recent discussion had  questioned the  Lt. Governor's                                                                   
office's  ability to carry  out the  public hearings  without                                                                   
additional  cost.  Lt.  Governor   Campbell  noted  the  zero                                                                   
fiscal  note attached  to  the bill  and  maintained that  he                                                                   
already   travels  a  great   deal  around   the  state   and                                                                   
conducting  these  hearings  would  be  within  his  existing                                                                   
travel budget.                                                                                                                  
                                                                                                                                
9:19:35 AM                                                                                                                    
                                                                                                                                
Co-Chair  Stoltze  thanked  Lt.  Governor  Campbell  for  his                                                                   
participation in the meeting.                                                                                                   
                                                                                                                                
Co-Chair  Stoltze  WITHDREW  his OBJECTION  to  Amendment  5.                                                                   
There being NO further OBJECTION, Amendment 5 was adopted.                                                                      
                                                                                                                                
Co-Chair Stoltze  MOVED to  ADOPT Amendment 2,  26-LS0197\S.1                                                                   
Bullard, 1/25/10 (copy on file):                                                                                                
                                                                                                                                
     Page 1, line 1, following "initiative":                                                                                  
          Insert "and those who file or organize in order                                                                     
          to file them"                                                                                                       
                                                                                                                              
     Page 4, following line 30:                                                                                               
          Insert a new bill section to read:                                                                                    
     "*Sec. 8 AS 15.13.400(8) is amended to read:                                                                               
               (8) "group means                                                                                                 
                    (A) every state and regional executive                                                                      
     committee of a political party; [and]                                                                                      
                    (B) an combination of two or more                                                                           
     individuals acting jointly who organize for the                                                                            
     principal purpose of influencing the outcome of one or                                                                     
     more elections and who take action the major purpose                                                                       
     of which is to influence the outcome of an election; a                                                                     
     group    that    makes    expenditures    or    receives                                                                   
     contributions with the authorization or consent,                                                                           
     express or implied, or under the control, direct or                                                                        
     indirect, of a candidate shall be considered to be                                                                         
     controlled by that candidate; a group whose major                                                                          
     purpose is to further the nomination, election, or                                                                         
     candidacy of only one individual, or intends to expend                                                                     
     more than 50 percent of its money on a single                                                                              
     candidate, shall be considered to be controlled by                                                                         
     that candidate and its actions done with the                                                                               
     candidate's knowledge and consent unless, within 10                                                                        
     days from the date the candidate learns of the                                                                             
     existence of the group the candidate files with the                                                                        
     commission, on a form provided by the commission, an                                                                       
     affidavit that the group is operating without the                                                                          
     candidate's control; a  group organized for more than                                                                      
     one year preceding an election and endorsing                                                                               
     candidates for more than one office or more than one                                                                       
     political party is presumed not to be controlled by a                                                                      
     candidate; however, a group that contributes more than                                                                     
     50 percent of its money to or on behalf of one                                                                             
     candidate shall be considered to support only one                                                                          
     candidate for purposes of AS 15.13.070, whether or not                                                                     
     control of the group has been disclaimed by the                                                                            
     candidate; and                                                                                                         
                    (C) any combination of two or more                                                                        
     individuals acting jointly who organize for the                                                                          
     principal purpose of filing an initiative proposal                                                                       
     application under AS 15.45.020 or who file an                                                                            
     initiative proposal application under AS 15.45.020;"                                                                     
                                                                                                                              
Co-Chair Hawker OBJECTED for the purpose of discussion.                                                                         
                                                                                                                                
Representative  Johansen  remarked  that this  amendment  was                                                                   
from Alaska  Public Offices commission  (APOC) and he  saw no                                                                   
reason to oppose it.                                                                                                            
                                                                                                                                
Co-Chair   Stoltze  remarked   that  Alaska  Public   Offices                                                                   
commission  (APOC) is  reticent  to discuss  issues and  take                                                                   
positions on amendments.                                                                                                        
                                                                                                                                
9:21:06 AM                                                                                                                    
                                                                                                                                
Representative  Austerman requested  that there  be a  tie in                                                                   
regarding the title change to the statute.                                                                                      
                                                                                                                                
