Legislature(2011 - 2012)BARNES 124

03/29/2011 08:00 AM House COMMUNITY & REGIONAL AFFAIRS


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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+= HB 196 BULK FUEL LOANS/POWER PROJECT FUND TELECONFERENCED
Moved Out of Committee
+= HB 178 ELECTION PROCEDURES TELECONFERENCED
Moved CSHB 178(CRA) Out of Committee
+ Bills Previously Heard/Scheduled TELECONFERENCED
                    ALASKA STATE LEGISLATURE                                                                                  
    HOUSE COMMUNITY AND REGIONAL AFFAIRS STANDING COMMITTEE                                                                   
                         March 29, 2011                                                                                         
                           8:08 a.m.                                                                                            
                                                                                                                                
MEMBERS PRESENT                                                                                                               
                                                                                                                                
Representative Cathy Engstrom Munoz, Chair                                                                                      
Representative Neal Foster, Vice Chair                                                                                          
Representative Alan Austerman                                                                                                   
Representative Alan Dick                                                                                                        
Representative Dan Saddler                                                                                                      
Representative Sharon Cissna                                                                                                    
Representative Berta Gardner                                                                                                    
                                                                                                                                
MEMBERS ABSENT                                                                                                                
                                                                                                                                
All members present                                                                                                             
                                                                                                                                
COMMITTEE CALENDAR                                                                                                            
                                                                                                                                
HOUSE BILL NO. 196                                                                                                              
"An Act relating  to the power project  fund and to the  bulk fuel                                                              
revolving loan  fund; establishing  a bulk  fuel loan  account and                                                              
making the  bulk fuel loan account  and the bulk fuel  bridge loan                                                              
account separate  accounts in the  bulk fuel revolving  loan fund;                                                              
providing for  technical assistance  to rural borrowers  under the                                                              
bulk  fuel bridge  loan program;  relating  to the  administration                                                              
and  investment  of the  bulk  fuel  revolving  loan fund  by  the                                                              
division in  the Department of  Commerce, Community,  and Economic                                                              
Development responsible  for community  and regional  affairs; and                                                              
providing for an effective date."                                                                                               
                                                                                                                                
     - MOVED HB 196 OUT OF COMMITTEE                                                                                            
                                                                                                                                
HOUSE BILL NO. 178                                                                                                              
"An  Act  relating  to  election  practices  and  procedures;  and                                                              
providing for an effective date."                                                                                               
                                                                                                                                
     - MOVED CSHB 178(CRA) OUT OF COMMITTEE                                                                                     
                                                                                                                                
PREVIOUS COMMITTEE ACTION                                                                                                     
                                                                                                                                
BILL: HB 196                                                                                                                  
SHORT TITLE: BULK FUEL LOANS/POWER PROJECT FUND                                                                                 
SPONSOR(s): REPRESENTATIVE(s) EDGMON                                                                                            
                                                                                                                                
03/16/11       (H)       READ THE FIRST TIME - REFERRALS                                                                        
03/16/11       (H)       CRA, FIN                                                                                               
03/24/11       (H)       CRA AT 8:00 AM BARNES 124                                                                              
03/24/11       (H)       Heard & Held                                                                                           
03/24/11       (H)       MINUTE(CRA)                                                                                            
03/29/11       (H)       CRA AT 8:00 AM BARNES 124                                                                              
                                                                                                                                
BILL: HB 178                                                                                                                  
SHORT TITLE: ELECTION PROCEDURES                                                                                                
SPONSOR(s): REPRESENTATIVE(s) THOMAS                                                                                            
                                                                                                                                
03/07/11       (H)       READ THE FIRST TIME - REFERRALS                                                                        
03/07/11       (H)       CRA, STA                                                                                               
03/15/11       (H)       CRA AT 8:00 AM BARNES 124                                                                              
03/15/11       (H)       Heard & Held                                                                                           
03/15/11       (H)       MINUTE(CRA)                                                                                            
03/29/11       (H)       CRA AT 8:00 AM BARNES 124                                                                              
                                                                                                                                
WITNESS REGISTER                                                                                                              
                                                                                                                                
ADAM BERG, Staff                                                                                                                
Representative Bryce Edgmon                                                                                                     
Alaska State Legislature                                                                                                        
Juneau, Alaska                                                                                                                  
POSITION STATEMENT:  Presented HB 196 on behalf of the sponsor,                                                               
Representative Edgmon.                                                                                                          
                                                                                                                                
SCOTT RUBY, Director                                                                                                            
Division of Community and Regional Affairs                                                                                      
Department of Commerce, Community & Economic Development (DCCED)                                                                
Anchorage, Alaska                                                                                                               
POSITION STATEMENT:  During hearing of HB 196, reviewed the                                                                   
fiscal notes.                                                                                                                   
                                                                                                                                
CECILE ELLIOT, Staff                                                                                                            
Representative Bill Thomas                                                                                                      
Alaska State Legislature                                                                                                        
Juneau, Alaska                                                                                                                  
POSITION STATEMENT:  Reviewed the changes encompassed in CSHB
178, Version X.                                                                                                                 
                                                                                                                                
GAIL FENUMIAI, Director                                                                                                         
Division of Elections                                                                                                           
Office of the Lieutenant Governor                                                                                               
Juneau, Alaska                                                                                                                  
POSITION STATEMENT:  During hearing on HB 178, answered                                                                       
questions.                                                                                                                      
                                                                                                                                
