Legislature(2017 - 2018)GRUENBERG 120

02/23/2017 03:00 PM STATE AFFAIRS

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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+= HB 82 RESTRICTED OFF HWY DRIVER'S LICENSE TELECONFERENCED
<Bill Hearing Canceled>
*+ HB 1 ELECTION REGISTRATION AND VOTING TELECONFERENCED
Heard & Held
+ Bills Previously Heard/Scheduled TELECONFERENCED
+= HB 91 APOC REGISTRATION FEES; LOBBYIST TAX TELECONFERENCED
Heard & Held
                    ALASKA STATE LEGISLATURE                                                                                  
             HOUSE STATE AFFAIRS STANDING COMMITTEE                                                                           
                       February 23, 2017                                                                                        
                           3:07 p.m.                                                                                            
                                                                                                                                
MEMBERS PRESENT                                                                                                               
                                                                                                                                
Representative Jonathan Kreiss-Tomkins, Chair                                                                                   
Representative Gabrielle LeDoux, Vice Chair                                                                                     
Representative Chris Tuck                                                                                                       
Representative Adam Wool                                                                                                        
Representative Chris Birch                                                                                                      
Representative DeLena Johnson                                                                                                   
Representative Gary Knopp                                                                                                       
                                                                                                                                
MEMBERS ABSENT                                                                                                                
                                                                                                                                
Representative Andy Josephson (alternate)                                                                                       
Representative Chuck Kopp (alternate)                                                                                           
                                                                                                                                
COMMITTEE CALENDAR                                                                                                            
                                                                                                                                
HOUSE BILL NO. 91                                                                                                               
"An Act  relating to fees  for certain persons  filing disclosure                                                               
statements  or  other  reports with  the  Alaska  Public  Offices                                                               
Commission;  relating  to a  tax  on  legislative lobbyists;  and                                                               
providing for an effective date."                                                                                               
                                                                                                                                
     - HEARD & HELD                                                                                                             
                                                                                                                                
HOUSE BILL NO. 1                                                                                                                
"An  Act   relating  to  absentee   voting,  voting,   and  voter                                                               
registration;  relating  to  early   voting  locations  at  which                                                               
persons  may   vote  absentee  ballots;  and   providing  for  an                                                               
effective date."                                                                                                                
                                                                                                                                
     - HEARD & HELD                                                                                                             
                                                                                                                                
HOUSE BILL NO. 82                                                                                                               
"An Act  relating to vehicle  registration; relating  to off-road                                                               
system  restricted noncommercial  drivers' licenses;  relating to                                                               
off-highway  commercial drivers'  licenses; relating  to off-road                                                               
system eligible  areas; and relating  to motor  vehicle liability                                                               
insurance."                                                                                                                     
                                                                                                                                
     - BILL HEARING CANCELLED                                                                                                   
                                                                                                                                
PREVIOUS COMMITTEE ACTION                                                                                                     
                                                                                                                                
BILL: HB 91                                                                                                                   
SHORT TITLE: APOC REGISTRATION FEES; LOBBYIST TAX                                                                               
SPONSOR(s): REPRESENTATIVE(s) KITO                                                                                              
                                                                                                                                
01/30/17       (H)       READ THE FIRST TIME - REFERRALS                                                                        
01/30/17       (H)       STA, FIN                                                                                               
02/09/17       (H)       STA AT 3:00 PM GRUENBERG 120                                                                           
02/09/17       (H)       Heard & Held                                                                                           
02/09/17       (H)       MINUTE(STA)                                                                                            
02/14/17       (H)       STA AT 3:00 PM GRUENBERG 120                                                                           
02/14/17       (H)       Heard & Held                                                                                           
02/14/17       (H)       MINUTE(STA)                                                                                            
02/21/17       (H)       STA AT 3:00 PM GRUENBERG 120                                                                           
02/21/17       (H)       Heard & Held                                                                                           
02/21/17       (H)       MINUTE(STA)                                                                                            
02/23/17       (H)       STA AT 3:00 PM GRUENBERG 120                                                                           
                                                                                                                                
BILL: HB 1                                                                                                                    
SHORT TITLE: ELECTION REGISTRATION AND VOTING                                                                                   
SPONSOR(s): REPRESENTATIVE(s) TUCK                                                                                              
                                                                                                                                
01/18/17       (H)       PREFILE RELEASED 1/9/17                                                                                
01/18/17       (H)       READ THE FIRST TIME - REFERRALS                                                                        
01/18/17       (H)       STA, JUD                                                                                               
02/23/17       (H)       STA AT 3:00 PM GRUENBERG 120                                                                           
                                                                                                                                
WITNESS REGISTER                                                                                                              
                                                                                                                                
CRYSTAL KOENEMAN, Staff                                                                                                         
Representative Sam Kito                                                                                                         
Alaska State Legislature                                                                                                        
Juneau, Alaska                                                                                                                  
POSITION STATEMENT:  Presented the CS for HB 91 on behalf of                                                                  
Representative Kito, prime sponsor.                                                                                             
                                                                                                                                
REPRESENTATIVE SAM KITO                                                                                                         
Alaska State Legislature                                                                                                        
Juneau, Alaska                                                                                                                  
POSITION STATEMENT:  Answered questions on HB 91, as prime                                                                    
sponsor.                                                                                                                        
                                                                                                                                
HEATHER HEBDON, Executive Director                                                                                              
Alaska Public Offices Commissions (APOC)                                                                                        
Anchorage, Alaska                                                                                                               
POSITION STATEMENT:  Testified during hearing on HB 91.                                                                       
                                                                                                                                
JOSIE BAHNKE, Director                                                                                                          
Central Office                                                                                                                  
Division of Elections (DOE)                                                                                                     
Office of the Lieutenant Governor                                                                                               
Juneau, Alaska                                                                                                                  
POSITION STATEMENT:  Answered questions during hearing on HB 1.                                                               
                                                                                                                                