KEVIN    BROOKS,   DEPUTY    COMMISSIONER,   DEPARTMENT    OF                                                                   
ADMINISTRATION,  offered that  APOC is  hesitant to  take any                                                                   
position, but would be available  to answer any questions and                                                                   
act as  a resource. He stated  that his understanding  of the                                                                   
amendment is that  the current language deals  with elections                                                                   
and the  amendment would broaden  it to cover  the initiative                                                                   
process. The corresponding title  change would be appropriate                                                                   
for clarification.                                                                                                              
                                                                                                                                
Co-Chair Stoltze  asked if this is an amendment  advocated on                                                                   
behalf of the administration.  Mr. Brooks believed that based                                                                   
on intent of  the bill, it would help clarify  and administer                                                                   
their role.                                                                                                                     
                                                                                                                                
Co-Chair  Stoltze   emphasized  that  someone   must  take  a                                                                   
position on something if it is being advocated.                                                                                 
                                                                                                                                
Representative  Johansen interjected that  Amendment 2  and 3                                                                   
were brought  to his office  by the administration  therefore                                                                   
he assumed this is something that  they wanted and a decision                                                                   
on their part had been made to  support these amendments. Mr.                                                                   
Brooks clarified that the amendments  are appropriate and the                                                                   
administration does support them.                                                                                               
                                                                                                                                
9:23:49 AM                                                                                                                    
                                                                                                                                
Representative   Austerman   questioned  the   title   change                                                                   
language  and requested  drafter, Mr.  Bullard, be  available                                                                   
to  answer   questions.  Co-Chair   Stoltze  contended   that                                                                   
legislative  legal worked  with  APOC and  the Department  of                                                                   
Administration.                                                                                                                 
                                                                                                                                
9:24:44 AM                                                                                                                    
                                                                                                                                
ALPHEUS   BULLARD,   ATTORNEY,   LEGISLATIVE   AFFAIRS   (via                                                                   
teleconference),  indicated he  was available for  questions.                                                                   
Representative Austerman  asked him to explain  why the title                                                                   
is changed  on Amendment  2. Mr. Bullard  spoke to  the title                                                                   
change  in the  amendment  and clarified  that  the title  in                                                                   
every bill  be an accurate  description of the  content. This                                                                   
amendment  operates  to  expand  the  definition  of  "group"                                                                   
which is outside ballot initiatives and applications.                                                                           
                                                                                                                                
Representative   Austerman   asked  if   it   would  make   a                                                                   
difference  in the  change in  item (c)  if there  was not  a                                                                   
title change.  Mr. Bullard  did not  believe that legally  or                                                                   
procedurally  that   the  title  change  should   affect  the                                                                   
process; the  change is just  a more accurate  description of                                                                   
the bill's content.                                                                                                             
                                                                                                                                
9:27:02 AM                                                                                                                    
                                                                                                                                
Representative  Gara  stressed  that  this  amendment  seemed                                                                   
lopsided;  those who support  the initiative  must file,  but                                                                   
those  who oppose  the initiative  do  not need  to file.  He                                                                   
wondered if Alaska  Public Offices Commission was  looking at                                                                   
language  to help  deal with  this.  He believed  that if  an                                                                   
amendment  is opposed  then no  one would find  out until  30                                                                   
days  before   an  election,   but  those  who   support  the                                                                   
initiative are recognized on Day 1.                                                                                             
                                                                                                                                
Mr. Brooks  remarked that he  tightened existing  language in                                                                   
the bill, but did not look at other possibilities.                                                                              
                                                                                                                                
9:28:14 AM                                                                                                                    
                                                                                                                                
HOLLY  HILL,   EXECUTIVE  DIRECTOR,  ALASKA   PUBLIC  OFFICES                                                                   
COMMISSION (APOC)  (via teleconference) spoke of  Amendment 2                                                                   
and said that  part (C) clarifies the purpose,  but different                                                                   
phrasing   or   language   could   be   added   for   further                                                                   
clarification.  She stressed  that  she does  not support  or                                                                   
oppose amendment.                                                                                                               
                                                                                                                                
Representative  Gara  thought  her recommendations  might  go                                                                   
too  far.  He offered  if  someone  proposed a  high  profile                                                                   
initiative like  parental consent  or mining, then  there may                                                                   
be people who  dislike it and organize meetings  around their                                                                   
table. He  was not sure if  they should be required  to file,                                                                   
but the  public would  be interested in  any amount  of money                                                                   
spent.                                                                                                                          
                                                                                                                                