MARK SAN SOUCI, Regional Liaison Northwest                                                                                      
Defense State Liaison Office                                                                                                    
Office  of  the  Deputy  Assistant  Secretary  of  Defense  (DUSD)                                                              
(Military Community and Family Policy)                                                                                          
U.S. Department of Defense                                                                                                      
Washington State                                                                                                                
POSITION  STATEMENT:     During   hearing  of  HB   178,  answered                                                            
questions.                                                                                                                      
                                                                                                                                
                                                                                                                                
ACTION NARRATIVE                                                                                                              
                                                                                                                                
8:08:49 AM                                                                                                                    
                                                                                                                                
CHAIR  CATHY  ENGSTROM  MUNOZ  called   the  House  Community  and                                                            
Regional  Affairs  Standing Committee  meeting  to  order at  8:08                                                              
a.m.  Representatives  Austerman,  Foster, Dick,  Saddler,  Cissna                                                              
(via  teleconference), and  Gardner were  present at  the call  to                                                              
order.                                                                                                                          
                                                                                                                                
           HB 196-BULK FUEL LOANS/POWER PROJECT FUND                                                                        
                                                                                                                                
8:09:18 AM                                                                                                                    
                                                                                                                                
CHAIR MUNOZ  announced that the  first order of business  would be                                                              
HOUSE BILL  NO. 196, "An  Act relating  to the power  project fund                                                              
and to  the bulk  fuel revolving  loan fund;  establishing  a bulk                                                              
fuel loan  account and making the  bulk fuel loan account  and the                                                              
bulk fuel bridge  loan account separate accounts in  the bulk fuel                                                              
revolving loan fund;  providing for technical assistance  to rural                                                              
borrowers under  the bulk  fuel bridge  loan program;  relating to                                                              
the  administration  and investment  of  the bulk  fuel  revolving                                                              
loan  fund  by  the  division  in   the  Department  of  Commerce,                                                              
Community,  and  Economic Development  responsible  for  community                                                              
and regional affairs; and providing for an effective date."                                                                     
                                                                                                                                
8:09:48 AM                                                                                                                    
                                                                                                                                
ADAM  BERG,  Staff,  Representative  Bryce  Edgmon,  Alaska  State                                                              
Legislature,  informed  the committee  that  HB  196 has  two  new                                                              
fiscal notes.  He  explained that the goal of the  fiscal notes is                                                              
to  pay for  the program  with  the interest  from  the Bulk  Fuel                                                              
Revolving Loan  Fund (BFRLF).   With regard to concerns  regarding                                                              
the deleted  language on  page 3,  lines 14-16,  Mr. Berg  said he                                                              
spoke with  the Offices  of Representatives  Dick and  Gardner who                                                              
he understands now find the bill acceptable.                                                                                    
                                                                                                                                
REPRESENTATIVE  DICK  confirmed  that the  deleted  language  does                                                              
help everyone and keeps the process simple.                                                                                     
                                                                                                                                
REPRESENTATIVE  GARDNER  said that  since  she doesn't  have  much                                                              
experience with  small rural areas,  she would take her  lead from                                                              
those  who do.   Still,  she expressed  some concern  as it  seems                                                              
appropriate to have local government involvement.                                                                               
                                                                                                                                
REPRESENTATIVE DICK  emphasized that he wrestled  with this issue,                                                              
but opined that  requiring consultation with the  local government                                                              
doesn't  work for some  communities  at all.   Therefore,  at this                                                              
time  it seems  best to  leave the  language  requiring a  written                                                              
endorsement from the governing body of the community out.                                                                       
                                                                                                                                
8:13:33 AM                                                                                                                    
                                                                                                                                
SCOTT  RUBY,   Director,  Division   of  Community   and  Regional                                                              
Affairs,   Department   of   Commerce,    Community   &   Economic                                                              
Development  (DCCED),  directed   attention  to  the  Division  of                                                              
Community and  Regional Affairs'  (DCRA) fiscal note.   Currently,                                                              
the Bulk  Fuel Bridge  Loan Program  is funded  by a general  fund                                                              
(GF)  appropriation  of  $219,000.     Those  funds  pay  for  the                                                              
contractor as  well as  travel for the  contractor and  staff when                                                              
providing technical  assistance to communities.   There is  also a                                                              
reimbursable  services  agreement   (RSA)  with  the  Division  of                                                              
Economic Development  for $45,000  to pay  for its accounting  and                                                              
administration  of  the  existing  program.    He  explained  that                                                              
initially, Rural  Alaska Fuel Services (RAFS)  managed everything.                                                              
In  fact, the  funds  were  in a  bank  account under  RAFS'  name                                                              
because they were  grant funds.  When that had to  be brought into                                                              
the state  system, which caused  a statutory change, there  was no                                                              
fiscal  note  to  reflect the  different  form  of  administrative                                                              
costs.   Therefore, [the  state] continued  to pay the  contractor                                                              
at  the rate  that existed  prior and  then paid  the Division  of                                                              
Economic Development (DED) for its costs.                                                                                       
                                                                                                                                