LAURI WILSON, Elections Supervisor                                                                                              
Southeast Region                                                                                                                
Division of Elections (DOE)                                                                                                     
Office of the Lieutenant Governor                                                                                               
Juneau, Alaska                                                                                                                  
POSITION STATEMENT:  Answered questions during hearing on HB 1                                                                
                                                                                                                                
ACTION NARRATIVE                                                                                                              
                                                                                                                                
3:07:06 PM                                                                                                                    
                                                                                                                                
CHAIR  JONATHAN KREISS-TOMKINS  called  the  House State  Affairs                                                             
Standing   Committee    meeting   to    order   at    3:07   p.m.                                                               
Representatives Tuck,  Wool, Birch,  Johnson, Knopp,  and Kreiss-                                                               
Tomkins  were  present at  the  call  to order.    Representative                                                               
LeDoux arrived as the meeting was in progress.                                                                                  
                                                                                                                                
           HB 91-APOC REGISTRATION FEES; LOBBYIST TAX                                                                       
                                                                                                                                
3:08:18 PM                                                                                                                    
                                                                                                                                
CHAIR KREISS-TOMKINS  announced that the first  order of business                                                               
would be HOUSE BILL NO. 91,  "An Act relating to fees for certain                                                               
persons filing  disclosure statements  or other reports  with the                                                               
Alaska  Public   Offices  Commission;   relating  to  a   tax  on                                                               
legislative lobbyists; and providing for an effective date."                                                                    
                                                                                                                                
[Because of  their length, some  amendments discussed  or adopted                                                               
during the  meeting are found  at the end  of the minutes  for HB                                                               
91.  Shorter amendments are included in the main text.]                                                                         
                                                                                                                                
3:09:00 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  KNOPP  moved  to  adopt  the  proposed  committee                                                               
substitute  (CS)   for  HB  91,  Version   30-LS0067\D,  Bullard,                                                               
2/21/17, as the working document.                                                                                               
                                                                                                                                
CHAIR KREISS-TOMKINS objected for the purpose of discussion.                                                                    
                                                                                                                                
3:09:43 PM                                                                                                                    
                                                                                                                                
CRYSTAL KOENEMAN,  Staff, Representative  Sam Kito,  Alaska State                                                               
Legislature,  presented   the  CS   for  HB   91  on   behalf  of                                                               
Representative Kito, prime sponsor.   She pointed out that the CS                                                               
modifies Section  1 of  HB 91  to link the  candidate fee  to the                                                               
election cycle.  She stated that  there are no changes to Section                                                               
2.  She relayed that Section  3 maintains the removal of the $250                                                               
lobbyist  fee  and is  amended  to  incorporate the  "stair-step"                                                               
schedule of lobbyist  fees, which would replace  the "income tax"                                                               
language.   She cited  language on  page 2,  line 31,  through to                                                               
page 3, line 5, which read as follows:                                                                                          
                                                                                                                                
     For each lobbying contract, a lobbyist shall pay a fee                                                                     
     of                                                                                                                         
       (1) $350 for a contract with a value of less than                                                                        
     $30,000;                                                                                                                   
        (2) $650 for a contract with a value of between                                                                         
     $30,000 and $60,000; and 5                                                                                                 
       (3) $850 for a contract with a value of more than                                                                        
     $60,000.                                                                                                                   
                                                                                                                                
CHAIR  KREISS-TOMKINS  removed his  objection  to  the motion  to                                                               
adopt the  proposed CS for  HB 91, Version  30-LS0067\D, Bullard,                                                               
2/21/17,  as  the  working  document.   There  being  no  further                                                               
objection, Version D was before the committee.                                                                                  
                                                                                                                                
3:13:21 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE TUCK moved to adopt  Conceptual Amendment 1, which                                                               
read as follows [original punctuation provided]:                                                                                
                                                                                                                                
     Page 1, line 11:                                                                                                           
          Following "files":                                                                                                    
          Delete: "a declaration of candidacy under AS                                                                          
       15.25.030, a letter of intent under AS 15.13.105,                                                                        
          or a nominating petition under AS 15.25.170"                                                                          
               Insert: "under 15.13.060(c)"                                                                                     
                                                                                                                                
CHAIR KREISS-TOMKINS objected for the purpose of discussion.                                                                    
                                                                                                                                
REPRESENTATIVE  TUCK   explained  that  Conceptual   Amendment  1                                                               
corrects a drafting error by  deleting language beginning on page                                                               
1,  line  11,  of  Version  D,  which  read,  "a  declaration  of                                                               
candidacy  under  AS  15.25.030,  a letter  of  intent  under  AS                                                               
15.13.105,  or a  nominating petition  under  AS 15.25.170",  and                                                               
inserting "under  15.13.060(c)".  He explained  that declarations                                                               
of candidacy  are functions  of the  Division of  Elections (DOE)                                                               
and  not  functions  of  the  Alaska  Public  Offices  Commission                                                               
(APOC).  The  correction replaces the DOE  requirements with APOC                                                               
requirements for declarations of candidacy.                                                                                     
                                                                                                                                
CHAIR   KREISS-TOMKINS  removed   his  objection   to  Conceptual                                                               
Amendment  1.   There  being  no  further  objection, it  was  so                                                               
ordered.                                                                                                                        
                                                                                                                                
3:15:26 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  KNOPP moved  to adopt  Amendment 2,  [labeled 30-                                                               
LS0067\D.1, Bullard, 2/23/17].   [Amendment 2 is  provided at the                                                               
end of the minutes on HB 91.]                                                                                                   
                                                                                                                                
CHAIR KREISS-TOMKINS objected for the purpose of discussion.                                                                    
                                                                                                                                
