Legislature(2005 - 2006)CAPITOL 106

02/03/2005 08:00 AM House STATE AFFAIRS


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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
*+ HB 79 APPROP: DIVISION OF ELECTIONS TELECONFERENCED
Moved Out of Committee
*+ HB 97 OATHS; NOTARIES PUBLIC; STATE SEAL TELECONFERENCED
Moved CSHB 97(STA) Out of Committee
*+ HB 94 ELECTIONS TELECONFERENCED
Heard & Held
Bills Previously Heard/Scheduled
HB  79-APPROP: DIVISION OF ELECTIONS                                                                                          
                                                                                                                                
9:00:54 AM                                                                                                                    
                                                                                                                                
CHAIR SEATON announced that the  next order of business was HOUSE                                                               
BILL  NO. 79,  "An Act  making a  supplemental appropriation  for                                                               
increased  operating  costs of  the  division  of elections;  and                                                               
providing for an effective date."                                                                                               
                                                                                                                                
9:01:01 AM                                                                                                                    
                                                                                                                                
LAURA  GLASIER, Director,  Division of  Elections, Office  of the                                                               
Lieutenant Governor, noted  that the companion bill to  HB 79 was                                                               
heard  by and  moved out  of  the Senate  Finance Committee  last                                                               
week.   She  directed attention  to  a summary  [included in  the                                                               
committee packet] detailing all  the unexpected costs incurred by                                                               
the  division last  year, which  has  made it  necessary for  the                                                               
division to ask for supplemental funding.                                                                                       
                                                                                                                                
9:02:28 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE RAMRAS  said he's  been a voter  since the  age of                                                               
18.  He  commented on "the energy with which  both of the parties                                                               
approached the  absentee ballot opportunity."   He  observed that                                                               
it both enhanced the process and  undermined it, and it seemed to                                                               
put undue burden on [the division].                                                                                             
                                                                                                                                
9:04:42 AM                                                                                                                    
                                                                                                                                
MS. GLASIER  said it was an  amazing year for division,  which is                                                               
small and  provides a lot  of service.   There were  17 temporary                                                               
people working.   She said the division sent out  80 percent more                                                               
by-mail absentee  ballots [in  2004].  The  polling place  is not                                                               
the first  choice anymore.  She  remarked that there is  a higher                                                               
cost associated with making voting more accessible.                                                                             
                                                                                                                                
9:06:21 AM                                                                                                                    
                                                                                                                                
MS. GLASIER,  in response to  a comment by  Representative Gatto,                                                               
said abuse  of the system  happens every election year,  but it's                                                               
usually a  senior citizen who  forgets that he/she  already voted                                                               
by mail and then shows up to vote at the polls.                                                                                 
                                                                                                                                
9:07:53 AM                                                                                                                    
                                                                                                                                
MS.  GLASIER, in  response to  a request  for clarification  from                                                               
Representative  Gatto, said  the legislature  gives the  division                                                               
two appropriations  - one  for the primary  election and  one for                                                               
the general election - and  the division has its operation costs.                                                               
She explained  that the division  shifted its operating  costs to                                                               
cover elections,  which has  left the division  with no  money to                                                               
operate through the Fiscal Year ending June 30, 2005.                                                                           
                                                                                                                                
9:09:30 AM                                                                                                                    
                                                                                                                                
MS.  GLASIER,  in  response to  a  question  from  Representative                                                               
Gruenberg  regarding why  the division  used independent  counsel                                                               
rather than  using the  Department of  Law, explained  that there                                                               
was  a great  deal of  concern about  removing any  appearance of                                                               
political pressure or advice.                                                                                                   
                                                                                                                                
9:10:43 AM                                                                                                                    
                                                                                                                                
MS.  GLASIER,  in  response  to  a  request  from  Representative                                                               
Gruenberg, talked  about the  precedent for  combining elections.                                                               
She mentioned a time when a question  that had to be asked of the                                                               
citizens of Anchorage was added to the general election ballot.                                                                 
                                                                                                                                
9:11:34 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  GRUENBERG  surmised  that   the  division  had  a                                                               
contract  or agreement  with the  municipality [of  Anchorage] in                                                               
the last election [November 2004],  and he asked if that contract                                                               
was "based on the previous contract or agreement."                                                                              
                                                                                                                                
9:12:05 AM                                                                                                                    
                                                                                                                                
MS. GLASIER  answered yes.   In  response to  follow-up questions                                                               
from  Representative  Gruenberg,   she  offered  further  details                                                               
regarding the cost of the contract and when it might be billed.                                                                 
                                                                                                                                
9:12:50 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  GRUENBERG asked  how  that money  relates to  the                                                               
money that  the division is seeking  through HB 79.   He asked if                                                               
the money should be deducted from the amount being requested.                                                                   
                                                                                                                                
9:13:09 AM                                                                                                                    
                                                                                                                                
MS. GLASIER  emphatically answered no.   She explained  that when                                                               
the municipality of  Anchorage repays the state,  that money will                                                               
go into  the general fund.   She  said the division  doesn't have                                                               
statutory program receipt authority.                                                                                            
                                                                                                                                