MR. RUBY pointed  out that the expectation in 2013  is for program                                                              
administration,  in terms  of DCRA's  portion,  to cost  $252,800.                                                              
Those  funds would  come  from interest  earned  on  the fund  and                                                              
would  pay for a  DCRA staff  person to  administer the  contract,                                                              
approve the  loans, perform the  due diligence on the  loans prior                                                              
to  approval,  and administer  the  program.   Of  that  $252,800,                                                              
$40,000 would pay  for the travel of the contractor  or DCRA staff                                                              
when  he/she  has   to  provide  technical  assistance   when  the                                                              
contractor is  unable to do  so.  The  fiscal note  also specifies                                                              
$120,000  for contractual  costs.   The  DED  fiscal note  relates                                                              
$80,000  for  administration,  which  is based  on  an  accounting                                                              
technician  II  position.    He  recalled  that  at  the  previous                                                              
meeting  there  was concern  that  the  new  cost of  running  the                                                              
program  is  about  $333,000  versus the  current  cost  of  about                                                              
$272,000.   The concern was that  the program was being  made more                                                              
efficient, but it  was going to cost more to run  the program.  He                                                              
attributed the discrepancy  to the fact that all the  costs to run                                                              
the program  aren't being reflected  in the amount reported.   For                                                              
instance, in  the current funding  scheme there is no  funding for                                                              
a DCRA  position to  administer the program.   Therefore,  part of                                                              
that position administering  the contract and the  11 positions is                                                              
currently being paid  for out of DCRA's GF and  isn't reflected in                                                              
the  $219,000 cost.   The  other issue  is that  it may  not  be a                                                              
full-time  position in  DCRA to  administer the  new program,  but                                                              
rather  will  be only  three-quarters  of  a position.    However,                                                              
fiscal notes  require that  a full  position and  the cost  for it                                                              
would have  to be  added.  Mr.  Ruby said  that DCRA doesn't  have                                                              
the funding,  the ability,  or the prioritization  to take  on the                                                              
administration of the extra 60 loans with DCRA's existing staff.                                                                
                                                                                                                                
8:18:02 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE GARDNER opined that with the efficiency of one-                                                                  
stop shopping, it still seems there should be a savings.                                                                        
                                                                                                                                
8:18:21 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  DICK inquired as  to how  the added expense  would                                                              
help fulfill the need to be more accountable.                                                                                   
                                                                                                                                
MR. RUBY  related that many  of the efficiencies  are efficiencies                                                              
perceived  by the  communities.   Under HB  196, communities  will                                                              
only  have to  complete one  application, the  loan approval  time                                                              
will be shortened,  and there's no  danger of loans being  held up                                                              
by  short  barge  deliveries.    With  regard  to  accountability,                                                              
currently the 60  members under the AEA program  [the BFRLF] don't                                                              
receive technical  assistance funded by the Bulk  Fuel Bridge Loan                                                              
Program.   However, under  HB 196 [those  applying for  the BFRLF]                                                              
would  have  access to  this  technical  assistance on  a  routine                                                              
basis.                                                                                                                          
                                                                                                                                
8:20:23 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  AUSTERMAN directed  attention to  the fiscal  note                                                              
from AEA,  which relates that it  takes $53,600 from the  BFRLF to                                                              
run the program.   He then directed attention to  the fiscal notes                                                              
from  the Division  of Economic  Development and  the Division  of                                                              
Community  &  Regional  Affairs,   which  total  around  $333,000.                                                              
Representative  Austerman said that  he still doesn't  understand.                                                              
He asked if AEA  took $252,000 from the BFRLF annually  to run the                                                              
[Bulk Fuel Bridge Loan Program].                                                                                                
                                                                                                                                
MR.  RUBY  clarified  that  part  of  the  funds  are  supplanting                                                              
$219,000  in GF  that's  available.   Currently,  DCRA receives  a                                                              
$219,000  GF appropriation  annually to administer  the Bulk  Fuel                                                              
Bridge  Loan Program.    However, under  this  fiscal note,  those                                                              
funds would  no longer be required;  there would be a  fund source                                                              
change  and the  funds would  now come  from the  proceeds of  the                                                              
loan program.   In further  response to Representative  Austerman,                                                              
Mr. Ruby pointed  out that the funding source for  the fiscal note                                                              
[for  DCRA] tries  to  reflect that  by  specifying  that in  2013                                                              
there's  a [decrement]  of $219,000  and an increase  in the  fuel                                                              
loan.                                                                                                                           
                                                                                                                                
REPRESENTATIVE   AUSTERMAN  pointed   out  that   even  with   the                                                              
decrement  of  $219,000  the remainder  is  [$114,000],  which  is                                                              
about double  the existing $53,000.   Therefore, he  surmised that                                                              
the cost to run  the program under DCRA is double  the cost to run                                                              
it under AEA.                                                                                                                   
                                                                                                                                
MR. RUBY  specified that it  will cost approximately  $60,000 more                                                              
to run the program under DCRA than AEA.                                                                                         
                                                                                                                                
REPRESENTATIVE  AUSTERMAN   questioned  the  inefficiency   of  an                                                              
operation  for  which  the  cost doubles,  although  the  goal  is                                                              
efficiency.                                                                                                                     
                                                                                                                                
8:24:20 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE AUSTERMAN  moved to report HB 196  out of committee                                                              
with  individual  recommendations   and  the  accompanying  fiscal                                                              
notes.  There being no objection, it was so ordered.                                                                            
                                                                                                                                