REPRESENTATIVE KNOPP  explained that Amendment 2  would eliminate                                                               
the  requirements   for  individuals  appointed  to   boards  and                                                               
commissions  to   file  public  official   financial  disclosures                                                               
(POFDs); therefore,  exempting them from the  annual registration                                                               
fee of  $50, in  Section 7  of HB 91.   He  asserted that  in his                                                               
experience with local government, it  is difficult to find people                                                               
willing to  serve on boards  and commissions, and he  opined that                                                               
the requirements for APOC filing  discourages them even more.  He                                                               
expressed   his  hope   that  by   eliminating  these   reporting                                                               
requirements, more people  will be encouraged to  serve on boards                                                               
and  commissions.     He  added   that  the  second   reason  for                                                               
introducing Amendment 2 is to reduce APOC workload.                                                                             
                                                                                                                                
REPRESENTATIVE  WOOL  asked  if  Amendment  2  would  remove  the                                                               
requirement  for  filing  POFDs   for  anyone  running  for  city                                                               
council, borough, or assembly.                                                                                                  
                                                                                                                                
REPRESENTATIVE  KNOPP replied  no.   The amendment  would exclude                                                               
just  those  serving  on  boards   and  commissions,  not  public                                                               
officials serving on municipal assemblies or councils.                                                                          
                                                                                                                                
REPRESENTATIVE  SAM  KITO,  Alaska State  Legislature,  as  prime                                                               
sponsor of HB  91, testified that exempting  board and commission                                                               
members  from  filing  would  alleviate  a  financial  burden  on                                                               
uncompensated  individuals, as  well  as reduce  the workload  of                                                               
APOC, which is required to audit 100 percent of its filings.                                                                    
                                                                                                                                
3:20:06 PM                                                                                                                    
                                                                                                                                
HEATHER  HEBDON,   Executive  Director,  Alaska   Public  Offices                                                               
Commissions (APOC),  testified that  the exemption  of volunteer,                                                               
appointed  members  of  municipal boards  and  commissions  would                                                               
relieve APOC  of a considerable  amount of  work.  She  asked for                                                               
clarification that  Amendment 2 refers to  boards and commissions                                                               
on the municipal level, not on the state level.                                                                                 
                                                                                                                                
REPRESENTATIVE KNOPP answered that his  intent for Amendment 2 is                                                               
to include  state boards  and commissions in  the exemption.   He                                                               
added  that some  board and  commission members  are compensated,                                                               
some are not, and not all  boards and commissions are required to                                                               
file with APOC.                                                                                                                 
                                                                                                                                
MS. HEBDON asserted  that the exemption of state  level board and                                                               
commission members  would decrease APOC workload  immensely.  She                                                               
added  that  APOC  relies  heavily  on  third-party  sources  for                                                               
information on  appointments and  terminations of terms,  and the                                                               
tracking procedure is difficult.                                                                                                
                                                                                                                                
3:22:44 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  LEDOUX  cited  Representative  Knopp's  statement                                                               
that not  all boards and  commissions are subject to  filing with                                                               
APOC.   She asked  which boards and  commissions are  exempt from                                                               
filing.                                                                                                                         
                                                                                                                                
REPRESENTATIVE KNOPP offered that  the Alaska Gasline Development                                                               
Corporation (AGDC) board is not required to file with APOC.                                                                     
                                                                                                                                
MS. HEBDON responded that she does  not have a list of the boards                                                               
and commissions not  required to file with APOC.   She added that                                                               
of the existing  boards and commissions, only 40  are required to                                                               
file with APOC under state statutes.                                                                                            
                                                                                                                                
CHAIR   KREISS-TOMKINS  asked   for   examples   of  boards   and                                                               
commissions that are required to file with APOC.                                                                                
                                                                                                                                
MS. HEBDON relayed  examples of boards and  commissions that file                                                               
with APOC, as follows:  Alaska  State Council on the Arts (ASCA),                                                               
Alcohol  Beverage Control  (ABC) Board,  State Assessment  Review                                                               
Board  (SARB),  State Board  of  Education  & Early  Development,                                                               
Alaska  Public  Broadcasting   Commission  (APBC),  APOC,  Alaska                                                               
Commercial  Fisheries Entry  Commission (CFEC),  Fishermen's Fund                                                               
Advisory  and  Appeals  Council   (FFAAC),  Big  Game  Commercial                                                               
Services  Board (BGCSB),  Board of  Agriculture and  Conservation                                                               
(BAC), and  Board of Trustees  of the Alaska Mental  Health Trust                                                               
Authority (AMHTA).                                                                                                              
                                                                                                                                
MS.  HEBDON  opined  that  she  agrees  with  the  exemption  but                                                               
believes there should be more  scrutiny before applying a blanket                                                               
exemption.  She  offered that some of the  boards and commissions                                                               
oversee significant  policy decisions  and suggested that  it may                                                               
be good for them to continue reporting to APOC.                                                                                 
                                                                                                                                
3:25:40 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  BIRCH  referred to  Section  3(g)  of Version  D,                                                               
which states  that subsection (g)  does not apply to  a volunteer                                                               
lobbyist or a  representational lobbyist.  He  asked if volunteer                                                               
or representational  lobbyists are  exempt from  registering with                                                               
APOC.                                                                                                                           
                                                                                                                                
MS. HEBDON responded  that she does not believe  that a volunteer                                                               
lobbyist is required to file a registration with APOC.                                                                          
                                                                                                                                
REPRESENTATIVE BIRCH  asked for confirmation that  if a volunteer                                                               
lobbyist  exceeds the  "10 hours  in 30  days" lobbying  activity                                                               
threshold that identifies  one as a lobbyist,  he/she still would                                                               
not have to register because he/she is unpaid.                                                                                  
                                                                                                                                
MS. HEBDON replied that she does not know.                                                                                      
                                                                                                                                
REPRESENTATIVE   BIRCH    asked   for   a   description    of   a                                                               
representational lobbyist.                                                                                                      
                                                                                                                                