Ms.   Hill    asked   that   Mr.   Dosik    provide   further                                                                   
clarification.                                                                                                                  
                                                                                                                                
THOMAS   DOSIK,    ATTORNEY,    DEPARTMENT   OF   LAW    (via                                                                   
teleconference)  noted  that  the  amendment  was  originally                                                                   
just meant  to clarify some of  the language in Section  I of                                                                   
the bill. The  bill language required reporting  of those who                                                                   
spent $500 or  more for a group organizing  for the principle                                                                   
purpose of  filing an  initiative proposal.  It did  not seem                                                                   
necessary to  include in the  amendment a group  organized to                                                                   
oppose  an amendment.  The  small  group scenario  would  not                                                                   
qualify until they took action.                                                                                                 
                                                                                                                                
9:32:03 AM                                                                                                                    
                                                                                                                                
Representative  Gara  argued that  this  technical  amendment                                                                   
takes one side over another.                                                                                                    
                                                                                                                                
Co-Chair Hawker  disagreed with the  analysis. This is  not a                                                                   
conjunctive defining  one group  in this provision  but three                                                                   
stand  separate   qualifications  to  be  a  group.   He  was                                                                   
concerned  that  in  content  of  proposed  amendment  it  is                                                                   
either  filing  or  opposing.   He  thought  better  language                                                                   
needed for further conversation.                                                                                                
                                                                                                                                
Co-Chair  Hawker asked  if this amendment  will be  revisited                                                                   
and rewritten.                                                                                                                  
                                                                                                                                
Co-Chair Hawker MAINTAINED his OBJECTION.                                                                                       
                                                                                                                                
Representative  Austerman  contended  that  if  it is  to  be                                                                   
rewritten  he would  like  to  know if  the  title change  is                                                                   
something the sponsor wants or not.                                                                                             
                                                                                                                                
Co-Chair Hawker WITHDREW his OBJECTION.                                                                                         
                                                                                                                                
Co-Chair Stoltze WITHDREW Amendment 2.                                                                                          
                                                                                                                                
Co-Chair  Stoltze  remarked that  he  would not  be  offering                                                                   
Amendment  3.  Representative  Kelly  asked  if  Amendment  3                                                                   
would be  offered at  another meeting.  Co-Chair Stoltze  did                                                                   
not believe it would be brought up.                                                                                             
                                                                                                                                
Representative   Austerman  remarked   if   Amendment  3   is                                                                   
offered, he  would keep  the language,  but strike  the title                                                                   
change.                                                                                                                         
                                                                                                                                
9:36:38 AM                                                                                                                    
                                                                                                                                
Representative  Doogan  MOVED   to  ADOPT  Amendment  4,  26-                                                                   
LS0197\S.8, Bullard, 3/15/10 (copy on file):                                                                                    
                                                                                                                                
     Page 1, line 1:                                                                                                            
          Delete "and to ballot initiatives"                                                                                  
          Insert",    to   ballot    initiatives,   and    to                                                                 
     communications made in connection with initiative                                                                        
     elections"                                                                                                               
                                                                                                                                
     Page 2, following line 19:                                                                                                 
     Insert new bill sections to read:                                                                                          
     "*Sec. 4. 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 [CANDIDATE,                                                                     
          GROUP, NONGROUP ENTITY, OR INDIVIDUAL] paying for                                                                     
          the communication. In addition,                                                                                       
                                                                                                                                
          (1) candidates and groups may identify the name                                                                     
     of their campaign chairperson; and                                                                                       
          (2) a person paying for a communication relating                                                                    
     to an initiative shall clearly                                                                                           
               (A) if applicable, identify the person's                                                                       
     principal officer of the person, approving the                                                                           
     communications;                                                                                                          
               (B) include a statement from the person, or                                                                    
     principal officer of the person, approving the                                                                           
     communication;                                                                                                           
               (C) provide the address of the person, if                                                                      
     the person is an individual, group, nongroup entity,                                                                     
     or other nonprofit organization, or the address of the                                                                   
     person's principal place of business; and                                                                                
               (D)    identify     the    fie    contributors                                                                 
     contributing the largest amounts to the person, if                                                                       
     any, during the 12-month period before the state of                                                                      
     the    communication,     with    words     "top    five                                                                 
     contributors."[.]                                                                                                        
     *Sec. 5.AS 15.13.090 is amended by adding a new                                                                          
     subsection to read:                                                                                                        
     (c) In this section, "contributors" means the true                                                                         
     source of the funds being contributed to the person                                                                        
     paying for the communication."                                                                                             
                                                                                                                                