8:24:40 AM                                                                                                                    
                                                                                                                                
The committee took an at-ease from 8:24 a.m. to 8:26 a.m.                                                                       
                                                                                                                                
                   HB 178-ELECTION PROCEDURES                                                                               
8:26:32 AM                                                                                                                    
                                                                                                                                
                                                                                                                                
CHAIR MUNOZ  announced that the  final order of business  would be                                                              
HOUSE BILL  NO. 178,  "An Act relating  to election  practices and                                                              
procedures;  and providing for  an effective  date."   [Before the                                                              
committee  was CSHB  178, Version  27-LS0304\E, Bullard,  3/11/11,                                                              
adopted on 3/15/11.]                                                                                                            
                                                                                                                                
8:27:15 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  SADDLER  moved  to  adopt CSHB  178,  Version  27-                                                              
LS0304\X,  Bullard,  3/18/11,  as  the working  document.    There                                                              
being no objection, Version X was before the committee.                                                                         
                                                                                                                                
8:27:36 AM                                                                                                                    
                                                                                                                                
CECILE  ELLIOT, Staff,  Representative Bill  Thomas, Alaska  State                                                              
Legislature,  explained  that  due to  the  committee's  concerns,                                                              
Version X  no longer  includes the  provisions allowing  voting by                                                              
email.    If  the  legislation   moves  forward  with  the  45-day                                                              
requirement  and the ability  to deliver  information and  ballots                                                              
electronically,  it   would  provide  enough  time   to  vote  for                                                              
military and overseas voters.                                                                                                   
                                                                                                                                
8:28:24 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  SADDLER  surmised   then  that  under  Version  X,                                                              
overseas voters  can receive their  ballot application  via email,                                                              
although they can't return them via email.                                                                                      
                                                                                                                                
MS. ELLIOT replied yes.                                                                                                         
                                                                                                                                
8:29:24 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE GARDNER  moved that the committee  adopt Conceptual                                                              
Amendment 1, which  would retain the requirement of  a witness for                                                              
an overseas  voter.   She related her  belief that it's  difficult                                                              
to imagine a situation  in which an overseas voter  can't obtain a                                                              
witness.                                                                                                                        
                                                                                                                                
8:30:33 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  SADDLER said  that although  he had concerns  with                                                              
the  removal of  the witness  requirement,  those concerns  didn't                                                              
seem to  be borne  out.  However,  he did  hear from advocates  of                                                              
military  voting   rights  that  the  witness  requirement   is  a                                                              
difficulty  for  serviceman  who  try  to  vote.    Therefore,  he                                                              
decided  to fall  on the  side of  ensuring  that overseas  voters                                                              
have every opportunity to vote.                                                                                                 
                                                                                                                                
8:31:46 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  GARDNER,  in response  to  Chair Munoz,  specified                                                              
that Conceptual  Amendment 1 would  reinsert the  deleted language                                                              
on  page  2,  line  6,  of  Version  X.    With  the  adoption  of                                                              
Conceptual  Amendment  1, the  language  on  page 2,  lines  6-12,                                                              
would read as follows:                                                                                                          
                                                                                                                                
     signature,  a certification  that  the affiant  properly                                                                   
     executed  the  marking  of   the  ballot  and  gave  the                                                                   
     voter's identity,  blanks for the attesting  official or                                                                   
     witness,  and  a  place  for   recording  the  date  the                                                                   
     envelope  was sealed  and witnessed.  The envelope  with                                                                   
     the  voter's  certificate  must include  a  notice  that                                                                   
     false statements  made by the voter or by  the attesting                                                                   
     official  or witness on  the certificate are  punishable                                                                   
     by law.                                                                                                                    
                                                                                                                                
8:34:18 AM                                                                                                                    
                                                                                                                                
CHAIR MUNOZ  pointed out that on  page 3, lines 21-30,  of Version                                                              
E the requirements for a witness are specified.                                                                                 
                                                                                                                                
MS. ELLIOT replied yes.                                                                                                         
                                                                                                                                
8:35:01 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE   GARDNER  reiterated   that   she  can't   imagine                                                              
circumstances  in  which  an  individual   [overseas]  could  have                                                              
access to  a ballot, the ability  to return the ballot,  but can't                                                              
find a witness.                                                                                                                 
                                                                                                                                
MS.  ELLIOT questioned  how  military  and overseas  voters  would                                                              
know a  foreign witness  is 18.   Furthermore,  an individual  can                                                              
falsify a witness  easier than the voter can  falsify him/herself.                                                              
She reminded  the committee  that in order  to vote  absentee, the                                                              
voter  has to  provide  personal information  to  the Division  of                                                              
Elections, while  a witness doesn't have  to do any of  that.  Ms.                                                              
Elliot  acknowledged that  it's  a policy  call.   If obtaining  a                                                              
witness is  a potential  impediment and there's  no way  to verify                                                              
that the witness  is a witness, she questioned  whether this would                                                              
place an  absentee voter without  a witness  and in a  position to                                                              
falsify a witness.                                                                                                              
                                                                                                                                
REPRESENTATIVE  GARDNER  opined that  [all  absentee voters]  have                                                              
the ability to falsify a witness.                                                                                               
                                                                                                                                