MS.  HEBDON said  that she  doesn't know  but would  provide that                                                               
information.  She  added that her focus has not  been on lobbying                                                               
laws.   She  offered that  her understanding  of representational                                                               
lobbyists is that their focus is other than lobbying.                                                                           
                                                                                                                                
REPRESENTATIVE BIRCH  offered that his interest  in this question                                                               
is to estimate the scope of APOC filings.                                                                                       
                                                                                                                                
3:29:08 PM                                                                                                                    
                                                                                                                                
CHAIR KREISS-TOMKINS asked for an  estimate of how many POFDs are                                                               
filed annually and how many would be excluded under Amendment 2.                                                                
                                                                                                                                
MS.  HEBDON answered  that  she estimates  about  600 members  of                                                               
boards and commissions  would be exempt but pointed  out that for                                                               
communities of less than 15,000  population, municipal filers are                                                               
neither required to file with  APOC nor file electronically.  She                                                               
added that  many of the filings  are in hard copy  and filed with                                                               
city clerks.   She said she  could provide a breakdown  of board,                                                               
commission, and municipal filers by requirement to file.                                                                        
                                                                                                                                
CHAIR KREISS-TOMKINS  asked how  many POFDs  are filed  with APOC                                                               
annually.                                                                                                                       
                                                                                                                                
MS.  HEBDON  answered  there  are  about  1,300-1,350  electronic                                                               
filers, which includes all categories of filers.                                                                                
                                                                                                                                
3:31:16 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  KNOPP offered  that  the  APOC website  indicated                                                               
that 1,268 POFDs were filed;  there were 360 board and commission                                                               
filings.                                                                                                                        
                                                                                                                                
MS. HEBDON verified that the  "360" number refers to state boards                                                               
and commissions, not municipal boards and commissions.                                                                          
                                                                                                                                
3:32:15 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  BIRCH,  in  response  to  Representative  LeDoux,                                                               
cited  the  language  regarding  representational  and  volunteer                                                               
lobbyists, on  page 2 of  Version D,  starting on line  29, which                                                               
read as follows:                                                                                                                
                                                                                                                                
     The  commission  may  not  accept  an  application  for                                                                    
     registration or  renew a registration until  the fee is                                                                    
     paid.  This subsection  does not  apply to  a volunteer                                                                    
     lobbyist  under  AS  24.45.161  or  a  representational                                                                    
     lobbyist under regulations of the commission.                                                                              
                                                                                                                                
REPRESENTATIVE  BIRCH asked,  "Who's keeping  track of  volunteer                                                               
and representational lobbyists?"                                                                                                
                                                                                                                                
3:33:47 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE KITO clarified that  Amendment 2 would address the                                                               
POFD  filers, and  the bill  language  that Representative  Birch                                                               
cited speaks to  which lobbyists must register as  lobbyists.  He                                                               
added  that the  representational  and  volunteer lobbyists  must                                                               
follow certain  rules before they  are considered  lobbyists, and                                                               
one goal  of HB 91  is to support  APOC so  that it can  put more                                                               
resources into APOC's functions regarding lobbyists.                                                                            
                                                                                                                                
3:34:57 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE WOOL referred  to the phrase beginning  on page 1,                                                               
line 2,  of Amendment 2,  which read, "exempting  certain members                                                               
of  state  boards or  commissions,  municipal  school or  utility                                                               
boards,  and city,  borough, or  unified  municipal planning  and                                                               
zoning  commissions".    He  asked  for  clarification  that  the                                                               
exemption would  be for  certain state  boards, because  the work                                                               
involved  with filing  with  APOC is  a  deterrent from  serving;                                                               
however, some should not be exempt  because of the scope of their                                                               
policy decisions.                                                                                                               
                                                                                                                                
REPRESENTATIVE KNOPP offered that  "exempting certain members" is                                                               
stated  because not  all members  of boards  and commissions  are                                                               
required to file.                                                                                                               
                                                                                                                                
REPRESENTATIVE  WOOL  asked  for  verification  that  Ms.  Hebdon                                                               
indicated  that some  members of  boards  and commissions  should                                                               
continue to be required to file.                                                                                                
                                                                                                                                
MS. HEBDON responded yes, that is what she meant.                                                                               
                                                                                                                                
3:37:09 PM                                                                                                                    
                                                                                                                                
CHAIR   KREISS-TOMKINS  asked   for   examples   of  boards   and                                                               
commissions  having significant  policy-making powers  that merit                                                               
their inclusion in the POFD filing requirements.                                                                                
                                                                                                                                
MS.  HEBDON responded  that two  examples are  the University  of                                                               
Alaska Board of Regents (UABoR)  and the Regulatory Commission of                                                               
Alaska (RCA).                                                                                                                   
                                                                                                                                
REPRESENTATIVE KNOPP opined that AGDC  should be required to file                                                               
but does not.  He asked Ms.  Hebdon for an explanation for how it                                                               
was  determined  which boards  and  commissions  should file  and                                                               
which were exempt.                                                                                                              
                                                                                                                                
MS.  HEBDON  offered  that  there  is  long  history  behind  the                                                               
statutory filing  requirements for  the various state  boards and                                                               
commissions, and there are about 40 statutes addressing POFDs.                                                                  
                                                                                                                                
3:39:08 PM                                                                                                                    
                                                                                                                                
The committee took an at-ease from 3:39 p.m. to 3:46 p.m.                                                                       
                                                                                                                                
3:46:10 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  KNOPP moved  to adopt  Conceptual Amendment  1 to                                                               
Amendment 2, to delete "certain  members of state boards" on page                                                               
1, line 2, [as numbered on] Amendment 2.                                                                                        
                                                                                                                                
CHAIR KREISS-TOMKINS objected for discussion.                                                                                   
                                                                                                                                
3:47:24 PM                                                                                                                    
                                                                                                                                
MS. KOENEMAN,  regarding Conceptual  Amendment 1 to  Amendment 2,                                                               
suggested  there could  be  a conforming  change  made to  remove                                                               
"state  board  or  commission"   throughout  Amendment  2.    For                                                               
example, she cited page 2, line 3, [as numbered on] Amendment 2.                                                                
                                                                                                                                
