NOTICE
OF PROPOSED CHANGES IN THE
REGULATIONS
OF THE ALASKA PUBLIC OFFICES COMMISSION
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BRIEF DESCRIPTION
The Alaska Public Offices
Commission proposes several changes to APOC’s regulations. The proposed
regulations would clarify when a candidate can file a letter of intent to run
for office. The proposed regulations would clarify when and how certain
groups register with APOC. The proposed regulations will clarify how certain
filers should report expenditures that have been incurred by the filer but
not yet paid. The proposed regulations will also clarify when filers amend
campaign finance reports. The proposed regulations would remove an existing
requirement that filers must report cumulative amounts for a campaign
contribution but only when the contributions are part of an ongoing payroll
deduction. The proposed regulations would also clarify the rules for disbanding
groups. The proposed regulations will
clarify certification requirements when filing certain reports. The proposed
regulations will remove the requirement that filers file a specific form when
requesting an exemption or a waiver from APOC. The proposed regulations
clarify when a campaign report is late. The proposed regulations allow
parties to withdraw a complaint prior to Commission action. The proposed
regulations clarify when a respondent to a complaint may respond to both the
complaint and the investigation report. The regulations further correct
citation errors and allow the Commission more flexibility in implementing
electronic filing.
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The Alaska Public Offices
Commission proposes to adopt regulation changes in Title 50 of the Alaska
Administrative Code, dealing with Campaign Disclosure 2 AAC 50.250 to 2 AAC
50.405, Alaska Public Office Commission Procedures 2 AAC 50.801 to 2 AAC 50.895
and General Provisions 2 AAC 50.900 to 2 AAC 50.995, including the following:
2 AAC 50.274 is
proposed to be amended to clarify the language that limits when a letter of
intent may be filed. The intent of the proposed
change is to harmonize the regulation with language in AS 15.13.074(c) and to make
it clear that the 18 month period in the current regulation language does not
refer to 18 months before a primary election.
The proposed amendment would further recognize the exception for a
candidate draft group to the general rule that expenditures may not be made on
behalf of an individual before that individual files a letter of intent.
2 AAC
50.274(b), 2 AAC 50.282, 2 AAC 50.286 and 2 AAC 50.290(a) are proposed to be amended
to replace “on a form” and “on the form” language with “in the format” and “on
that filing” to properly reflect the current electronic filing system which
does not utilize a form.
2 AAC 50.290(a)
is proposed to be amended to clarify the requirement that an ongoing group
register each year.
2 AAC 50.302 is proposed to be amended to add
the word “candidate” to the title line of the regulation to clarify that this
regulation does not refer to a political party subgroup commonly known as a
subordinate unit.
2 AAC 50.321
is proposed to be amended to clarify how to report incurred but not paid
campaign expenses, is further proposed to be amended to simplify electronic
filing requirements for entities that have no activity since its last report, and
to add a new subsection to specify when a campaign disclosure report must be
amended.
2 AAC 50.329 is
proposed to be amended to remove the requirement that groups or nongroup entities
report cumulative contribution amounts from each contributor when the contributions
are the result of ongoing payroll deduction or dues programs.
2 AAC
50.384(c) is proposed to be amended to remove surplus language related to the
disbursement of the campaign money of a group.
2 AAC 50.816
is proposed to be amended to add a subsection clarifying the requirement to
certify a report filed under AS 15.13.040(p).
2 AAC
50.821(a) is proposed to be amended to remove language requiring a request for
exemption or waiver be submitted on a form specified by the commission. The proposed
amendment also harmonizes this regulation with 2 AAC 50.816 and extends the due
date for an exemption or waiver request filing by one day.
2 AAC 50.855
is proposed to be amended to remove the word “before” in the regulation to
effectively add a day when calculating the civil penalty assessment on a late
filed registration, statement or report. The proposed amendment also harmonizes
this regulation with 2 AAC 50.845.
2 AAC 50.870
is proposed to be amended to add a new subsection to allow for withdrawal of a
complaint when resolved by the parties and the complainant without prior consideration
by commission members.
2 AAC 50.880
is proposed to be amended to harmonize the time period for an answer to an
investigation report throughout existing regulations.
2 AAC
50.990(13)(B) is proposed to be amended to correct a typographical error in the
“gift” definition.
You may comment on the
proposed regulation changes, including the potential costs to private persons
of complying with the proposed changes, by submitting written comments to Jerry
D. Anderson, Assistant Director, Alaska Public Office Commission at 2221 E.
Northern Lights Blvd, Suite 128, Anchorage, AK
99508-4149. Additionally, the Alaska
Public Offices Commission will accept comments by facsimile at (907) 276-7018
and by electronic mail at doa.apoc.regs@alaska.gov. The comments must be received no later than
4:00 p.m. on July 28, 2014.
Oral or written comments also may be submitted at a
hearing to be held on July 16, 2014, in Suite 128, 2221 East Northern Lights Blvd.
Anchorage, AK. The hearing will be held
from 9:00 a.m. to 11:00 a.m. and might be extended to accommodate those present
before 10:30 a.m. who did not have an opportunity to comment.
If you are a person with a
disability who needs a special accommodation in order to participate in this
process, please contact Maria Bulfa, APOC Staff at (907) 276-4176 no later than
July 9, 2014 to ensure that any necessary accommodations can be provided.
For a copy of the proposed
regulation changes, contact Jerry D. Anderson at (907) 276-4176 or jerry.anderson@alaska.gov, or go to
doa.alaska.gov/apoc/.
After the public comment
period ends, the Alaska Public Offices Commission will either adopt the
proposed regulation changes or other provisions dealing with the same subject,
without further notice, or decide to take no action. The language of the final regulations may be
different from that of the proposed regulations. You
should comment during the time allowed if your interests could be affected.
Statutory Authority: AS 15.13.030(9)
Statutes Being Implemented, Interpreted, or Made Specific: AS 15.13; AS 24.45; AS 24.60.200
to 24.60.260 and .990; AS 39.50
Fiscal Information: The proposed regulation changes
are not expected to require an increased appropriation.
DATE: June 5, 2014 /s/
Paul
Dauphinais, Executive Director