MS. ELLIOT stated that the witness requirement applies to all                                                                   
absentee voters.                                                                                                                
                                                                                                                                
8:37:46 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE AUSTERMAN pointed out that in Version X changes                                                                  
to the witness requirement may need to be made throughout the                                                                   
legislation.                                                                                                                    
                                                                                                                                
8:38:21 AM                                                                                                                    
                                                                                                                                
CHAIR MUNOZ informed the committee that she had just received an                                                                
amendment from Legislative Legal Services regarding changes to                                                                  
the witness requirement.                                                                                                        
                                                                                                                                
8:38:28 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE GARDNER withdrew Conceptual Amendment 1.                                                                         
                                                                                                                                
8:39:25 AM                                                                                                                    
                                                                                                                                
CHAIR MUNOZ moved to adopt Amendment 2, labeled 27-LS0304\X.2,                                                                  
Bullard, 3/28/11, which read:                                                                                                   
                                                                                                                                
     Page 1, line 11, through page 2, line 12:                                                                                  
          Delete all material.                                                                                                  
                                                                                                                                
     Renumber the following bill sections accordingly.                                                                          
                                                                                                                                
     Page 3, lines 2 - 8:                                                                                                       
          Delete all material.                                                                                                  
                                                                                                                                
     Renumber the following bill sections accordingly.                                                                          
                                                                                                                                
     Page 3, line 13:                                                                                                           
          Delete "AS 15.20.066"                                                                                                 
          Insert "AS 15.20.066(a)"                                                                                              
                                                                                                                                
     Page 3, line 14:                                                                                                           
          Delete "Sec. 15.20.066. Absentee voting by                                                                          
     electronic transmission."                                                                                                
                                                                                                                                
     Page 3, line 24, through page 4, line 18:                                                                                  
          Delete all material.                                                                                                  
                                                                                                                                
     Renumber the following bill sections accordingly.                                                                          
                                                                                                                                
     Page 5, line 17, through page 6, line 3:                                                                                   
          Delete all material.                                                                                                  
                                                                                                                                
     Renumber the following bill sections accordingly.                                                                          
                                                                                                                                
     Page 6, line 14, through page 7, line 24:                                                                                  
          Delete all material.                                                                                                  
                                                                                                                                
     Renumber the following bill sections accordingly.                                                                          
                                                                                                                                
     Page 9, line 30:                                                                                                           
          Delete ", 15.20.081(i), and 15.20.160"                                                                                
          Insert "and 15.20.081(i)"                                                                                             
                                                                                                                                
8:39:55 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  SADDLER inquired as  to the division's  experience                                                              
with  witness requirements.   He  further inquired  as to  whether                                                              
there has been evidence of voters fraudulently witness ballots.                                                                 
                                                                                                                                
8:40:09 AM                                                                                                                    
                                                                                                                                
GAIL  FENUMIAI, Director,  Division  of Elections,  Office of  the                                                              
Lieutenant  Governor, said that  the division  has no  evidence of                                                              
voters trying to  fraudulently witness ballots.   The main problem                                                              
with  the witness  requirement  is that  the  witness provides  an                                                              
identifier,  his/her  driver's  license,  on the  ballot  envelope                                                              
rather  than the  voter.   She reiterated  that  the division  has                                                              
seen no  evidence of  fraud, which she  opined would  be difficult                                                              
to prove  because the  witness merely provides  a signature  and a                                                              
date.                                                                                                                           
                                                                                                                                
8:41:02 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE   SADDLER    surmised   then   that    there's   no                                                              
certification or notarization; it's a matter of trust.                                                                          
                                                                                                                                
MS. FENUMIAI  agreed that  it's a  matter of  trust.   The witness                                                              
requirement  statute specifies that  the witness  be over  the age                                                              
18  or an  individual who  is authorized  to  administer an  oath,                                                              
such as a post  master, a commissioned officer in  the military, a                                                              
judge,  a magistrate,  and  a notary.    The  ballots, she  noted,                                                              
don't require notarization.                                                                                                     
                                                                                                                                
8:41:38 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE SADDLER  inquired as to the four  different ways an                                                              
individual  can verify his/her  signature  for an absentee  ballot                                                              
application.                                                                                                                    
                                                                                                                                
MS.  FENUMIAI confirmed  that  an  individual can  verify  his/her                                                              
signature for  an absentee ballot  application with  his/her voter                                                              
number,  date of birth,  and last  four digits  of his/her  social                                                              
security  number.   She noted  that  she would  let the  committee                                                              
know  if there  is  another  verification  method.   Ms.  Fenumiai                                                              
stressed  that   the  aforementioned   verifications   are  unique                                                              
identifiers, one of  which must be provided on the  return by mail                                                              
ballot in order for the division to accept the ballot.                                                                          
                                                                                                                                
8:42:28 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE     SADDLER    asked     if    there     are    any                                                              
sanctions/penalties for military voters who falsify a ballot.                                                                   
                                                                                                                                
MS. ELLIOT informed  the committee that it's a Class  C felony for                                                              
anyone  who falsifies  information on  a ballot.   With regard  to                                                              
any  further federal  government punishment,  Ms. Elliot  deferred                                                              
to Mr. San Souci.                                                                                                               
                                                                                                                                
