Legislature(2011 - 2012)CAPITOL 106
02/09/2012 08:00 AM House STATE AFFAIRS
| Audio | Topic |
|---|---|
| Start | |
| HB311 | |
| HB190 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| + | SB 89 | TELECONFERENCED | |
| *+ | HJR 33 | TELECONFERENCED | |
| + | TELECONFERENCED | ||
| += | HB 190 | TELECONFERENCED | |
| += | HB 311 | TELECONFERENCED | |
HB 311-REPORTS TO APOC
8:12:19 AM
CHAIR LYNN announced that the first order of business was HOUSE
BILL NO. 311, "An Act relating to certain information filed with
the Alaska Public Offices Commission; and providing for an
effective date."
8:12:52 AM
REPRESENTATIVE KELLER moved to rescind the House State Affairs
Standing Committee's action in reporting CSHB 311(STA) out of
the House State Affairs Standing Committee on 2/7/12.
8:13:22 AM
REPRESENTATIVE JOHANSEN objected for the purpose of discussion.
8:13:51 AM
REPRESENTATIVE KERTTULA, on behalf of the House Rules Standing
Committee, sponsor, explained the reason behind the motion to
rescind. She indicated that while Representative Hawker's focus
was on electronic filing, she had encouraged the allowance of
paper filing. She further indicated that after hearing feedback
from the Alaska Public Offices Commission (APOC) and legislators
who still file by paper, she has realized that the movement is
toward electronic filing and CSHB 311(STA) did not support that
movement. Representative Kerttula noted that there is a version
of the proposed legislation she hopes will be adopted, that
would still allow APOC to grant exceptions to those who are not
able to file electronically, and would allow a one-year grace
period, through a campaign cycle, to "bring everybody onto the
electronic filing."
8:15:09 AM
REPRESENTATIVE JOHANSEN removed his objection. There being no
further objection, HB 311, as amended, was before the committee.
8:15:23 AM
REPRESENTATIVE KELLER moved to adopt the proposed committee
substitute (CS) for HB 311, Version 27-LS1233\D, Bullard,
2/8/12, as a work draft. There being no objection, Version D
was before the committee.
8:17:52 AM
REPRESENTATIVE MIKE HAWKER, Alaska State Legislature, explained
the changes made in Version D, on behalf of the House Rules
Standing Committee, sponsor. He said under Version D,
electronic filing would be mandatory with two exceptions: the
exception already under statute wherein APOC may make exemptions
from electronic filing when it determines it is necessary to do
so; and a transition provision that would allow paper filing for
one more year, through the end of the current election cycle.
8:19:13 AM
REPRESENTATIVE HAWKER said Section 1 of Version D is consistent
with Section 1 of the original bill, in that it would ensure
that when imposing electronic filing, whatever form imposed by
APOC would be accessible on the APOC web site. It would also
ensure that a candidate is allowed to file electronically in a
manner that involves submitting data in the form of an
electronic spreadsheet or data file in a format prescribed by
APOC. He said the intent is to encourage APOC to create an
electronic filing mechanism that is easy for candidates to use
and tracks their use; however, if for any reason a candidate has
difficulty accessing the system through the web site, he/she
would be allowed to submit data via an electronic spreadsheet
approved by APOC, and APOC would then be able to take that data
and upload it into the commission's system.
8:21:52 AM
REPRESENTATIVE HAWKER, in response to Representative Johansen,
said the provision [in Section 1, paragraph (2)], allowing
filing in the form of an electronic spreadsheet, is a permanent
provision. In response to a follow-up question, he confirmed
that this provision would be available to all who file, whether
or not they apply for an exemption.
8:22:38 AM
REPRESENTATIVE HAWKER said AS 15.13.110 outlines what APOC must
disclose to the public, and Section 2 of Version D clarifies
that APOC would satisfy its requirement to publish information
filed by paper by posting a copy of that information via a
scanned image within two days after receiving it. He said the
two-day period is consistent with the reporting mandate in AS
15.13.040.
