Legislature(2011 - 2012)

2012-02-10 House Journal

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2012-02-10                     House Journal                      Page 1557
HB 311                                                                                                                        
The following was read the second time:                                                                                         
                                                                                                                                
     HOUSE BILL NO. 311                                                                                                         
     "An Act relating to certain information filed with the Alaska                                                              
     Public Offices Commission; and providing for an effective date."                                                           
                                                                                                                                
with the:                                                     Journal Page                                                      
                                                                                                                                
 STA RPT CS(STA) NT 5DP 1AM                                           1551                                                      
 FN1: ZERO(H.STA)                                                     1551                                                      
                                                                                                                                
Representative Austerman moved and asked unanimous consent that                                                                 
the following committee substitute be adopted in lieu of the original                                                           
bill:                                                                                                                           
                                                                                                                                
     CS FOR HOUSE BILL NO. 311(STA)                                                                                             
     "An Act relating to the filing of information with the Alaska                                                              
     Public Offices Commission; and providing for an effective date."                                                           
                                                                                                                                
There being no objection, it was so ordered.                                                                                    
                                                                                                                                
Amendment No. 1 was offered  by Representative Johnson:                                                                          
                                                                                                                                
Page 1, following line 3:                                                                                                       
     Insert a new bill section to read:                                                                                         
"* Section 1. AS 15.13.040(m) is amended to read:                                                                             
         (m)  Information required under this chapter shall be                                                                  
     submitted to the commission electronically, except that the                                                                
     following information may be submitted in clear and legible black                                                          
     typeface or hand-printed in dark ink on paper in a format approved                                                         
         by the commission or on forms provided by the commission:                                                             
              (1)  information submitted by                                                                                     
                  (A)  a candidate for election to a borough or city                                                            
         office of mayor, membership on a borough assembly, city                                                                
         council, or school board, or any state office, who                                                                     
                       (i)  meets the requirements of (g)(1) - (3) of this                                                  
              section; or                                                                                                       
                       (ii)  does not have reasonable access to the                                                         
              technology necessary to file electronically; in this sub-                                                     

2012-02-10                     House Journal                      Page 1558
              subparagraph, a candidate is considered not to have                                                           
              reasonable access to the technology necessary to file                                                         
              electronically if the candidate does not own a personal                                                       
              computer or does not have broadband Internet access                                                           
              at the candidate's residence; in this sub-                                                                    
              subparagraph, "broadband Internet access" means                                                               
              high-speed Internet access that is always on and that is                                                      
              faster than traditional dial-up access; or                                                                    
                  (B)  a candidate for municipal office for a                                                                   
         municipality with a population of less than 15,000; in this                                                            
         subparagraph, "municipal office" means the office of an                                                                
         elected borough or city                                                                                                
                       (i)  mayor; or                                                                                           
                       (ii)  assembly, council, or school board member;                                                         
              (2)  any information if the commission determines that                                                            
     circumstances warrant an exception to the electronic submission                                                            
     requirement."                                                                                                              
                                                                                                                                
Page 1, line 4:                                                                                                                 
     Delete "Section 1"                                                                                                       
     Insert "Sec. 2"                                                                                                          
                                                                                                                                
Renumber the following bill sections accordingly.                                                                               
                                                                                                                                
                                                                                                                                
Page 2, line 21, following "AS 15.13.040(m)":                                                                                   
     Insert ", as amended by sec. 1 of this Act,"                                                                               
                                                                                                                                
Page 2, line 30:                                                                                                                
     Delete "sec. 1"                                                                                                            
     Insert "sec. 2"                                                                                                            
                                                                                                                                
Page 3, line 2:                                                                                                                 
     Delete "sec. 1"                                                                                                            
     Insert "sec. 2"                                                                                                            
                                                                                                                                
Page 3, line 5:                                                                                                                 
     Delete "Sections 1 and 4"                                                                                                  
     Insert "Sections 1, 2, and 5"                                                                                              
                                                                                                                                

2012-02-10                     House Journal                      Page 1559
Representative Johnson moved and asked unanimous consent that                                                                   
Amendment No. 1 be adopted.                                                                                                     
                                                                                                                                
Objection was heard and withdrawn.  There being no further objection,                                                           
Amendment No. 1 was adopted.                                                                                                    
                                                                                                                                