8:43:18 AM                                                                                                                    
                                                                                                                                
MARK  SAN  SOUCI,   Regional  Liaison  Northwest,   Defense  State                                                              
Liaison  Office,  Office  of the  Deputy  Assistant  Secretary  of                                                              
Defense  (DUSD)  (Military  Community  and  Family  Policy),  U.S.                                                              
Department  of  Defense,  suggested   that  the  Uniform  Code  of                                                              
Military  Justice  (UCMJ)  would probably  cover  such  fraudulent                                                              
activity.   In  fact,  in the  military he  presumed  that such  a                                                              
charge would  result in a stricter  [penalty], such as  even being                                                              
court marshaled.                                                                                                                
                                                                                                                                
8:43:55 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE FOSTER  asked if the  sponsor has commented  on the                                                              
witness requirements.                                                                                                           
                                                                                                                                
MS.  ELLIOT  related   that  the  sponsor  feels   strongly  about                                                              
removing impediments to voting for military and overseas voters.                                                                
                                                                                                                                
8:44:49 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  DICK objected  for discussion,  and then  withdrew                                                              
his objection.                                                                                                                  
                                                                                                                                
REPRESENTATIVE SADDLER objected.                                                                                                
                                                                                                                                
8:45:16 AM                                                                                                                    
                                                                                                                                
A roll  call  vote was  taken.   Representatives Austerman,  Dick,                                                              
and  Munoz  voted  in  favor  of  the  adoption  of  Amendment  2.                                                              
Representatives  Gardner, Foster,  and Saddler  voted against  it.                                                              
Therefore, Amendment 2 failed by a vote of 3-3.                                                                                 
                                                                                                                                
8:46:06 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  GARDNER moved that  the committee adopt  Amendment                                                              
3, labeled 27-LS0304\I.1, Bullard, 3/14/11, which read:                                                                         
                                                                                                                                
     Page 7, following line 2:                                                                                                  
     Insert a new bill section to read:                                                                                         
        "*  Sec. 13. AS  15.25.042 is amended  by adding  new                                                               
     subsections to read:                                                                                                       
          (e)  When the director changes a previous                                                                             
     determination  as to  the  eligibility  of a  candidate,                                                                   
     the   director  shall   send  written   notice  to   the                                                                   
     candidate,  other candidates  for  the  office, and,  if                                                                   
     applicable,   a  person  who   has  filed  a   complaint                                                                   
     regarding  the  candidate's   eligibility.  The  written                                                                   
     notice must  include an explanation  of the  reasons for                                                                   
     the change  in the determination  as to the  eligibility                                                                   
     of the candidate.                                                                                                          
          (f)  A person may challenge a determination as to                                                                     
     the eligibility  of a candidate  made under (e)  of this                                                                   
     section. The  challenge must  be made in writing  within                                                                   
     30 days after  the mailing of the written  notice of the                                                                   
     change in the director's determination."                                                                                   
                                                                                                                                
     Renumber the following bill sections accordingly.                                                                          
                                                                                                                                
REPRESENTATIVE  GARDNER related  that after  the filing  deadline,                                                              
the division  determines whether  the candidates are  qualified to                                                              
run.   The  parties have  30 days  to object.   Occasionally,  the                                                              
Division  of Elections  determines an  individual isn't  qualified                                                              
to  run  and  changes the  determination.    However,  there's  no                                                              
requirement  to notify  anyone when  there's a  change in  whether                                                              
the  candidate is  qualified  to run.   In  a  particular case,  a                                                              
candidate was deemed  not qualified and some days  later there was                                                              
a change made and  the candidate was deemed qualified  to run, but                                                              
no one knew about  it.  Therefore, the party found  itself outside                                                              
the time  period allowed  to object to  the candidate's  change in                                                              
status because it  hadn't been notified of the  change.  Amendment                                                              
3 simply specifies  that if the Division of Elections  changes its                                                              
determination,   it  has  to  notify   the  candidate   and  other                                                              
candidates seeking  office.  Upon notification of  the change, the                                                              
clock starts  ticking.   Representative Gardner  opined that  this                                                              
change encompassed in Amendment 2 just seems fair.                                                                              
                                                                                                                                
8:48:44 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE DICK objected for discussion.                                                                                    
                                                                                                                                
8:48:51 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE GARDNER,  in response to Representative  Austerman,                                                              
confirmed  that  the reference  to  "the  office" in  Amendment  2                                                              
refers to candidates seeking the same office.                                                                                   
                                                                                                                                
8:49:39 AM                                                                                                                    
                                                                                                                                
MS.  FENUMIAI  informed  the  committee  that  a  challenge  to  a                                                              
candidate's seat  has to be received  within 10 days of  the close                                                              
of the  filing deadline.   If the  division makes a  determination                                                              
that the candidate  is no longer qualified, under  Amendment 3 the                                                              
director   would  then  notify   the  candidate   and  all   other                                                              
candidates   in   that  race   of   the  change   in   eligibility                                                              
qualification.  At  that point, an individual could  challenge the                                                              
director's  decision   within  30  days  of  it.     Ms.  Fenumiai                                                              
expressed  concern  that  there  is  no  language  specifying  the                                                              
length of time the  division has to respond to  a second challenge                                                              
to  a change  in  candidate eligibility.    She  pointed out  that                                                              
statute  allows 30  days for  the  initial eligibility  challenge.                                                              
Ms. Fenumiai  suggested that 10  days from receipt of  a challenge                                                              
would be  a fairly  reasonable response time  for the  division to                                                              
make a decision on a secondary challenge.                                                                                       
                                                                                                                                
