CONFERENCE COMMITTEE ON HB 3458-B

 

 

August 3, 2005   Hearing Room C

3:00 P.M.             Tape 2

 

MEMBERS PRESENT:            Rep. Derrick Kitts, Chair

Sen. Kate Brown

Sen. Ginny Burdick

Sen. Jeff Kruse

Rep. Greg Smith

Rep. Kelley Wirth

 

STAFF PRESENT:                  Cletus Moore, Committee Administrator

Mike Reiley, Committee Assistant

 

MEASURES/ISSUES HEARD:

                                                HB 3458-B – Work Session

 

These minutes are in compliance with Senate and House Rules.  Only text enclosed in quotation marks reports a speaker’s exact words.  For complete contents, please refer to the tapes.

 

TAPE/#

Speaker

Comments

TAPE 2, A

003

Chair Kitts

Calls the meeting to order at 3:39 p.m. Opens a work session on        HB 3458-B.

HB 3458-B – WORK SESSION

005

Cletus Moore

Committee Administrator. Explains the –B30 amendments (EXHIBIT A).

009

Rep. G. Smith

Asks for further clarification of the bill and the amendments.

015

Ted Reutlinger

Office of Legislative Counsel. Explains the –B30 amendments.

030

Rep. G. Smith

Asks for a clarification of the reporting time frame.

032

Chair Kitts

Answers that in July 2006, a campaign contribution must be reported in 30 days.

033

Reutlinger

Concurs with Chair Kitts and clarifies the reporting time frame.

041

Sen. Brown

Clarifies the reporting timeframe and the effective date of the bill.

050

Rep. G. Smith

Asks about the six-week campaign reporting timeframe and how it was achieved.

053

Chair Kitts

Explains the negotiation process that resulted in the six-week timeframe.

061

Rep. G. Smith

Asks about the advantage of a six-week reporting timeframe.

063

Chair Kitts

Explains the public access to public campaign contributions.

065

Sen. Kruse

Adds that candidates and political action committees (PACs) will find the campaign system easier to use.

069

Sen. Burdick

Asks how mistakes in campaign reporting could be fixed without being fined.

072

Reutlinger

Explains that the bill does not change the current system operations for amendments that are filed for reports. Describes how the Secretary of State would enforce the transfer from paper to electronic reporting.

082

Chair Kitts

Explains that the system would automatically aggregate contributions with the intent being a system that does not allow mistakes.

091

Sen. Burdick

Asks how amendments and insufficiencies would be addressed.

095

Fred Neal

Campaign Finance Manager, State Elections Division. Explains the operations of the electronic reporting system and how it will eliminate mistakes in reporting.

118

Sen. Kruse

Explains that rules will need to be written by the office of the Secretary of State rather than statute.

122

Chair Kitts

Adds that a penalty-free provision will be in effect during the implementation of the electronic system.

125

Rep. G. Smith

Asks for an explanation of Section 12 of the bill.

129

Neal

Explains Section 12 of the bill.

141

Chair Kitts

Adds that a candidate cannot pay himself to perform duties on his campaign such as treasurer or campaign manager.

144

Sen. Brown

States that the provisions were in the original version of the bill passed by the House.

146

Chair Kitts

Notes that Section 12 of the bill may face constitutional questions.

149

Rep. G. Smith

Asks if a candidate could hire his children to work on his campaign.

151

Neal

Answers yes.

153

Sen. Burdick

States that she works for an advertising/public relations firm and asks about associated limits that may be applicable.

156

Neal

Responds that it needs to be examined by the Secretary of State’s office for clarification.

159

Chair Kitts

Notes that an example such as that cited by Sen. Burdick may be a potential constitutional conflict.

165

Sen. Burdick

Asks about a candidate working for and receiving salary from a firm and its effect on campaign operations.

169

Neal

Answers that there is a separation between working for a company and potential campaign operations.

173

Sen. Brown

Clarifies that the purpose of the bill is to prevent a candidate from being paid for work done on his or her own campaign.

178

Rep. Wirth

Asks if she could be hired by Rep. Smith to work on his campaign.

180

Neal

Answers yes.

185

Sen. Brown

MOTION:  Moves to ADOPT HB 3458-B-B30 amendments dated 8/2/05.

189

Rep. G. Smith

Asks for a clarification of the intent of the bill.

191

Sen. Brown

Explains the compromise of the House and Senate versions of the bill related to reporting timeframe.

198

Sen. Kruse

Explains that the system will be “test driven” during the next election cycle and it can be amended if necessary.

208

Chair Kitts

Thanks the members of the conference committee.

 

 

VOTE:  6-0-0

AYE:            In a roll call vote, all members present vote Aye.

 

Chair Kitts

The motion CARRIES.

223

Fred Neal

Offers clarification of the seven-day reporting period for primary and general election and explains the timeframe considerations certificate of limited expenditure.

239

Sen. Kruse

Notes that the system is based on campaign contribution activity and if a candidate loses in the primary election, there will not be much activity to report in the general election.

245

Sen. Brown

MOTION:  Moves HB 2458-B to the floor with the recommendation that the House CONCUR in Senate amendments dated 6/22/05 and that the bill be FURTHER AMENDED by ADOPTING the HB 3458-B-B30 amendments dated 8/2/05 and the measure be REPASSED.

251

Rep. G. Smith

Commends the work of the Secretary of State on the bill. Points out that honesty cannot be legislated and it is important for candidates to be forthright during the process. States that the bill represents the beginning, not the end of campaign finance reform.

273

Rep. Wirth

States support for the bill.

 

 

VOTE:  6-0-0

AYE:            In a roll call vote, all members present vote Aye.

 

Chair Kitts

The motion CARRIES.

REP. KITTS will lead discussion on the House floor.

SEN. BROWN and SEN. KRUSE will lead discussion on the Senate floor.

288

Chair Kitts

Closes the work session on HB 3458-B. Adjourns the meeting at 4:00 p.m.

 

 

EXHIBIT SUMMARY

 

  1. HB 3458, -B30 amendments, staff, 3 pp