REPRESENTATIVE HAWKER said under current statute, the commission
must produce a summary of all filings within 30 days following
the election. He relayed that language in Section 2 of Version
D would change that to within 30 days of the filing of all
electronic reports. He said because of the speed of electronic
reporting, it should be available instantly. He said Version D
would maintain the current mandate that the commission must make
available, within 30 days of the election, summaries for reports
filed by paper.
8:30:03 AM
REPRESENTATIVE HAWKER directed attention to Section 3, which
read as follows:
*Sec.3.AS 15.13.110 is amended by adding a new
subsection to read:
(i) During a campaign period, the commission
may not change the manner or format in which reports
required of a candidate under this chapter must be
filed. In this subsection, "campaign period" means
the period beginning on the date that a candidate
files a declaration of candidacy under AS 15.25.030 or
a letter of intent under AS 15.25.105 and ending on
the date that a report must be filed under AS
15.13.110(a)(4).
REPRESENTATIVE HAWKER said he supplied the committee with a
suggested amendment, [subsequently titled Amendment 1], which
would change the definition of "campaign period" on the second
sentence of subsection (i), in Section 3. He said the amendment
would simplify the bill by adding generic language that would
cover all campaign periods, rather than trying to inventory them
all; it would make the campaign period begin on the date each
candidate becomes eligible to receive campaign contributions and
end on the date the final report must be filed.
8:36:00 AM
REPRESENTATIVE HAWKER explained that even if two campaign
periods overlap for a particular candidate, he/she still cannot
raise money until 18 months before the General Election;
therefore, there would always be a window during which APOC
would be allowed to make changes.
8:39:18 AM
REPRESENTATIVE HAWKER stated that Section 4 would create a one-
year window, which would allow candidates to file by paper until
February 16, 2013. He said, "After that, we revert completely
to the electronic filing mandate that's actually been on the
books since 2007, but has not been enforced." Representative
Hawker said Section 5 is a protection clause, under which any
candidate who, during the current campaign cycle, files
electronically consistent with methods under Section 1 of the
proposed legislation or by a paper format approved by the
commission, will not be subject to a penalty for failure to
file.
8:42:12 AM
REPRESENTATIVE HAWKER stated a conflict of interest. He
explained that on 2/1/12, he filed statutorily required
disclosures via a spreadsheet format that had been acceptable up
to 12/29/11. He said he does not have the necessary computer
equipment in Juneau to legally avail himself of the electronic
system being imposed by APOC. He offered his understanding that
although he has requested an exemption from APOC, it is still
possible that he could be fined, and the proposed legislation
would protect him from being fined.
8:43:28 AM
REPRESENTATIVE HAWKER said Section 6 would make Sections 1-4
retroactive to 12/1/11.
8:44:34 AM
The committee took an at-ease from 8:44 a.m. to 8:46 a.m.
8:46:31 AM
REPRESENTATIVE HAWKER referred again to the suggested amendment.
8:47:00 AM
REPRESENTATIVE KELLER moved to adopt Amendment 1, which read as
follows [original punctuation provided, with some handwritten
changes]:
Page 2, line 15, following "subsection":
DELETE "'campaign period' means the period
beginning on the date that a candidate files a
declaration of candidacy under AS 15.25.030 or letter
of intent under AS 15.25.105 and ending on the date
that a report must be filed under AS 15.13.110(a)(4)."
INSERT "'campaign period' means the period
beginning on the date that a candidate become eligible
to receive campaign contributions under this chapter
and ending on the date that a final report for that
same campaign must be filed."
8:48:09 AM
REPRESENTATIVE P. WILSON objected and then withdrew her
objection.
CHAIR LYNN announced that there being no further objection,
Amendment 1 was adopted.
8:48:53 AM
REPRESENTATIVE HAWKER reiterated the effect of Amendment 1.
8:49:46 AM
REPRESENTATIVE KERTTULA echoed the previous statements made by
Representative Hawker regarding the effects of HB 311.
8:50:12 AM
REPRESENTATIVE HAWKER, in response to a series of questions from
Chair Lynn, offered clarification of what would and would not be
changed under HB 311, Version D. In response to Representative
Seaton, confirmed that the bill addresses only candidate
filings; it does not address groups or non-group entities.