8:51:32 AM                                                                                                                    
                                                                                                                                
CHAIR  MUNOZ asked  if  this applies  after  the  filing date  has                                                              
closed.                                                                                                                         
                                                                                                                                
MS. FENUMIAI  replied yes.   In further  response to  Chair Munoz,                                                              
Ms.  Fenumiai clarified  that a  candidate can  be challenged  any                                                              
time  after filing  his/her  paperwork.   However,  the  challenge                                                              
cannot be  filed any later than  the 10th day following  June 1st.                                                              
Therefore,  an individual  who files  for  candidacy February  2nd                                                              
can  be challenged  up  until June  11th,  10  days following  the                                                              
candidacy filing  deadline.  Currently, there are  no notification                                                              
requirements  in  statute or  state  regulations  to notify  other                                                              
involved  parties  of  the  division's   decision  to  overturn  a                                                              
candidacy  eligibility  decision or  qualification  determination.                                                              
Amendment 3  would require the division  to provide notice  of the                                                              
aforementioned  to  other  impacted  parties.   Ms.  Fenumiai,  in                                                              
further response  to Chair  Munoz, explained  that if  a candidate                                                              
is deemed  ineligible  and there  is no other  candidate for  that                                                              
party, there  are no replacement  provisions.  However,  there are                                                              
replacement provisions for a candidate that withdraws.                                                                          
                                                                                                                                
8:53:41 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  GARDNER  reminded the  committee  that the  recent                                                              
circumstance  was  one in  which  Representative  Dick was  deemed                                                              
unqualified,  but   his  opponent   in  the  primary   was  deemed                                                              
qualified.   The  division  then changed  its  decision such  that                                                              
Representative  Dick was  deemed qualified,  but it  was too  late                                                              
for anyone  to challenge the  change in determination.   Amendment                                                              
3 merely  specifies that  the division should  inform folks  if it                                                              
changes a  determination, and  at that point  the clock  starts in                                                              
terms of how long that determination is open to be challenged.                                                                  
                                                                                                                                
MS.   FENUMIAI  remarked   that   Amendment   3  merely   provides                                                              
notification  and   allows  the  opposing  party's   candidate  to                                                              
further challenge  the division's  decision within  30 days.   She                                                              
then  clarified that  after the  June  1st deadline  there are  no                                                              
provisions   to  replace   a  candidate.     However,  there   are                                                              
provisions  addressing  situations  when  something happens  to  a                                                              
candidate following the primary.                                                                                                
                                                                                                                                
8:55:04 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  DICK related  that in  his situation  once he  was                                                              
deemed eligible,  the other  candidate within  his party  chose to                                                              
withdraw.   Therefore, Representative  Dick  was unopposed  in the                                                              
primary.  [Amendment 3] would clarify things for all concerned.                                                                 
                                                                                                                                
8:55:38 AM                                                                                                                    
                                                                                                                                
CHAIR  MUNOZ  expressed  concern  with  a  situation  in  which  a                                                              
candidate  is eligible  up  to June  1st  and  then is  challenged                                                              
within   that   10-day   period.     However,   because   of   the                                                              
circumstances,  there is no  other candidate  and no provision  to                                                              
replace that candidate.                                                                                                         
                                                                                                                                
REPRESENTATIVE  GARDNER clarified  that  the aforementioned  isn't                                                              
addressed [in Amendment 3].  In further response to Chair Munoz,                                                                
Representative Gardner  clarified that  it's not that  a candidate                                                              
becomes  unqualified, but  rather  it's whether  the candidate  is                                                              
deemed  qualified  or not.    Representative Gardner  pointed  out                                                              
that there are candidates who are not qualified.                                                                                
                                                                                                                                
MS.  FENUMIAI  interjected  that   the  rules  for  challenging  a                                                              
candidate are  not being changed  by Amendment  3.  The  rules for                                                              
challenging  a candidate  remain  in place  and  the deadline  for                                                              
challenging a  candidate's eligibility  is 10 days  following June                                                              
1st,  the  filing  deadline  day.   Amendment  3  simply  provides                                                              
notification  to  the  involved   parties,  should  a  candidate's                                                              
eligibility determination  change as a result of  a challenge that                                                              
was filed timely by the 10th day following the filing deadline.                                                                 
                                                                                                                                
CHAIR MUNOZ  confirmed that she  understands that, but  noted that                                                              
it  highlights  a problem  in  the process.    If  a candidate  is                                                              
challenged  after June  1st and  found to be  not qualified,  then                                                              
there could  be no  candidate.  Therefore,  she opined  that there                                                              
should be provisions to address that in statute.                                                                                
                                                                                                                                
8:57:39 AM                                                                                                                    
                                                                                                                                
MS. FENUMIAI,  in response  to Representative Saddler,  reiterated                                                              
that  Amendment   3  would   inform  folks   that  a   candidate's                                                              
eligibility   determination  has   been  changed   and  allows   a                                                              
challenge of  that decision  within 30 days.   She suggested  that                                                              
perhaps that timeframe  in which a challenge could  occur could be                                                              
shortened such  that a challenge  is allowed  in 15 days  and then                                                              
the division has 15 days to respond.                                                                                            
                                                                                                                                