Amendment No. 2 was offered  by Representative Johansen:                                                                         
                                                                                                                                
Page 2, line 21:                                                                                                                
     Delete "2013"                                                                                                              
     Insert "2012"                                                                                                              
                                                                                                                                
Page 3, lines 1 - 2:                                                                                                            
     Delete "the effective date of sec. 1 of this Act"                                                                          
     Insert "February 16, 2012"                                                                                                 
                                                                                                                                
Representative Johansen moved and asked unanimous consent that                                                                  
Amendment No. 2 be adopted.                                                                                                     
                                                                                                                                
Representative Hawker objected.                                                                                                 
                                                                                                                                
                                                                                                                                
The question being:  "Shall Amendment No. 2 be adopted?"  The roll                                                              
was taken with the following result:                                                                                            
                                                                                                                                
CSHB 311(STA) am                                                                                                                
Second Reading                                                                                                                  
Amendment No. 2                                                                                                                 
                                                                                                                                
YEAS:  4   NAYS:  33   EXCUSED:  3   ABSENT:  0                                                                               
                                                                                                                                
Yeas:  Doogan, Johansen, Kawasaki, Millett                                                                                      
                                                                                                                                
Nays:  Austerman, Chenault, Cissna, Costello, Dick, Edgmon,                                                                     
Fairclough, Feige, Foster, Gara, Gardner, Gatto, Gruenberg,                                                                     
Guttenberg, Hawker, Holmes, Johnson, Joule, Keller, Kerttula, Lynn,                                                             
Miller, Munoz, Neuman, Petersen, Pruitt, Saddler, Seaton, Stoltze,                                                              
Thomas, Tuck, P.Wilson, T.Wilson                                                                                                
                                                                                                                                
Excused:  Herron, Olson, Thompson                                                                                               
                                                                                                                                
And so, Amendment No. 2 was not adopted.                                                                                        
                                                                                                                                

2012-02-10                     House Journal                      Page 1560
**Representative Edgmon, who was excused (page 1545), left the                                                                  
Chamber.                                                                                                                        
                                                                                                                                
Representative Austerman moved and asked unanimous consent that                                                                 
CSHB 311(STA) am be considered engrossed, advanced to third                                                                     
reading, and placed on final passage.  There being no objection, it was                                                         
so ordered.                                                                                                                     
                                                                                                                                
CSHB 311(STA) am was read the third time.                                                                                       
                                                                                                                                
Representative Hawker moved and asked unanimous consent that he                                                                 
be allowed to abstain from voting because of a conflict of interest.                                                            
Objection was heard, and Representative Hawker was required to vote.                                                            
                                                                                                                                
The question being:  "Shall CSHB 311(STA) am pass the House?"                                                                   
The roll was taken with the following result:                                                                                   
                                                                                                                                
CSHB 311(STA) am                                                                                                                
Third Reading                                                                                                                   
Final Passage                                                                                                                   
                                                                                                                                
YEAS:  35   NAYS:  1   EXCUSED:  4   ABSENT:  0                                                                               
                                                                                                                                
Yeas:  Austerman, Chenault, Cissna, Costello, Dick, Doogan,                                                                     
Fairclough, Feige, Foster, Gardner, Gatto, Gruenberg, Guttenberg,                                                               
Hawker, Holmes, Johansen, Johnson, Joule, Kawasaki, Keller,                                                                     
Kerttula, Lynn, Miller, Millett, Munoz, Neuman, Petersen, Pruitt,                                                               
Saddler, Seaton, Stoltze, Thomas, Tuck, P.Wilson, T.Wilson                                                                      
                                                                                                                                
Nays:  Gara                                                                                                                     
                                                                                                                                
Excused:  Edgmon, Herron, Olson, Thompson                                                                                       
                                                                                                                                
And so, CSHB 311(STA) am passed the House.                                                                                      
                                                                                                                                
                                                                                                                                
Representative Austerman moved and asked unanimous consent that                                                                 
the roll call on the passage of the bill be considered the roll call on the                                                     
effective date clause.  There being no objection, it was so ordered.                                                            
                                                                                                                                
Representative Hawker gave notice of reconsideration of the vote on                                                             
CSHB 311(STA) am.