3:48:30 PM                                                                                                                    
                                                                                                                                
The committee took an at-ease from 3:48 p.m. to 3:53 p.m.                                                                       
                                                                                                                                
3:52:49 PM                                                                                                                    
                                                                                                                                
CHAIR KREISS-TOMKINS  stated that  the scope  of Amendment  2 was                                                               
substantial and indicated HB 91 would be held over.                                                                             
                                                                                                                                
REPRESENTATIVE  BIRCH  asked for  information  on  the number  of                                                               
volunteer and representational lobbyists.                                                                                       
                                                                                                                                
3:55:02 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  KNOPP withdrew  his  motion  of adopt  Conceptual                                                               
Amendment 1 to Amendment 2.                                                                                                     
                                                                                                                                
REPRESENTATIVE KNOPP withdrew his motion to adopt Amendment 2.                                                                  
                                                                                                                                
3:55:47 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE LEDOUX asked for  an explanation of the difference                                                               
between a volunteer lobbyist and a representational lobbyist.                                                                   
                                                                                                                                
MS. HEBDON  answered that a representational  lobbyist is someone                                                               
who:     engages  in   lobbying  for   an  entity;   receives  no                                                               
compensation  or  fees other  than  reimbursement  of travel  and                                                               
personal living expenses;  and is required to  register with APOC                                                               
but  not file  reports.    She added  that  a volunteer  lobbyist                                                               
receives no compensation, receives  no reimbursement for personal                                                               
expenses, and is not required to register or report.                                                                            
                                                                                                                                
CHAIR KREISS-TOMKINS indicated HB 91 would be held over.                                                                        
                                                                                                                                
                           AMENDMENTS                                                                                         
                                                                                                                                
The  following amendment  to  the  proposed committee  substitute                                                               
(CS)  for  HB  91,  Version  30-LS0067\D,  Bullard,  2/21/17  was                                                               
adopted during the hearing.   [Shorter amendments are provided in                                                               
the main text only.]                                                                                                            
                                                                                                                                
Amendment 2 [30-LS0067\D.1, Bullard, 2/23/17] (withdrawn):                                                                    
                                                                                                                                
     Page 1, line 2, following "Commission;":                                                                                 
          Insert "exempting certain members of state boards                                                                   
     or  commissions, municipal  school  or utility  boards,                                                                  
     and city,  borough, or  unified municipal  planning and                                                                  
     zoning commissions  from filing financial  and business                                                                  
     interest  statements  with  the Alaska  Public  Offices                                                                  
     Commission;"                                                                                                             
                                                                                                                              
     Page 3, following line 24:                                                                                                 
          Insert new bill sections to read:                                                                                     
        "* Sec. 7. AS 39.50.020(a) is amended to read:                                                                      
          (a)  A public official other than the governor or                                                                     
     the lieutenant  governor shall file a  statement giving                                                                    
     income sources  and business interests, under  oath and                                                                    
     on  penalty of  perjury,  within 30  days after  taking                                                                    
     office  as  a  public official.  Candidates  for  state                                                                    
     elective office  other than a candidate  who is subject                                                                    
     to AS 24.60 shall file the  statement with the director                                                                    
     of elections  at the  time of  filing a  declaration of                                                                    
     candidacy  or  a  nominating  petition  or  becoming  a                                                                    
     candidate by  any other means. Candidates  for elective                                                                    
     municipal office  shall file the statement  at the time                                                                    
     of  filing   a  nominating  petition,   declaration  of                                                                    
     candidacy, or  other required  filing for  the elective                                                                    
     municipal  office. Refusal  or failure  to file  within                                                                    
     the time prescribed shall  require that the candidate's                                                                    
     filing fees, if  any, and filing for  office be refused                                                                    
     or that  a previously accepted filing  fee be returned,                                                                    
     and  the  candidate's  name  removed  from  the  filing                                                                    
     records.  A statement  shall also  be  filed by  public                                                                    
     officials  not   [NO]  later  than  March 15   in  each                                                                
     following  year.  On  or  before  the  90th  day  after                                                                    
     leaving office,  a former public official  shall file a                                                                    
     final   statement  covering   any  period   during  the                                                                    
     official's service in that office  for which the public                                                                    
     official has  not already filed  a statement.  A public                                                                
     official  [PERSONS]  who  is a  chair  or  member  [ARE                                                            
     MEMBERS]  of a  state  board  or commission,  municipal                                                                
     school  or   utility  board,   or  city,   borough,  or                                                                
     municipal planning and zoning  commission is [BOARDS OR                                                                
     COMMISSIONS  NOT  NAMED  IN  AS 39.50.200(b)  ARE]  not                                                                    
     required to file a statement [FINANCIAL STATEMENTS].                                                                   
        * Sec. 8. AS 39.50.030(d) is amended to read:                                                                         
          (d)  In addition to the requirements of (b) of                                                                        
     this section,  each statement filed under  this chapter                                                                    
     by a public  official in the executive  branch of state                                                                    
     government  [OTHER THAN  THE  CHAIR OR  A  MEMBER OF  A                                                                    
     STATE COMMISSION  OR BOARD]  must include  a disclosure                                                                    
     of  the formation  or maintenance  of a  close economic                                                                    
     association  involving a  substantial financial  matter                                                                    
     as required by this  subsection. The disclosure must be                                                                    
     sufficiently detailed  so that  a reader  can ascertain                                                                    
     the nature of the  association. A public official shall                                                                    
     disclose a close economic association with                                                                                 
               (1)  a legislator;                                                                                               
               (2)  a public official who is not an elected                                                                     
     or appointed municipal officer;                                                                                            
               (3)  a lobbyist; or                                                                                              
               (4)  a public officer if the person required                                                                     
     to  make   the  disclosure  is  the   governor  or  the                                                                    
     lieutenant governor.                                                                                                       
        * Sec. 9. AS 39.50.060(b) is amended to read:                                                                         
          (b)  Any person failing or refusing to comply                                                                         
     with the  requirements of this chapter,  in addition to                                                                    
     the penalties  prescribed, shall forfeit  nomination to                                                                    
     office and may not be  seated or installed in office if                                                                    
     the  person  has  not complied.  Nominated,  hired,  or                                                                    
     appointed officials or [,]  commissioners [, CHAIRS, OR                                                                
     MEMBERS   OF  COMMISSIONS   OR   BOARDS  SPECIFIED   IN                                                                    
     AS 39.50.200(b)]   may   not   be  confirmed   by   the                                                                    
     legislature  if compliance  has not  been made.  In the                                                                    
     case of elected officials,  the lieutenant governor, or                                                                    
     other certifying authority, may  not certify a person's                                                                    
     nomination  for  office  or the  person's  election  to                                                                    
     office  if  compliance was  not  made  within the  time                                                                    
     required.  The  nomination  to office  or  election  to                                                                    
     office shall  be certified to  the highest  vote getter                                                                    
     for  that nomination  for that  office  or election  to                                                                    
     that office who has  complied within the times required                                                                    
     and  who shall  be declared  nominated or  elected. For                                                                    
     purposes of this subsection, a  person is considered to                                                                    
     have complied  within the time  required if  the person                                                                    
     complies within 30 days after  the due date established                                                                    
     by this chapter.                                                                                                           
        * Sec. 10. AS 39.50.070 is amended to read:                                                                           
          Sec. 39.50.070. Failure to report by certain                                                                        
     public officials.  A public  official in  the executive                                                                  
     branch of state government,  other than the governor or                                                                    
     lieutenant governor  [OR A CHAIR  OR MEMBER OF  A STATE                                                                    
     BOARD OR  COMMISSION], who refuses  or fails to  file a                                                                    
     report  of  financial  interests  required  under  this                                                                    
     chapter when due may not  hold office, and the person's                                                                    
     name  may  not  be  submitted to  the  legislature  for                                                                    
     confirmation,  until the  person  complies. The  person                                                                    
     may  not be  confirmed,  hired, or  appointed, and  the                                                                    
     person forfeits  and may  not be  paid any  salary, per                                                                    
     diem, or  travel expenses,  until the  person complies.                                                                    
     If,   after  installation   in   office  or   beginning                                                                    
     employment  in  the  position, the  person  refuses  or                                                                    
     fails  to file  the  required statement  when due,  the                                                                    
     person is  guilty of a misdemeanor  and upon conviction                                                                    
     is punishable by a fine of  not less than $100 nor more                                                                    
     than  $1,000  and  shall  be  removed  from  office  if                                                                    
     compliance is  not made  within 30  days after  the due                                                                    
     date of the report."                                                                                                       
                                                                                                                                
