Legislature(2011 - 2012)CAPITOL 106

02/09/2012 08:00 AM STATE AFFAIRS


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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ SB 89 LEGISLATIVE ETHICS ACT TELECONFERENCED
<Bill Hearing Rescheduled to 02/16/12>
*+ HJR 33 AMEND U.S. CONST RE CAMPAIGN MONEY TELECONFERENCED
Scheduled But Not Heard
+ Bills Previously Heard/Scheduled TELECONFERENCED
+= HB 190 PFD ALLOWABLE ABSENCE TELECONFERENCED
Heard & Held
+= HB 311 REPORTS TO APOC TELECONFERENCED
Moved CSHB 311(STA) Out of Committee
                    ALASKA STATE LEGISLATURE                                                                                  
             HOUSE STATE AFFAIRS STANDING COMMITTEE                                                                           
                        February 9, 2012                                                                                        
                           8:11 a.m.                                                                                            
                                                                                                                                
MEMBERS PRESENT                                                                                                               
                                                                                                                                
Representative Bob Lynn, Chair                                                                                                  
Representative Wes Keller, Vice Chair                                                                                           
Representative Paul Seaton                                                                                                      
Representative Peggy Wilson                                                                                                     
Representative Pete Petersen                                                                                                    
Representative Kyle Johansen                                                                                                    
                                                                                                                                
MEMBERS ABSENT                                                                                                                
                                                                                                                                
Representative Max Gruenberg                                                                                                    
                                                                                                                                
COMMITTEE CALENDAR                                                                                                            
                                                                                                                                
HOUSE BILL NO. 311                                                                                                              
"An  Act relating  to certain  information filed  with the  Alaska                                                              
Public Offices Commission; and providing for an effective date."                                                                
                                                                                                                                
     - MOVED CSHB 311(STA) OUT OF COMMITTEE                                                                                     
                                                                                                                                
HOUSE BILL NO. 190                                                                                                              
"An  Act  relating  to  the  allowable  absence  for  active  duty                                                              
service  members of  the armed  forces for  purposes of  permanent                                                              
fund dividend eligibility."                                                                                                     
                                                                                                                                
     - HEARD & HELD                                                                                                             
                                                                                                                                
COMMITTEE SUBSTITUTE FOR SENATE BILL NO. 89(JUD)                                                                                
"An Act  clarifying that a  legislator or legislative  employee is                                                              
allowed   to   accept  certain   compassionate   gifts;   allowing                                                              
legislators  and   legislative  employees  who   are  representing                                                              
persons in an  administrative hearing to contact  hearing officers                                                              
and attempt  to influence the outcome  of the hearing if  they are                                                              
professionals  licensed  in the  state, and  allowing  legislators                                                              
and legislative  employees who are  not professionals  licensed in                                                              
the  state  to  contact  hearing   officers  for  the  purpose  of                                                              
influencing  the  outcome of  the  hearing in  certain  instances;                                                              
requiring the Select  Committee on Legislative Ethics  to maintain                                                              
a  refrain  from  disclosure under  the  Legislative  Ethics  Act;                                                              
relating  to  the  applicability  of  certain  provisions  of  the                                                              
Legislative   Ethics  Act   to   certain  legislative   employees,                                                              
volunteers,  and interns;  establishing  a seat  for an  alternate                                                              
public  member on  the  Select  Committee on  Legislative  Ethics;                                                              
clarifying   the   requirements   related  to   participation   by                                                              
alternate  public members  and  alternate  legislative members  in                                                              
the  proceedings  of the  committee;  amending the  definition  of                                                              
'legislative  employee'   in  the  Legislative  Ethics   Act;  and                                                              
repealing  a procedure  for appointment  of alternate  legislative                                                              
members."                                                                                                                       
                                                                                                                                
     - BILL HEARING RESCHEDULED TO 02/16/12                                                                                     
                                                                                                                                
HOUSE JOINT RESOLUTION NO. 33                                                                                                   
Urging  the  United  States  Congress and  the  President  of  the                                                              
United  States to work  to amend  the Constitution  of the  United                                                              
States  to prohibit  corporations,  unions,  and individuals  from                                                              
making unlimited  independent expenditures supporting  or opposing                                                              
candidates for public office.                                                                                                   
                                                                                                                                