                                                                                                                                
9:14:16 AM                                                                                                                    
                                                                                                                                
CHAIR  SEATON,  in  response  to  questions  from  Representative                                                               
Gruenberg, clarified  that the money  being requested  through HB
79 would be  appropriated from the general fund to  the Office of                                                               
the Lieutenant Governor.                                                                                                        
                                                                                                                                
9:15:17 AM                                                                                                                    
                                                                                                                                
CHAIR SEATON,  upon determining  that no  one wanted  to testify,                                                               
closed public testimony.                                                                                                        
                                                                                                                                
9:15:41 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE GATTO  asked what happens if  the division reaches                                                               
zero.                                                                                                                           
                                                                                                                                
9:16:35 AM                                                                                                                    
                                                                                                                                
MS. GLASIER said  there is no contingency fund,  but the division                                                               
has never  been broke while she  has been director.   In response                                                               
to  a  follow-up question  from  Representative  Gatto, she  said                                                               
there  is legislation  introduced that  addresses other  concerns                                                               
regarding the division.   She said the division  didn't know when                                                               
it  came  before the  legislature  last  year  that it  would  be                                                               
entering into  an agreement with  the municipality  of Anchorage,                                                               
or it  would have  known to  build in those  costs.   She offered                                                               
other examples of unexpected costs.                                                                                             
                                                                                                                                
9:18:51 AM                                                                                                                    
                                                                                                                                
CHAIR  SEATON reminded  committee  members  that the  Legislative                                                               
Council and  the Joint Committee  on Legislative Budget  is there                                                               
to act  [during the legislative  interim].  Furthermore,  he said                                                               
he thinks that Ms. Glasier would  be reticent to spend money that                                                               
hadn't been allocated to her  division, and "we would be reticent                                                               
to have  her even  ... express that  we think  the administration                                                               
should start spending money that we haven't appropriated."                                                                      
                                                                                                                                
9:19:36 AM                                                                                                                    
                                                                                                                                
MS.  GLASIER,  in  response to  a  question  from  Representative                                                               
Ramras,  revealed that  she has  been with  the division  for two                                                               
years.  In response to  a follow- up question from Representative                                                               
Ramras  regarding whether  the  trend  in nonconventional  voting                                                               
will increase,  she noted  that voting by  mail has  increased in                                                               
the last  year.  However,  she pointed  out that the  numbers are                                                               
always higher in  a presidential year.  Another  cause for higher                                                               
voting  by mail  is  the number  of men  and  women overseas  [in                                                               
Iraq].                                                                                                                          
                                                                                                                                
9:22:13 AM                                                                                                                    
                                                                                                                                
MS.  GLASIER,  in  response to  a  question  from  Representative                                                               
Gruenberg regarding  how much the  division will need to  make it                                                               
through the year,  said probably more than it is  requesting.  In                                                               
response to  a follow-up question from  Representative Gruenberg,                                                               
she  confirmed that  there would  be a  meeting in  the next  few                                                               
days, and she  believes she may be able to  provide the necessary                                                               
numbers then.                                                                                                                   
                                                                                                                                
9:23:27 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE GRUENBERG suggested holding the bill until then.                                                                 
                                                                                                                                
9:24:04 AM                                                                                                                    
                                                                                                                                
CHAIR SEATON  clarified that additional  funds may  be requested.                                                               
He asked Ms. Glasier if [HB  79] would be the appropriate vehicle                                                               
to which those additional funds should be attached.                                                                             
                                                                                                                                
9:24:39 AM                                                                                                                    
                                                                                                                                
MS. GLASIER  answered, "It  could be in  this vehicle  or another                                                               
vehicle."   She  added,  "It  could be  included  in the  regular                                                               
supplemental,  as well."   In  response to  a follow-up  question                                                               
from Chair  Seaton, she said  the additional funds  are operating                                                               
costs that  were not  included in the  projection and  affect the                                                               
final number and what is needed.   She reported that, as noted in                                                               
part  of the  governor's transmittal  letter, the  projected date                                                               
the  division will  be out  of funds  is by  the end  of February                                                               
[2005].                                                                                                                         
                                                                                                                                
9:26:24 AM                                                                                                                    
                                                                                                                                
MS.  GLASIER,  in  response to  a  question  from  Representative                                                               
Gatto, said she has not explored  what the results of running out                                                               
at the  end of the  month would be,  because she thinks  that the                                                               
appropriation will  make it through.   She said,  "Sending people                                                               
home in  an election  office 22-  to 23-people  strong throughout                                                               
the state ... is a critical decision to make."                                                                                  
                                                                                                                                
9:26:57 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  ELKINS  opined  that  it  is  important  for  the                                                               
division to get the money being  requested in [HB 79] now, and he                                                               
encouraged the committee to move the proposed legislation.                                                                      
                                                                                                                                
9:27:52 AM                                                                                                                    
                                                                                                                                
MS.  GLASIER,  in  response to  a  question  from  Representative                                                               
Gruenberg, said she  would prefer the bill move  out of committee                                                               
today.                                                                                                                          
                                                                                                                                
9:28:17 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE GRUENBERG moved  to report HB 79  out of committee                                                               
with individual  recommendations.  There  being no  objection, HB
79  was  reported  out  of   the  House  State  Affairs  Standing                                                               
Committee.                                                                                                                      

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