Co-Chair Stoltze OBJECTED for the purposes of discussion.                                                                       
                                                                                                                                
Representative  Doogan  explained that  his  amendment is  an                                                                   
attempt  to  make  sure  that  the  names  of  the  principle                                                                   
funders of  initiatives, on either  side, are  made available                                                                   
to  the public.  It would  set out  requirements for  someone                                                                   
advertising  for or against  an initiative  and require  that                                                                   
these  advertisements would  include  the names  of the  five                                                                   
principle funders of the initiative for or against.                                                                             
                                                                                                                                
Representative   Johansen  explained   that   this  is   same                                                                   
declaimer  as on  the website.  He  had no  problem with  the                                                                   
concept,  but  questioned  how   this  could  be  practically                                                                   
achieved at the end of a 30 second commercial.                                                                                  
                                                                                                                                
Representative Doogan  remarked that it does  not necessarily                                                                   
have  to  be five  names;  it  could  be shortened  to  three                                                                   
names. His  goal was to  make sure that  the people  knew who                                                                   
was paying for this advertisement.                                                                                              
                                                                                                                                
9:40:34 AM                                                                                                                    
                                                                                                                                
Co-Chair  Hawker commented  that  it was  important that  the                                                                   
language  be clarified  if it  is  put into  law. He  alleged                                                                   
that  the initiative  may only  have three  or less  sponsors                                                                   
paying   for   the   advertisement.    He   suggested   other                                                                   
possibilities  in  regards to  donors  and offered  that  one                                                                   
might  consider identifying  this information  online with  a                                                                   
web reference in the advertising.                                                                                               
                                                                                                                                
9:41:44 AM                                                                                                                    
                                                                                                                                
Representative  Doogan agreed  that would  solve the  problem                                                                   
for those people  who wanted to do the research,  but not for                                                                   
those  who  were  just listening  to  the  advertisement.  He                                                                   
noted in  campaign ads, the name  of the sponsor  is revealed                                                                   
when  the advertisement  is heard.  He  was not  sure if  Co-                                                                   
Chair  Hawker's suggestion  gets where  he wants  to go  with                                                                   
his  amendment. Co-Chair  Stoltze  asked if  putting the  top                                                                   
three contributors  would adequately  define who  was funding                                                                   
the   initiative.    Representative   Doogan    replied   not                                                                   
necessarily.  It  provides information  to  people  listening                                                                   
and prohibits  big funders  from hiding  behind some  made-up                                                                   
name.  Co-Chair  Stoltze  remarked  that in  looking  at  the                                                                   
intent, maybe  it should be  the top three contributors  over                                                                   
certain amounts.  He believed it was Representative  Doogan's                                                                   
intent  to  try  and  see  who  may  be  trying  to  buy  the                                                                   
election. Maybe a  number has to be chosen  that triggers the                                                                   
announcement.                                                                                                                   
                                                                                                                                
9:44:25 AM                                                                                                                    
                                                                                                                                
Representative  Doogan  agreed that  was  right. He  remarked                                                                   
that if  it said the  top three people  over $500  that would                                                                   
be a better  indicator for full disclosure.  Co-Chair Stoltze                                                                   
noted that there  are usually two sides to  an initiative and                                                                   
it  is usually  reported who  is  funding it.  Representative                                                                   
Doogan  agreed  that is  true,  but  not  in every  case.  He                                                                   
wanted  the state  to  be  responsible for  getting  accurate                                                                   
information  to the  people on  who  is funding  initiatives.                                                                   
Co-Chair Stoltze  agreed on  part of that,  but the  point is                                                                   
to identify who is bankrolling the initiative.                                                                                  
                                                                                                                                
9:46:38 AM                                                                                                                    
                                                                                                                                
Representative  Gara  agreed the  concern  is  that the  $500                                                                   
only applies  to regular  campaigns, but  in initiatives  the                                                                   
contributions  are unlimited.  Co-Chair Stoltze  acknowledged                                                                   
that it depends on the initiative.                                                                                              
                                                                                                                                