     Renumber the following bill sections accordingly.                                                                          
                                                                                                                                
     Page 4, following line 13:                                                                                                 
          Insert a new bill section to read:                                                                                    
        "* Sec. 13.  AS 39.50.080 is repealed."                                                                             
                                                                                                                                
     Renumber the following bill section accordingly.                                                                           
                                                                                                                                
[End of amendment - HB 91 was held over.]                                                                                       
                                                                                                                                
             HB 1-ELECTION REGISTRATION AND VOTING                                                                          
                                                                                                                                
3:57:16 PM                                                                                                                    
                                                                                                                                
CHAIR KREISS-TOMKINS  announced that the final  order of business                                                               
would be HOUSE  BILL NO. 1, "An Act relating  to absentee voting,                                                               
voting,  and   voter  registration;  relating  to   early  voting                                                               
locations  at  which  persons  may  vote  absentee  ballots;  and                                                               
providing for an effective date."                                                                                               
                                                                                                                                
3:58:05 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE TUCK presented HB 1, as prime sponsor.  He                                                                       
paraphrased from the sponsor statement, which read as follows                                                                   
[original punctuation provided]:                                                                                                
                                                                                                                                
     The  right  to vote  embodies  the  spirit of  American                                                                    
     democracy.  Casting  a  vote  is  the  most  discretely                                                                    
     effective  way  to  have  one's   voice  heard  in  the                                                                    
     political process.  When we exercise our  right to vote                                                                    
     we impact our community far  beyond an election: we can                                                                    
     elect  individuals  who  will  make  decisions  on  our                                                                    
     behalf about  how our government  will be run,  set the                                                                    
     policies that will guide our  state, and how resources,                                                                    
     both national and local, are distributed.                                                                                  
                                                                                                                                
     Unfortunately, a  surprising number of  Americans don't                                                                    
     exercise their  right to vote.  On average,  only about                                                                    
     half  of eligible  US  voters  cast ballots.  Although,                                                                    
     Alaska is one of a  handful of states which exceeded 50                                                                    
     percent voter  turnout in 2014, almost  half of Alaskan                                                                    
     voters are effectively not being heard.                                                                                    
                                                                                                                                
     House Bill 1  includes a series of  changes designed to                                                                    
     increase  voter  participation  and  access  to  voting                                                                    
     across  the  state  by  improving  and  clarifying  the                                                                    
     voting process. These changes include:                                                                                     
                                                                                                                                
          · Providing same day voter registration to allow                                                                      
             all eligible Alaskans the opportunity to vote;                                                                     
                                                                                                                                
          · Enhancing online voter registration with                                                                            
             electronic signatures to make the registration                                                                     
             process quicker and easier;                                                                                        
                                                                                                                                
          · Ensuring the same early voting locations are                                                                        
             available during every election;                                                                                   
                                                                                                                                
          · Creating on [sic] option for permanent absentee                                                                     
             voting for individuals that plan to vote by                                                                        
             mail every year; and                                                                                               
                                                                                                                                