     - SCHEDULED BUT NOT HEARD                                                                                                  
                                                                                                                                
PREVIOUS COMMITTEE ACTION                                                                                                     
                                                                                                                                
BILL: HB 311                                                                                                                  
SHORT TITLE: REPORTS TO APOC                                                                                                    
SPONSOR(s): RULES                                                                                                               
                                                                                                                                
02/01/12       (H)       READ THE FIRST TIME - REFERRALS                                                                        
02/01/12       (H)       STA                                                                                                    
02/07/12       (H)       STA AT 8:00 AM CAPITOL 106                                                                             
02/07/12       (H)       Moved CSHB 311(STA) Out of Committee                                                                   
02/07/12       (H)       MINUTE(STA)                                                                                            
02/09/12       (H)       STA AT 8:00 AM CAPITOL 106                                                                             
                                                                                                                                
BILL: HB 190                                                                                                                  
SHORT TITLE: PFD ALLOWABLE ABSENCE                                                                                              
SPONSOR(s): FEIGE                                                                                                               
                                                                                                                                
03/11/11       (H)       READ THE FIRST TIME - REFERRALS                                                                        
03/11/11       (H)       STA, FIN                                                                                               
03/31/11       (H)       STA AT 8:00 AM CAPITOL 106                                                                             
03/31/11       (H)       Heard & Held                                                                                           
03/31/11       (H)       MINUTE(STA)                                                                                            
04/12/11       (H)       STA AT 8:00 AM CAPITOL 106                                                                             
04/12/11       (H)       Heard & Held                                                                                           
04/12/11       (H)       MINUTE(STA)                                                                                            
01/20/12       (H)       SPONSOR SUBSTITUTE INTRODUCED                                                                          
01/20/12       (H)       READ THE FIRST TIME - REFERRALS                                                                        
01/20/12       (H)       STA, FIN                                                                                               
02/07/12       (H)       STA AT 8:00 AM CAPITOL 106                                                                             
02/07/12       (H)       Heard & Held                                                                                           
02/07/12       (H)       MINUTE(STA)                                                                                            
02/09/12       (H)       STA AT 8:00 AM CAPITOL 106                                                                             
                                                                                                                                
WITNESS REGISTER                                                                                                              
                                                                                                                                
REPRESENTATIVE KERTTULA                                                                                                         
Alaska State Legislature                                                                                                        
Juneau, Alaska                                                                                                                  
POSITION  STATEMENT:    On  behalf of  the  House  Rules  Standing                                                            
Committee, sponsor,  answered questions  during the hearing  on HB                                                              
311.                                                                                                                            
                                                                                                                                
REPRESENTATIVE MIKE HAWKER                                                                                                      
Alaska State Legislature                                                                                                        
Juneau, Alaska                                                                                                                  
POSITION STATEMENT:   Explained the  changes made in  the proposed                                                            
committee  substitute  (CS)  for   HB  311,  Version  27-LS1233\D,                                                              
Bullard,   2/8/12,  on  behalf   of  the   House  Rules   Standing                                                              
Committee, sponsor.                                                                                                             
                                                                                                                                
PAUL DAUPHINAIS, Director                                                                                                       
Alaska Public Offices Commission (APOC)                                                                                         
Anchorage, Alaska                                                                                                               
POSITION STATEMENT:  Testified during the hearing on HB 311.                                                                  
                                                                                                                                
JOAN MIZE, Acting Project Coordinator                                                                                           
Juneau Office                                                                                                                   
Alaska Public Offices Commission                                                                                                
Juneau, Alaska                                                                                                                  
POSITION STATEMENT:   Provided information  during the  hearing on                                                            
HB 311.                                                                                                                         
                                                                                                                                