Representative Johansen  responded that he likes  the concept                                                                   
of Co-Chair  Hawker, but  was concerned  that APOC  would not                                                                   
be  able to  handle  it. The  information  is on  commercials                                                                   
now,  but  he  is  not  opposed  to  Representative  Doogan's                                                                   
amendment.                                                                                                                      
                                                                                                                                
9:48:20 AM                                                                                                                    
                                                                                                                                
Mr. Brooks responded  that he had no comment,  but would like                                                                   
to hear from Ms.  Hill. Ms. Hill responded she  does not have                                                                   
an  opinion.  She   noted  there  are  several   other  bills                                                                   
referring to the same set of language for disclaimers.                                                                          
                                                                                                                                
Co-Chair  Stoltze inquired  about the ability  to gather  the                                                                   
information.  Ms.  Hill  declared   the  amendment  could  be                                                                   
implemented as offered.                                                                                                         
                                                                                                                                
9:49:31 AM                                                                                                                    
                                                                                                                                
Vice-Chair  Thomas explained  that he was  not thrilled  with                                                                   
websites   since   many  in   his   district   were  not   as                                                                   
knowledgeable  about computers.  He emphasized  that most  of                                                                   
his constituents wanted to read or hear the information.                                                                        
                                                                                                                                
Representative  Fairclough  wondered   in  the  amendment  if                                                                   
there would  be a loophole  with a 12  month period.  If APOC                                                                   
had  to intervene,  the  amount  could  be given  before  and                                                                   
money could  be out  there and ready.  In an election  cycle,                                                                   
candidates have an  eighteen month cycle when  they can start                                                                   
raising money. She  asked Ms. Hill if the right  number is 12                                                                   
months  or 18  months  to capture  all  money influencing  an                                                                   
initiative  prior   to  it  reaching   a  ballot.   Ms.  Hill                                                                   
responded  that she  does  not have  an  opinion, but  ballot                                                                   
initiatives have  a certain time  frame to gather  signatures                                                                   
and get  on the ballot. She  added they could be  a multiyear                                                                   
process.                                                                                                                        
                                                                                                                                
Co-Chair  Stoltze   asked  if   Ms.  Hill  had   a  technical                                                                   
observation  on  how  this  process   would  work.  Ms.  Hill                                                                   
responded  that there  was no  data on this  type of  process                                                                   
because  it   is  not  required.  Representative   Fairclough                                                                   
inquired if  the identification  would require the  first and                                                                   
last name or just the last name of the contributor.                                                                             
                                                                                                                                
9:53:27 AM                                                                                                                    
                                                                                                                                
Representative  Doogan  contended  that  he  had  no  problem                                                                   
specifying both  names, since he  did not believe  APOC would                                                                   
do anything with just one name anyway.                                                                                          
                                                                                                                                
Co-Chair   Hawker  expressed   his   concern  attaching   any                                                                   
amendment  that  compromises  the  ability of  the  bill.  He                                                                   
maintained that the  bill stood on its own and  was very well                                                                   
crafted. He  read from Section  4, line 9-10 and  agreed with                                                                   
subsection  (1) on  line 13-14  and  subsection (2)(A),  line                                                                   
15-16.  He noted in  (A) one  could still  list a  fraudulent                                                                   
name  for the  "principal officer  and  the officer's  title"                                                                   
section.  He continued  that (B)  is already  in the  federal                                                                   
statutes so  is not necessary.  Item (C) is now  getting into                                                                   
the address of  the group and the principal  officer which is                                                                   
redundant and  confusing. He believed  the real  substance in                                                                   
the amendment  is in  (D) in identifying  who was  paying for                                                                   
this  initiative.   Co-Chair  Hawker  thought   it  would  be                                                                   
practical  and informative  if  it  simply made  a  statement                                                                   
that  the   disclosure   shall  include   the  name  of   any                                                                   
contributor  who provided  greater  than ten  percent of  the                                                                   
total  funding received.  This eliminates  the problems  with                                                                   
dates.  He did  believe  there would  have  to be  additional                                                                   
language  to identify  a contributor.  Co-Chair Hawker  asked                                                                   
Representative  Johansen  if this  was  not a  complex  issue                                                                   
that might  be addressed on its  own and not tagged  into the                                                                   
bill.                                                                                                                           
                                                                                                                                
9:58:03 AM                                                                                                                    
                                                                                                                                
Representative Johansen believed the bill stood on its own.                                                                     
                                                                                                                                