          · Clarifying and unifying terminology for early                                                                       
             voting to remove confusion between early voting                                                                    
             and absentee in-person voting.                                                                                     
                                                                                                                                
     By adopting the changes in House  Bill 1, we can take a                                                                    
     step forward to increase the voice of all Alaskans.                                                                        
                                                                                                                                
4:00:14 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  KNOPP  asked  for   a  definition  of  "permanent                                                               
absentee".                                                                                                                      
                                                                                                                                
REPRESENTATIVE TUCK  replied that when  someone goes to  a voting                                                               
location  to  "early  vote"  it  is  called  "in-person  absentee                                                               
voting."    He asserted  there  was  confusion, even  among  poll                                                               
watchers, about  whether an absentee voter  could vote in-person.                                                               
He  maintained that  "absentee  voting"  is a  term  used by  the                                                               
Division  of  Elections (DOE)  referring  to  how the  ballot  is                                                               
processed.  He  relayed that one does not have  to be absent from                                                               
his/her district to vote absentee.   He said that voting absentee                                                               
is a form of  early voting or voting by mail.   He concluded that                                                               
if one votes at an election  polling location prior to the day of                                                               
the election, it is referred to as "in-person absentee voting."                                                                 
                                                                                                                                
REPRESENTATIVE LEDOUX offered  that when she visits  homes in her                                                               
district,  she  has discovered  on  numerous  occasions that  the                                                               
person registered to vote at that  address is no longer living at                                                               
that address and now lives in  another voting district.  She said                                                               
that in referring to her voter  file, she has discovered that the                                                               
person  who  moved is  still  voting  in Representative  LeDoux's                                                               
district.   She relayed that  she has  asked DOE if  a candidate,                                                               
poll watcher, or  anyone else could challenge  that person's vote                                                               
and was told  "no."  She compared  it to moving out  of state and                                                               
voting as  if still an Alaskan  resident.  She asked  if the vote                                                               
could be  challenged and  if something could  be done  to rectify                                                               
this situation.                                                                                                                 
                                                                                                                                
4:03:59 PM                                                                                                                    
                                                                                                                                
JOSIE  BAHNKE, Director,  Central Office,  Division of  Elections                                                               
(DOS),   Office   of   the    Lieutenant   Governor,   asked   if                                                               
Representative LeDoux was referring to  challenging the vote of a                                                               
permanent absentee voter.                                                                                                       
                                                                                                                                
REPRESENTATIVE  LEDOUX  said,  "No,   not  a  permanent  absentee                                                               
voter."   She gave  the example  of someone  living on  the south                                                               
side of Anchorage  who keeps coming back to Midtown  to vote; who                                                               
has  never changed  his/her voter  registration to  reflect where                                                               
he/she now  lives; who  no longer owns  property in  Midtown; and                                                               
who  no longer  is  a resident  of Midtown.    She asserted  that                                                               
elections can be  very close and expressed her belief  that it is                                                               
inappropriate for someone  to vote in a district  in which he/she                                                               
no  longer lives.    She asked  why there  isn't  a mechanism  to                                                               
challenge a voter who is voting outside of his/her district.                                                                    
                                                                                                                                
4:05:57 PM                                                                                                                    
                                                                                                                                
LAURI  WILSON, Elections  Supervisor, Southeast  Region, Division                                                               
of Elections  (DOE), Office of the  Lieutenant Governor, answered                                                               
that  there are  times when  a voter  moves and  does not  update                                                               
his/her residence address with DOE, and  it is up to the voter to                                                               
notify DOE of  an address change.  She mentioned  that a voter of                                                               
a  precinct  could  challenge  another  voter's  eligibility  for                                                               
voting in that precinct at the  time of voting, and the voter who                                                               
has been challenged would vote  a question ballot, which would be                                                               
subject to review  by the review board and elections  staff.  She                                                               
said  that  during  the  absentee   and  question  ballot  review                                                               
process, observers are present who  can challenge the eligibility                                                               
of the  voter during the  review process, and the  challenges can                                                               
be brought  forth to the director  of elections for review.   She                                                               
reiterated that it  is up to the voter to  notify DOE when he/she                                                               
changes  residences, and  the law  allows  a person  to have  one                                                               
place of residence.  She  added there are exceptions, which allow                                                               
a voter to be away from his/her residence and continue to vote.                                                                 
                                                                                                                                
4:08:15 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  LEDOUX  stated  that  she  brought  this  concern                                                               
forward to  see if  HB 1  could be  amended to  address it.   She                                                               
asked if there  is any mechanism for objecting to  a vote, if she                                                               
has  knowledge that  someone is  not  living in  the district  in                                                               
which he/she is voting.                                                                                                         
                                                                                                                                
MS. WILSON replied  that DOE cannot remove voters  from the voter                                                               
rolls  based on  a belief  that the  voter does  not live  in the                                                               
district anymore.                                                                                                               
                                                                                                                                
REPRESENTATIVE  LEDOUX  asked  if   there  was  a  mechanism  for                                                               
challenging a vote cast by  someone outside the district, such as                                                               
signing  an affidavit  declaring  his/her  reasons for  believing                                                               
that the voter is not living  in that district, and the complaint                                                               
would result in DOE contacting the voter to verify residence.                                                                   
                                                                                                                                
MS. WILSON  answered that if a  voter votes in the  district from                                                               
which he/she  has moved, and  it is  brought to the  attention of                                                               
DOE  through a  complaint, the  law is  broad in  considering the                                                               
intent of the voter to  possibly return to his/her old residence.                                                               
If he/she is  still an Alaskan voter, he/she may  continue to use                                                               
the old address for voting purposes.                                                                                            
                                                                                                                                
REPRESENTATIVE LEDOUX asserted that is  the law for people moving                                                               
out of state  and considering returning to Alaska.   She attested                                                               
that her  concern involves someone  who owns a home  in southside                                                               
Anchorage, sells  that home, and  has no intention  of returning,                                                               
because he/she now owns a home in Midtown.                                                                                      
                                                                                                                                