MICHAEL PASCHALL, Staff                                                                                                         
Representative Eric Feige                                                                                                       
Alaska State Legislature                                                                                                        
Juneau, Alaska                                                                                                                  
POSITION   STATEMENT:      Presented   HB   190   on   behalf   of                                                            
Representative Feige, sponsor.                                                                                                  
                                                                                                                                
JOSEPHINE DAVIES                                                                                                                
Bethel, Alaska                                                                                                                  
POSITION STATEMENT:   Testified on behalf of  herself to recommend                                                            
consideration  of further  allowable absences  related to  the PFD                                                              
during the hearing on HB 190.                                                                                                   
                                                                                                                                
ACTION NARRATIVE                                                                                                              
                                                                                                                                
8:11:58 AM                                                                                                                    
                                                                                                                                
CHAIR BOB LYNN  called the House State Affairs  Standing Committee                                                            
meeting to  order at  8:11 a.m.   Representatives Keller,  Seaton,                                                              
Johansen, Petersen,  and Lynn were  present at the call  to order.                                                              
Representative P. Wilson arrived as the meeting was in progress.                                                                
                                                                                                                                
                     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.                                                                        
                                                                                                                                
9:28:55 AM                                                                                                                    
                                                                                                                                
The committee took an at-ease from 9:29 a.m. to 9:32 a.m.                                                                       
                                                                                                                                
9:32:31 AM                                                                                                                    
                                                                                                                                
CHAIR  LYNN  noted   that  during  the  at-ease,   his  staff  had                                                              
contacted  the  Ethics Committee  Administrator,  Joyce  Anderson,                                                              
who confirmed  that it is  okay for all  candidates to  use APOC's                                                              
computers.                                                                                                                      
                                                                                                                                
                  HB 190-PFD ALLOWABLE ABSENCE                                                                              
                                                                                                                                
9:33:02 AM                                                                                                                    
                                                                                                                                
CHAIR  LYNN  announced  that  the  final  order  of  business  was                                                              
SPONSOR SUBSTITUTE  FOR HOUSE  BILL NO. 190,  "An Act  relating to                                                              
allowable  absences from  the state  for  purposes of  eligibility                                                              
for  permanent fund  dividends;  and  providing for  an  effective                                                              
date."                                                                                                                          
                                                                                                                                
9:33:40 AM                                                                                                                    
                                                                                                                                
MICHAEL PASCHALL,  Staff, Representative Eric Feige,  Alaska State                                                              
Legislature, presented  HB 190 on behalf of  Representative Feige,                                                              
sponsor.   He noted that the  proposed legislation had  been heard                                                              
in 2011.   He stated that the  intent of the original  bill was to                                                              
address an  injustice pertaining  to military personnel  [who were                                                              
denied  an allowable  absence  related  to receiving  a  permanent                                                              
fund dividend  (PFD)]  after [being  out of state]  for 10  years,                                                              
even though  members of  Congress and their  staff continue  to be                                                              
qualified to receive  a PFD beyond 10 years out of  the state.  He                                                              
said  numerous  legal issues  were  brought  forth, and  the  bill                                                              
sponsor  tried  changing the  10-year  limit  to a  20-year  limit                                                              
through a sponsor  substitute.  Subsequently, he  said, discussion                                                              
with the Permanent  Fund Division helped to formulate  a committee                                                              
substitute,  which would  provide "a  more effective  way to  deal                                                              
with the issue of allowable absences across the board."                                                                         
                                                                                                                                