Co-Chair Stoltze  agreed that  the definitions must  be clear                                                                   
but not a meaningless more complicated exercise.                                                                                
                                                                                                                                
Representative Kelly  inquired how other states  have handled                                                                   
this situation.                                                                                                                 
                                                                                                                                
Representative  Johansen remarked  that  Ms. Christensen  had                                                                   
been researching  this issue for  three and a half  years and                                                                   
could comment to the choices in other states.                                                                                   
                                                                                                                                
Ms. Christensen  asserted that there  are a few  other states                                                                   
that want  this type  of requirement. Most  of them  list the                                                                   
contributors  in   the  election  pamphlet.  She   agreed  to                                                                   
provide  more information  if it  was wanted.  Representative                                                                   
Kelly emphasized  that he wanted  to make sure  all resources                                                                   
had been tapped.                                                                                                                
                                                                                                                                
Co-Chair  Hawker  indicated that  he  was informed  that  the                                                                   
language  is being  considered  in other  legislation  making                                                                   
its way  through the legislative  system. The  information is                                                                   
so complex so that it deserves legislation on its own.                                                                          
                                                                                                                                
10:00:25 AM                                                                                                                   
                                                                                                                                
Representative  Doogan  declared  that  this  language  comes                                                                   
from the  legal department. He  contended that he  would have                                                                   
a difficult  time supporting this  legislation if it  did not                                                                   
contain  the  necessary  language   from  the  beginning.  He                                                                   
emphasized  that he  just wants  the  public to  know who  is                                                                   
funding an initiative.                                                                                                          
                                                                                                                                
Co-Chair Stoltze  agreed that  is a  good concept,  but would                                                                   
like to see it resolved through committee.                                                                                      
                                                                                                                                
10:03:07 AM                                                                                                                   
                                                                                                                                
Representative  Austerman pointed out  that the language  was                                                                   
written   by  the   same  legislative   legal  attorney.   He                                                                   
suggested that  Mr. Bullard explain  his reasons  for writing                                                                   
the amendment in this way.                                                                                                      
                                                                                                                                
Mr.  Bullard explained  that Amendment  4  was requested  and                                                                   
modeled on  a provision  from a  senate bill currently  under                                                                   
consideration  in  the  Senate Finance  Committee.  This  was                                                                   
requested  and  what  was  drafted.  Co-Chair  Stoltze  asked                                                                   
Representative Doogan  if this language captured  his intent.                                                                   
Representative Doogan  agreed that the goal was  to make sure                                                                   
that the  people who  place and  pay for  ads on  initiatives                                                                   
are properly identified at the time the ad is broadcast.                                                                        
                                                                                                                                
Mr. Bullard  responded there is  a great deal of  latitude on                                                                   
how this is  approached. He noted that there  is nothing that                                                                   
requires  the sub  paragraphs to  read exactly  the way  they                                                                   
do.  These  are   dictated  by  policy  choices   and  as  an                                                                   
amalgamation  of  other  things  seen in  federal  and  state                                                                   
statutes that have  proved effective. He noted  that it could                                                                   
read  differently  to  better  approach  the  needs  of  this                                                                   
state.                                                                                                                          
                                                                                                                                
Co-Chair  Stoltze asked  if Mr.  Bullard might  have taken  a                                                                   
different approach if the senate bill did not exist.                                                                            
                                                                                                                                
10:07:00 AM                                                                                                                   
                                                                                                                                
Mr.  Bullard   responded   what  is  drafted   is  what   was                                                                   
requested.                                                                                                                      
                                                                                                                                
Co-Chair Stoltze WITHDREW his OBJECTION.                                                                                        
                                                                                                                                
Representative Doogan WITHDREW Amendment 4.                                                                                     
                                                                                                                                
HB  36   was  HEARD  and   HELD  in  Committee   for  further                                                                   
consideration.                                                                                                                  