8:51:48 AM
REPRESENTATIVE JOHANSEN noted that the next reporting period for
legislators takes place in six months, and he asked if the bill
sponsor had considered adopting APOC's new system in conjunction
with the report that takes place 30 days prior to the August
primary. He ventured that in the next six months, he could
probably find enough time to learn the new system.
8:53:26 AM
REPRESENTATIVE KERTTULA said she thinks the full cycle is less
confusing and gives everyone more time to adjust to the new
system.
8:54:51 AM
REPRESENTATIVE HAWKER added that there is nothing in HB 311 that
would prohibit a candidate from adopting the electronic filing
mechanism more quickly. He then emphasized that HB 311 is
nonpartisan legislation.
8:56:37 AM
REPRESENTATIVE JOHANSEN stated his belief in transparency of
politics. He asked if there had been any discussion with APOC
about the idea of changing to electronic filing in six-month's
time.
8:57:29 AM
REPRESENTATIVE KERTTULA said no.
REPRESENTATIVE JOHANSEN questioned whether APOC needs time to
figure out an electronic system that it already has in place.
RESENTATIVE KERTTULA said she thinks the extra time would
benefit everyone involved. She said she thinks HB 311 is a good
compromise.
8:59:28 AM
REPRESENTATIVE JOHANSEN posited that although used as an example
of someone who still files by paper, Representative Gruenberg
and his staff have had training in electronic filing.
9:00:22 AM
REPRESENTATIVE P. WILSON said many times there are unintended
consequences in legislation. She said it is difficult for
legislators to "change gears" mid-session. She said the focus
during session should be on doing the right thing, and she
opined that HB 311 would relieve everyone's burden.
9:01:39 AM
REPRESENTATIVE KELLER stated that at its last hearing of HB 311,
the committee had accepted a motion to attach a zero fiscal note
to the proposed legislation. He stated his assumption that the
zero fiscal note would apply, as well, to Version D.
9:02:17 AM
REPRESENTATIVE PETERSEN said he would like confirmation for the
record that the intent of Version D is not to create any
loopholes by which a legislator could not file, but that
conversely, HB 311 would facilitate transitioning to the new
electronic system, which would make it easier for APOC to get
information out to the public in a much more timely manner.
REPRESENTATIVE KERTTULA answered that is correct.
9:03:13 AM
REPRESENTATIVE HAWKER reiterated that HB 311 is nonpartisan
legislation.
9:03:32 AM
REPRESENTATIVE HAWKER, in response to Representative Seaton and
Chair Lynn, confirmed that HB 311 would apply to both incumbents
and non-incumbent candidates.
9:04:26 AM
PAUL DAUPHINAIS, Director, Alaska Public Offices Commission
(APOC), first clarified that at the last hearing of HB 311, he
had testified on behalf of his position as executive director
and his staff, but not on behalf of the commission. He said the
commission has not had the time to read and deliberate upon the
changes made in Version D. He said the continued requirement to
scan documents that are filed on paper and get them up on APOC's
web site will hinder transparency to the public. He explained
that looking at scanned documents is like looking at a
photograph. He said, "It's difficult to compare; you are
requiring people to print out or make notes."
MR. DAUPHINAIS stated, "APOC did not change the requirements to
file electronically; in this case we changed the form that the
filing goes in on." He said the new system is currently ready
for use, and those who file using that system have more control
over their data, because the system will point out any errors
that are made. He said APOC does not have the time to do that
check for reports filed by paper.
CHAIR LYNN indicated that the problem is not the benefits of
electronic filing, but the timing of meeting the requirements of
the new system.
MR. DAUPHINAIS relayed that there has been considerable training
offered for the new electronic filing program, and he reported
that a fair number of people have already filed using the
program via "myAlaska." He said there are two computers
available for use in APOC's Juneau office, and he specified that
it is lawful for legislators to use those computers because they
belong to the public, not to the State of Alaska.