9:35:26 AM                                                                                                                    
                                                                                                                                
MR. PASCHALL gave  a PowerPoint presentation  entitled, "Permanent                                                              
Dividend  Allowable  Absences,"  as  an  explanation  of  how  the                                                              
current  law came  to be.   He  said in  1982, allowable  absences                                                              
were addressed through  the definition of an Alaska  resident, and                                                              
there were  only five criteria.   By 1997,  he said,  the criteria                                                              
had increased  to nine, and  the definition of residency  referred                                                              
to  AS  01.10.055.    In 1998,  he  noted,  the  legislature  made                                                              
significant overhauls  to statute:  the meaning of  state resident                                                              
referred  back   to  [AS   01.10.055];  allowable  absences   were                                                              
addressed  in  a   separate  section;  the  number   of  allowable                                                              
absences  continued   to  increase;  and  the  authority   of  the                                                              
commissioner  [of  the  Department  of  Revenue]  to  adopt  other                                                              
allowable  absences  was  removed.    He said  there  was  also  a                                                              
provision put in  place that addressed those out of  the state for                                                              
certain  periods  of  time  during  single year,  but  not  on  an                                                              
allowable absence.   He said the  ten-year rule was also  put into                                                              
place  at this  time.   Mr.  Paschall said  his  research did  not                                                              
uncover any particular reason for the 10-year rule.                                                                             
                                                                                                                                
MR.  PASCHALL pointed  out a  few  changes made  to the  allowable                                                              
absences  since   1998,  including  ["serving  under   foreign  or                                                              
coastal  articles of  employment  aboard an  oceangoing vessel  of                                                              
the United States merchant marine"].                                                                                            
                                                                                                                                
9:39:37 AM                                                                                                                    
                                                                                                                                
CHAIR LYNN  said the  spouses of  military personnel often  follow                                                              
the  military members  overseas.    He offered  his  understanding                                                              
that "that"  would cover  the spouses,  the military members,  and                                                              
their minor children.                                                                                                           
                                                                                                                                
MR. PASCHALL confirmed that is correct.                                                                                         
                                                                                                                                
9:40:27 AM                                                                                                                    
                                                                                                                                
MR.  PASCHALL continued  with  the  PowerPoint presentation.    He                                                              
said  HB 190  would bring  regulations into  statute, which  would                                                              
reduce subjectivity  on the  part of hearing  officers.   He noted                                                              
that there  is a typographical error  in the PowerPoint:   [on the                                                              
first of  ten pages  labeled, "Allowable  Absence After  HB 190"],                                                              
"(c)" should  read "(e)".  He  indicated that the  only alteration                                                              
of the allowable absences was the removal of the 10-year rule.                                                                  
                                                                                                                                
MR. PASCHALL  drew attention to  the conclusion of  the PowerPoint                                                              
presentation,  regarding language  provided  by Legislative  Legal                                                              
and   Research  Services   to  amend   AS   43.23.008  by   adding                                                              
subsections (e)  and (f).  That  language, [in Version  R, Section                                                              
2, on page 3,  line 13, through page 4, line  14], read as follows                                                              
[original punctuation provided]:                                                                                                
                                                                                                                                
          (e) After an individual has been absent from the                                                                      
     state  for  more than  180  days  in  each of  the  five                                                                   
     preceding   qualifying  years,   the  department   shall                                                                   
     presume  that  the  individual  is  no  longer  a  state                                                                   
     resident.   The  individual may  rebut this  presumption                                                                   
     by  providing  documentation   to  the  department  that                                                                   
     establishes, by clear and convincing evidence, that                                                                        
               (1) the individual was physically present in                                                                     
     the state  for at  least 30  cumulative days during  the                                                                   
     past five years; and                                                                                                       
               (2) the individual is a state resident as                                                                        
     defined in AS 43.23.095(7).                                                                                                
          (f) To determine whether an individual intends to                                                                     
     return  and  remain  in  the   state  indefinitely,  the                                                                   
     department shall consider                                                                                                  
               (1) the length of time the individual was                                                                        
     absent  from the state  compared to  the length of  time                                                                   
     the individual was physically present in the state;                                                                        
               (2) the frequency and duration of voluntary                                                                      
     return trips to the state during the past five years;                                                                      
               (3) whether the individual's intent to                                                                           
     return  to and  remain in  the state  is conditioned  on                                                                   
     future events  beyond the individual's control,  such as                                                                   
     the  financial circumstances  of the  individual or  the                                                                   
     ability  of the  individual  to find  employment in  the                                                                   
     state;                                                                                                                     
               (4) the ties the individual has established                                                                      
     with   the    state   or   another   jurisdiction,    as                                                                   
     demonstrated by                                                                                                            
                    (A) maintenance of a home;                                                                                  
                    (B) payment of resident taxes;                                                                              
                    (C) registration of a vehicle;                                                                              
                    (D) registration to vote and voting                                                                         
     history;                                                                                                                   
                    (E) acquisition of a driver's license,                                                                      
     business license, or professional license; and                                                                             
                    (F) receipt of benefits under a claim                                                                       
     of residency in the state or another jurisdiction;                                                                         
               (5) the priority that the individual gave                                                                        
     the state  on an employment assignment  preference list,                                                                   
     including a list used by military personnel;                                                                               
               (6) whether the individual made a career                                                                         
     choice or  chose a career path  that does not  allow the                                                                   
     individual to reside in or return to the state.                                                                            
                                                                                                                                