Document Name Date/Time Subjects
HB36.pdf HFIN 3/15/2010 1:30:00 PM
HFIN 3/16/2010 9:00:00 AM
HJUD 4/6/2009 8:00:00 AM
HB 36
HB36 HJUD Pkt. 4.13.09.pdf HFIN 3/15/2010 1:30:00 PM
HFIN 3/16/2010 9:00:00 AM
HJUD 4/13/2009 1:00:00 PM
HB 36
HB36 HJUD Pkt. 4.13.09.pdf HFIN 3/15/2010 1:30:00 PM
HFIN 3/16/2010 9:00:00 AM
HJUD 4/15/2009 1:00:00 PM
HB 36
HB36 OOG FN.pdf HFIN 3/15/2010 1:30:00 PM
HFIN 3/16/2010 9:00:00 AM
HJUD 4/15/2009 1:00:00 PM
HB 36
HB036-OOG-LtGOV-4-17-09.pdf HFIN 4/18/2009 8:30:00 AM
HFIN 3/15/2010 1:30:00 PM
HFIN 3/16/2010 9:00:00 AM
HB 36
01 HB36 Sponsor Statement.pdf HFIN 2/8/2010 1:30:00 PM
HFIN 3/15/2010 1:30:00 PM
HFIN 3/16/2010 9:00:00 AM
HB 36
02 HB36 CSSSHB36(JUD) v. S.pdf HFIN 3/15/2010 1:30:00 PM
HFIN 3/16/2010 9:00:00 AM
HB 36
03 HB36 HJUD Amendments.pdf HFIN 3/15/2010 1:30:00 PM
HFIN 3/16/2010 9:00:00 AM
HB 36
04 HB36 Sectional.pdf HFIN 3/15/2010 1:30:00 PM
HFIN 3/16/2010 9:00:00 AM
HB 36
06 HB36 Letters SupportOpposition.pdf HFIN 2/8/2010 1:30:00 PM
HFIN 3/15/2010 1:30:00 PM
HFIN 3/16/2010 9:00:00 AM
HB 36
07 HB36 Legal Opinions.pdf HFIN 4/18/2009 8:30:00 AM
HFIN 2/8/2010 1:30:00 PM
HFIN 3/15/2010 1:30:00 PM
HFIN 3/16/2010 9:00:00 AM
HB 36
08 HB36 Back up.pdf HFIN 4/18/2009 8:30:00 AM
HFIN 3/15/2010 1:30:00 PM
HFIN 3/16/2010 9:00:00 AM
HB 36
SSHB 36 Hearing Request Sponsor Statement.pdf HFIN 4/18/2009 8:30:00 AM
HFIN 3/15/2010 1:30:00 PM
HFIN 3/16/2010 9:00:00 AM
HB 36
SSHB 36 Hearing Request Sectional Analysis.pdf HFIN 4/18/2009 8:30:00 AM
HFIN 3/15/2010 1:30:00 PM
HFIN 3/16/2010 9:00:00 AM
HB 36
SSHB 36 Hearing Request Backup.pdf HFIN 4/18/2009 8:30:00 AM
HFIN 3/16/2010 9:00:00 AM
HB 36
SSHB 36 Hearing Request Sponsor Statement.pdf HFIN 3/16/2010 9:00:00 AM
HB 36
test HFIN 3/15/2010 1:30:00 PM
HFIN 3/16/2010 9:00:00 AM
HB 36
SSHB 36 Sponsor Statement .pdf HFIN 3/15/2010 1:30:00 PM
HFIN 3/16/2010 9:00:00 AM
HB 36
HB 36 Sectional Analysis Version S CSSSHB36 Recent.pdf HFIN 2/8/2010 1:30:00 PM
HFIN 3/15/2010 1:30:00 PM
HFIN 3/16/2010 9:00:00 AM
HB 36
SSHB 36 Backup.pdf HFIN 2/8/2010 1:30:00 PM
HFIN 3/15/2010 1:30:00 PM
HFIN 3/16/2010 9:00:00 AM
HB 36
HB36 NEW Fiscal Note Admin.pdf HFIN 2/8/2010 1:30:00 PM
HFIN 3/15/2010 1:30:00 PM
HFIN 3/16/2010 9:00:00 AM
HB 36
HB36 Thoma Opinion.pdf HFIN 2/8/2010 1:30:00 PM
HFIN 3/15/2010 1:30:00 PM
HFIN 3/16/2010 9:00:00 AM
HB 36
HB36 OOG FN.pdf HFIN 3/16/2010 9:00:00 AM
HJUD 4/6/2009 8:00:00 AM
HB 36
HB 36 Amendments #4-5 Doogan-Gara.pdf HFIN 3/16/2010 9:00:00 AM
HB 36