9:08:02 AM
MR. DAUPHINAIS confirmed Representative Hawker's previous
response to Representative Seaton that the bill applies only to
candidates. He offered his understanding that HB 311 would not
change the exemption for candidates of municipalities with
populations under 15,000.
CHAIR LYNN offered his understanding that Representative
Kerttula nodded her head in the affirmative.
9:08:50 AM
MR. DAUPHINAIS, in response to Representative Johansen,
confirmed that the year-end report is due 2/15/12 and the next
report is due 30 days prior to the primary election. In
response to follow-up questions, he indicated that APOC would be
able to adapt to Representative Johansen's previously stated
idea to make the shift to required electronic reporting in time
for the 30-day reporting deadline. He said APOC is ready to
take reports electronically and has training in Juneau scheduled
in February. He clarified his previous remark that APOC has not
had time to review Version D. He explained the reason he is
confident that the State of Alaska-owned computers at APOC can
be used by legislators is because they were purchased with the
intent that they be available for public use.
9:13:03 AM
JOAN MIZE, Acting Project Coordinator, Juneau Office, Alaska
Public Offices Commission, stated that because APOC is the
entity that requires the reporting, it has to provide the means
by which the reporting is done, including its computers.
9:13:48 AM
MR. DAUPHINAIS, in response to Representative Petersen, said the
Juneau APOC office operates Monday through Friday, from 8 a.m.
to 5 p.m., and, with notice, could arrange weekend hours. In
response to Representative Seaton, he said it is his
understanding that HB 311 applies to any candidates, not just
incumbents. In response to Chair Lynn, he said there are
public-use computers in APOC's Anchorage office, as well, but
not in its Fairbanks office or elsewhere.
9:15:18 AM
REPRESENTATIVE P. WILSON offered her understanding that she
cannot do [campaign business] on any piece of equipment bought
with state money. She indicated that she received this
information from "our ethics person."
9:16:46 AM
MR. DAUPHINAIS said this issue is governed by AS 24.60. In
response to Chair Lynn, he emphasized that he does not speak on
behalf of the Legislative Ethics Committee.
9:17:11 AM
MR. DAUPHINAIS, in response to Representative Johansen,
confirmed that under campaign rules, any candidate is allowed to
purchase a computer and printer with campaign money and keep
that equipment once the campaign is over.
9:19:18 AM
CHAIR LYNN, after ascertaining that there was no one else who
wished to testify, closed public testimony.
9:19:38 AM
REPRESENTATIVE KELLER moved to report CSHB 311, Version 27-
LS1233\D, Bullard, 2/8/12, as amended, out of committee with
individual recommendations and an attached zero fiscal note.
9:19:59 AM
REPRESENTATIVE JOHANSEN objected. He said he would like the
committee to consider an amendment that would set the
requirement for electronic filing at the first 30-day report.
He noted that the House State Affairs Standing Committee is the
final committee of referral before the proposed legislation is
heard on the House floor. He said he has no problem giving
legislators a break in the electronic filing requirement
deadline, but thinks everyone can be prepared to file
electronically within six months. He reiterated his desire to
support transparency in politics by supporting legislation that
would get the reports out to the people in a more expedient
manner.
REPRESENTATIVE JOHANSEN maintained his objection.
CHAIR LYNN said he thinks Representative Johansen makes some
good points; however, he said he thinks it is appropriate to
move HB 311 out of committee to allow the full House to consider
it. He talked about the work the committee does in looking for
unintended consequences.
9:26:52 AM
REPRESENTATIVE KELLER said he agrees with Representative
Johansen's wish for transparency, and said he did not hear
Representative Johansen implying that anyone wants to hide
information.
9:27:57 AM
A roll call vote was taken. Representatives P. Wilson, Seaton,
Keller, Petersen, and Lynn voted in favor of the motion to
report CSHB 311, Version 27-LS1233\D, Bullard, 2/8/12, as
amended, out of committee with individual recommendations and
the attached zero fiscal note. Representative Johansen voted
against it. Therefore, CSHB 311(STA) was reported out of the
House State Affairs Standing Committee by a vote of 5-1.
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