MR. PASCHALL pointed  out that registering a vehicle  in Alaska is                                                              
an indicator  of someone's  intent to live  in the state,  whereas                                                              
registering a  vehicle outside of Alaska  is not.  In  response to                                                              
Representative  Petersen, Mr.  Paschall opined  that someone  with                                                              
vehicles  licensed  in  Alaska and  another  state  is  indicating                                                              
he/she is  not likely to  return to Alaska.   He added,  "It's all                                                              
the factors together that make the final determination."                                                                        
                                                                                                                                
9:45:30 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  SEATON questioned  the  rationale behind  allowing                                                              
someone who  takes voluntary employment  outside of Alaska  for 15                                                              
or  20 years  to continuing  receiving the  PFD as  a resident  of                                                              
Alaska.                                                                                                                         
                                                                                                                                
9:46:05 AM                                                                                                                    
                                                                                                                                
MR.  PASCHALL  said he  thinks  Representative  Seaton's  question                                                              
ultimately  leads  to  questioning  whether  there  should  be  an                                                              
allowable  absence,  which is  a  decision that  was  made by  the                                                              
legislature.                                                                                                                    
                                                                                                                                
REPRESENTATIVE  SEATON clarified  that whereas  he can  understand                                                              
exempting members  of Congress  who are elected  by the  public to                                                              
serve  outside  Alaska  for  extended   periods  of  time,  he  is                                                              
uncomfortable  [giving allowable  absences to]  people who  make a                                                              
voluntary choice to  leave Alaska for an extended  period of time,                                                              
such as  Congressional staff  or someone who  chooses to  spend 30                                                              
years in  the Peace  Corps.   He said,  "I just  want to know  the                                                              
rationale behind eliminating at least a 10-year limit on that."                                                                 
                                                                                                                                
9:49:01 AM                                                                                                                    
                                                                                                                                
MR. PASCHALL reminded  Representative Seaton that  the impetus for                                                              
the  bill  was  the  sponsor's  becoming  aware  of  an  injustice                                                              
wherein those  Alaskans serving out  of state in the  military did                                                              
not  receive  the   same  PFD-related  exemption   as  members  of                                                              
Congress and  their staff  received.  He  said all the  exemptions                                                              
beyond  the 10-year  rule  that  are currently  in  place are  for                                                              
individuals  who choose  career paths  that take  them out  of the                                                              
state, including  those Alaskans who choose to  serve in Congress.                                                              
He  said  the sponsor  is  looking  to  establish procedure.    He                                                              
continued as follows:                                                                                                           
                                                                                                                                
     By  taking   this  procedure  that's  been   very,  very                                                                   
     effective  in  regulation  in  reducing  the  number  of                                                                   
     allowable  absences over  ... the years,  by putting  it                                                                   
     in statute it  will be even more effective,  and we were                                                                   
     able to tighten  it just a little bit at the  same time.                                                                   
     So,  the  actual  number of  people  receiving  PFDs  on                                                                   
     allowable  absences should  probably decrease after  the                                                                   
     five years.                                                                                                                
                                                                                                                                
9:50:58 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  JOHANSEN  asked  for confirmation  that  the  bill                                                              
would codify language that is currently in regulation.                                                                          
                                                                                                                                