MS. WILSON reiterated  that it is up to the  individual to notify                                                               
DOE  of   a  residence   address  change,   so  that   the  voter                                                               
registration record can  be updated.  She added  that without the                                                               
update, that location continues to be his/her voting residence.                                                                 
                                                                                                                                
4:11:01 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE LEDOUX  offered that  a statutory change  would be                                                               
needed to prevent that situation from happening.                                                                                
                                                                                                                                
MS.  WILSON responded  that's possible.   She  asserted that  the                                                               
issues are  the intent of  the voter regarding residency  and the                                                               
intent of  Alaska statute allowing for  temporary residence, such                                                               
as a work camp, as it relates to voting.                                                                                        
                                                                                                                                
REPRESENTATIVE LEDOUX  asserted that  her concern is  not related                                                               
to the person  who is working away from home  temporarily but for                                                               
the  person who  sells  his/her home  and,  for whatever  reason,                                                               
continues to  vote in his/her old  district.  She asked  if under                                                               
current law that is legal.                                                                                                      
                                                                                                                                
MS. WILSON responded that making  Alaska voter laws stricter must                                                               
be addressed through statute.                                                                                                   
                                                                                                                                
4:12:52 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  WOOL  offered that  the  observation  of a  voter                                                               
voting  outside his/her  district becomes  trickier regarding  an                                                               
absentee or mail-in ballot.                                                                                                     
                                                                                                                                
MS.  WILSON  stated  that  the  absentee  review  boards  in  the                                                               
regional DOE  offices review all  absentee ballots,  whether they                                                               
are by mail, absentee in-person,  or special needs.  She asserted                                                               
that during  the review  process, an  observer can  challenge the                                                               
eligibility of the voter whose  ballot is being reviewed, and the                                                               
challenge will be referred to  the director to review and decide,                                                               
case by case.                                                                                                                   
                                                                                                                                
REPRESENTATIVE  LEDOUX stated  that  by Election  Day, there  are                                                               
already a certain number of  absentee ballots counted.  She asked                                                               
if those ballots are reviewed by  the absentee review board or if                                                               
they are considered absentee in-person ballots.                                                                                 
                                                                                                                                
4:14:20 PM                                                                                                                    
                                                                                                                                
MS. WILSON  stated that there  are different  processes regarding                                                               
absentee  votes.   There  is a  permanent  absentee voter  (PAV),                                                               
someone who automatically  gets an absentee ballot  from DOE, and                                                               
an absentee in-person  voter.  All absentee  ballots are reviewed                                                               
by the  absentee review board.   She explained that  early voting                                                               
is like  voting at  the poll  on Election  Day -  it is  a "live"                                                               
ballot of  an eligible voter, and  it is not subject  to a review                                                               
process.   She  attested that  any ballot  that is  not by  early                                                               
voting or  Election Day voting  at the precinct goes  through the                                                               
review process.  She summarized  that the ballots that go through                                                               
the review  process are absentee ballots,  special needs ballots,                                                               
and question ballots.                                                                                                           
                                                                                                                                
MS. WILSON went on to say  that no ballots are counted before the                                                               
polls close at  8:00 p.m. on Election Day.   Absentee ballots are                                                               
reviewed  by  DOE  staff;  voter  history  is  entered  into  the                                                               
computer system; and  each ballot is independently  reviewed by a                                                               
review board.   She added that  a deadline date is  chosen by DOE                                                               
staff which  represents the date  by which absentee  ballots must                                                               
have been  received and  reviewed to be  counted on  Election Day                                                               
after the  polls close.   All other absentee ballots  are counted                                                               
in subsequent counts after they are reviewed.                                                                                   
                                                                                                                                
REPRESENTATIVE LEDOUX  asked if there  is any provision  for poll                                                               
watchers to  observe the  counting of  absentee ballots  or early                                                               
voting ballots.                                                                                                                 
                                                                                                                                
MS.  WILSON  replied  yes.    They  are  not  poll  watchers  but                                                               
observers who are present during the ballot count and review.                                                                   
                                                                                                                                
4:19:29 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE BIRCH  expressed his support for  increasing voter                                                               
turnout through the proposed legislation.                                                                                       
                                                                                                                                
CHAIR KREISS-TOMKINS indicated HB 1 would be held over.                                                                         
                                                                                                                                
4:21:45 PM                                                                                                                    
                                                                                                                                
ADJOURNMENT                                                                                                                   
                                                                                                                                
There being no  further business before the  committee, the House                                                               
State Affairs  Standing Committee  meeting was adjourned  at 4:22                                                               
p.m.                                                                                                                            
                                                                                                                                

Document Name Date/Time Subjects
HB001 Sponsor Statement 2.15.17.pdf HSTA 2/23/2017 3:00:00 PM
HB 1
HB001 ver A 2.15.17.pdf HSTA 2/23/2017 3:00:00 PM
HB 1
HB001 Sectional Analysis 2.15.17.pdf HSTA 2/23/2017 3:00:00 PM
HB 1
HB001 Supporting Document-Voting Information and Statistics 2.17.17.pdf HSTA 2/23/2017 3:00:00 PM
HB 1
HB001 Supporting Document-PEW Report 2.15.17.pdf HSTA 2/23/2017 3:00:00 PM
HB 1
HB001 Fiscal Note 2.21.17.pdf HSTA 2/23/2017 3:00:00 PM
HB 1
HB091 Proposed Committee Substitute ver D 2.21.17.pdf HSTA 2/23/2017 3:00:00 PM
HB 91
HB091 Draft Proposed Amendment ver D.1 2.23.17.pdf HSTA 2/23/2017 3:00:00 PM
HB 91
HB091 Draft Conceptual Amendment 2.23.17.pdf HSTA 2/23/2017 3:00:00 PM
HB 91