Legislature(2003 - 2004)

05/05/2004 04:22 PM House FIN

Audio Topic
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
HOUSE CS FOR CS FOR SENATE BILL NO. 351(STA)                                                                                  
                                                                                                                                
     An Act  requiring the  Alaska Public Offices  Commission                                                                   
     to  accept   documents  by   nonelectronic  means,   and                                                                   
     specifying  the manner of  preparing the forms  that are                                                                   
     provided by the commission.                                                                                                
                                                                                                                              
SENATOR LYDA  GREEN, SPONSOR, explained that  recently passed                                                                   
legislation  regarding the Alaska  Public Offices  Commission                                                                   
(APOC)  inadvertently included  the words,  "upon request  of                                                                   
the  Commission" which  gave the  APOC  authority to  require                                                                   
electronic  filing of  election  campaign  records. She  felt                                                                   
that this  should be changed.  Although all candidates  would                                                                   
eventually turn  to electronic  equipment, the program  would                                                                   
not  be ready  for  at least  two years.  The  bill has  been                                                                   
narrowed  to candidates  for election  and provides that  the                                                                   
information  may be  printed  legibly in  dark  ink on  forms                                                                   
approved  and  filed  by  the  Commission.  She  expressed  a                                                                   
concern  that forms  be filed  timely and be  made ready  for                                                                   
public review.  She disagreed with the current  emphasis that                                                                   
the information  be immediately available to  the public over                                                                   
the Internet.                                                                                                                   
                                                                                                                                
Senator Green  pointed out the  language that was  changed on                                                                   
page 1, line 6, "The commission  may request," and offered it                                                               
for the Committee's consideration.                                                                                              
                                                                                                                                
Representative  Joule asked if  faxes would be  an acceptable                                                                   
means of filing.  Senator Green  explained that filing may be                                                                   
by fax, mail or electronically.                                                                                                 
                                                                                                                                
Vice-Chair Meyer  voiced support for the bill  because he had                                                                   
experienced  software   glitches  in  filing   electronically                                                                   
during the past ten years.                                                                                                      
                                                                                                                                
Representative Chenault asked  if a candidate could still fax                                                                   
the  reports  under  the  proposed   changes.  Senator  Green                                                                   
replied  that under the  current statute,  if APOC  requested                                                                   
it,  a   candidate  could   only  transmit  the   information                                                                   
electronically.  She  felt that  the  APOC should  waive  the                                                                   
requirement   for  Representative   Joule's  district   if  a                                                                   
candidate   didn't  own   a  computer.   She  believed   that                                                                   
candidates  should  be  able  to  file  in  their  accustomed                                                                   
manner.                                                                                                                         
                                                                                                                                
BROOK  MILES,  EXECUTIVE  DIRECTOR,   ALASKA  PUBLIC  OFFICES                                                                   
COMMISSION (APOC), DEPARTMENT  OF ADMINISTRATION, stated that                                                                   
the  APOC does  not support  the bill.  The Commission  views                                                                   
this reversal of the ability to  request electronic filing as                                                                   
a serious impediment.                                                                                                           
                                                                                                                                
TAPE HFC 04 - 106, Side B                                                                                                     
                                                                                                                                
Ms.  Miles  continued,  stating  that  when  the  Legislature                                                                   
agreed to  give the APOC  electronic filing, it  also reduced                                                                   
the Commission's budget by $100  thousand, which has resulted                                                                   
in a 20%  reduction to its  workforce.  She pointed  out that                                                                   
there  is fewer  staff  to do  a lot  more  work, and  having                                                                   
electronic  filing would  change  APOC's  ability to  conduct                                                                   
business,  as well  as inform  the public of  changes in  the                                                                   
law. The fiscal  note is Indeterminate because  APOC does not                                                                   
know how many people will choose  to file paper documents and                                                                   
how  many  will  file electronically.  Ms.  Miles  said  that                                                                   
historically, never  higher than  15% of all candidates  have                                                                   
filed  electronically.  She  said   that  without  additional                                                                   
funding, the APOC would be unable  to meet its mission. There                                                                   
would be  significant  delays in getting  the information  to                                                                   
the public in the 2004 State election,  and the problem would                                                                   
be magnified in the 2006 gubernatorial election.                                                                                
                                                                                                                              
Vice-Chair Meyer  asked if the  APOC could scan  or otherwise                                                                   
avoid  retyping the  information  filed on  paper. Ms.  Miles                                                                   
affirmed  that it  would be  possible  to scan  forms, but  a                                                                   
relational  database would not  be possible  if a picture  is                                                                   
scanned in.                                                                                                                     
                                                                                                                                
Vice-Chair Meyer thought that  candidates with multiple terms                                                                   
would  prefer electronic  filing  because it  is easier.  Ms.                                                                   
Miles said  the current program  requires that  the candidate                                                                   
fill  out the  campaign disclosure  form electronically,  but                                                                   
the new program is more interactive and "user friendly."                                                                        
                                                                                                                                
Representative Fate asked if the  program is operational, and                                                                   
commented that there  were a lot of glitches  in the upgraded                                                                   
filing  software that  led to  him filing a  couple of  typed                                                                   
pages.   Ms. Miles replied that  the APOC will use a [indisc]                                                                   
by next summer,  or at least in next year's  municipal races.                                                                   
She said that it would be tested beforehand.                                                                                    
                                                                                                                                
Representative Foster  MOVED to report HCS CSSB  351(STA) out                                                                   
of  Committee   with  individual   recommendations   and  the                                                                   
accompanying fiscal  note.  There being NO  OBJECTION, it was                                                                   
so ordered.                                                                                                                     
                                                                                                                                
HCS CSSB  351(STA) was REPORTED  out of Committee with  a "do                                                                   
pass"  recommendation  and one  previously  published  fiscal                                                                   
impact note.                                                                                                                    
                                                                                                                                

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