MR. PASCHALL  answered that  that is  basically correct,  but some                                                              
modifications  would  be  made,  such as  using  the  word  "home"                                                              
versus "property".                                                                                                              
                                                                                                                                
REPRESENTATIVE  JOHANSEN said  he  shares Representative  Seaton's                                                              
concerns regarding  "the repealer,"  and said  he would  like more                                                              
discussion.                                                                                                                     
                                                                                                                                
MR. PASCHALL stated  that he agrees with the bill  sponsor that HB                                                              
190  is a  good  way  to deal  with  the current  injustice  among                                                              
classes of people,  but said the policy discussion  is the purview                                                              
of the committee.                                                                                                               
                                                                                                                                
9:53:25 AM                                                                                                                    
                                                                                                                                
CHAIR LYNN reopened public testimony.                                                                                           
                                                                                                                                
9:53:45 AM                                                                                                                    
                                                                                                                                
JOSEPHINE  DAVIES,  testifying on  behalf  of herself,  asked  the                                                              
committee  to consider  further  allowable absences.   She  shared                                                              
that in  2010, she  was out of  state for a  couple of  weeks past                                                              
the  allowed   180  days   to  care  for   her  father,   who  was                                                              
unexpectedly  hospitalized   and,  at  the  same   time,  she  was                                                              
hospitalized for  an unexpected surgical procedure.   She directed                                                              
attention to paragraph  (6) of Section 1, on page  2, lines 10-13,                                                              
which addresses  "providing  care for a  parent, spouse,  sibling,                                                              
child,  or stepchild",  and  she suggested  that  the language  be                                                              
amended to  include Alaska residents  who leave the state  to take                                                              
care of parents  who are not from  Alaska and to take  care of in-                                                              
laws.     Ms.  Davies  directed   attention  to   paragraph  (17),                                                              
subparagraph (C), on page 3, lines 10-12, which would allow:                                                                    
                                                                                                                                
                         (C) 45 days in addition to any                                                                         
     absence  or cumulative absences  claimed under  (1)-(16)                                                                   
     of  this subsection  if the  individual  is claiming  an                                                                   
     absence under (4)-(16) of this subsection.                                                                                 
                                                                                                                                
MS. DAVIES said  her daughter is getting married in  2012, and she                                                              
expects  to go  Outside  for  30 days  to  help her  daughter,  in                                                              
addition to time  spent helping parents.  She said  she would like                                                              
the committee to consider extending the 45 days to 90 days.                                                                     
                                                                                                                                
9:58:10 AM                                                                                                                    
                                                                                                                                
CHAIR  LYNN  said   HB  190  is  primarily  directed   toward  the                                                              
military, but  said Ms.  Davies' good  points could be  considered                                                              
in other legislation.                                                                                                           
                                                                                                                                
9:58:34 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  JOHANSEN offered his  understanding that  under HB                                                              
190, language  related  to a 10-year  cap would  be repealed,  and                                                              
that repeal would affect everyone, not just the military.                                                                       
                                                                                                                                
9:58:57 AM                                                                                                                    
                                                                                                                                
MR.  PASCHALL pointed  out that  according to  the Permanent  Fund                                                              
Division,  of  the   16,000  people  that  were   given  allowable                                                              
absences in  2010, the  10-year rule only  applied to  187 people.                                                              
He stated,  "It's not a  large group of  people receiving  the PFD                                                              
for a  long period  of time under  the allowable absence;  they've                                                              
already been  weeded out.   And  the belief  is ... [that]  having                                                              
this in statute will ... weed them out even better."                                                                            
                                                                                                                                
10:00:37 AM                                                                                                                   
                                                                                                                                
CHAIR LYNN announced that HB 190 was held over.                                                                                 
                                                                                                                                
10:02:23 AM                                                                                                                   
                                                                                                                                
ADJOURNMENT                                                                                                                   
                                                                                                                                
There being  no further business  before the committee,  the House                                                              
State Affairs  Standing Committee  meeting was adjourned  at 10:02                                                              
a.m.                                                                                                                            

Document Name Date/Time Subjects