8:58:25 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  GARDNER   moved  to  a  conceptual   amendment  to                                                              
Amendment 3,  such that the length  of days specified  in proposed                                                              
subsection  (f)  is   changed  from  "30"  to  "15"   days.    The                                                              
conceptual  amendment  to  Amendment  3  would  also  add  a  [new                                                              
subsection]  specifying:  "The  division  shall  make  a  decision                                                              
within 15 days from receipt of the challenge."                                                                                  
                                                                                                                                
[The  conceptual   amendment  to   Amendment  3  was   treated  as                                                              
adopted.]                                                                                                                       
                                                                                                                                
8:59:22 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  GARDNER, in  response  to Representative  Saddler,                                                              
clarified  that it  should be  the date  of [the  receipt of  the]                                                              
challenge.                                                                                                                      
                                                                                                                                
MS. FENUMIAI said that's up to the will of the committee.                                                                       
                                                                                                                                
8:59:50 AM                                                                                                                    
                                                                                                                                
MS. FENUMIAI, in  response to Representative  Austerman, clarified                                                              
that the  original complaint  has to  be filed  within 10  days of                                                              
the filing deadline.                                                                                                            
                                                                                                                                
REPRESENTATIVE GARDNER  explained that the  idea is that  the onus                                                              
is  on the  candidate  to  check within  10  days  [of the  filing                                                              
deadline]  who is  in  the race.   However,  if  there's a  change                                                              
after  [the  filing  deadline],  candidates may  not  check  daily                                                              
because they believe it's finalized.                                                                                            
                                                                                                                                
MS. FENUMIAI  informed the  committee that  the regulations  don't                                                              
specify a  deadline for the  division to  respond.  Since  time is                                                              
of  the essence  and  ballots need  to  be printed,  the  division                                                              
responds fairly quickly.                                                                                                        
                                                                                                                                
9:01:36 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE DICK removed his objection.                                                                                      
                                                                                                                                
9:01:45 AM                                                                                                                    
                                                                                                                                
There being  no further  objection, Amendment  3 [as amended]  was                                                              
adopted.                                                                                                                        
                                                                                                                                
9:01:50 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  GARDNER moved that  the committee adopt  Amendment                                                              
4, labeled 27-LS0304\I.2, Bullard, 3/14/11, which read:                                                                         
                                                                                                                                
     Page 7, following line 2:                                                                                                  
     Insert a new bill section to read:                                                                                         
      "* Sec. 13. AS 15.25.030 is amended by adding a new                                                                   
     subsection to read:                                                                                                        
          (d)  A declaration of candidacy is a public                                                                           
     record, and all statements required to be included in                                                                      
      the declaration of candidacy under this section are                                                                       
     open to public inspection."                                                                                                
                                                                                                                                
     Renumber the following bill sections accordingly.                                                                          
                                                                                                                                
     Page 7, following line 7:                                                                                                  
     Insert new bill sections to read:                                                                                          
      "* Sec. 15. AS 15.25.105 is amended by adding a new                                                                   
     subsection to read:                                                                                                        
          (d)  A letter of intent is a public record, and                                                                       
      all statements required to be included in the letter                                                                      
        of intent under this section are open to public                                                                         
     inspection.                                                                                                                
       * Sec. 16. AS 15.25.180 is amended by adding a new                                                                     
     subsection to read:                                                                                                        
          (d)  A petition is a public record, and all                                                                           
       statements required to be included in the petition                                                                       
     under this section are open to public inspection."                                                                         
                                                                                                                                
     Renumber the following bill sections accordingly.                                                                          
                                                                                                                                
REPRESENTATIVE   GARDNER   related   her  understanding   that   a                                                              
registered voter can choose to not release his/her address.                                                                     
                                                                                                                                
MS.  FENUMIAI confirmed  that  a voter  can  request that  his/her                                                              
residence  address   be  kept   confidential,  and   therefore  it                                                              
wouldn't  be  released to  the  general  public who  may  purchase                                                              
voter lists.   The aforementioned can only occur  when the voter's                                                              
mailing address differs from his/her residence address.                                                                         
                                                                                                                                
9:02:35 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  GARDNER pointed  out that a  candidate can  do the                                                              
same,  and  thus   doesn't  have  to  release   his/her  residence                                                              
address.    She  further  pointed   out  that  candidates  provide                                                              
financial disclosures  that include information regarding  to whom                                                              
the  candidate  owes money,  what  the  candidate owns,  and  from                                                              
where the  candidate's income comes.   The same is true  for those                                                              
individuals  living with  the candidate.   Representative  Gardner                                                              
opined that  part of whether a  candidate is qualified  to run for                                                              
office is the  people in the district knowing  where the candidate                                                              
lives.   However, currently a  candidate doesn't have  to publicly                                                              
disclose  that   information.    Therefore,  Amendment   4  simply                                                              
specifies  that a  declaration of  candidacy,  which includes  the                                                              
candidate's residence  address, is a public record  open to public                                                              
review.                                                                                                                         
                                                                                                                                
9:03:27 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  AUSTERMAN objected  for discussion  purposes.   He                                                              
then inquired as  to history behind keeping the  residence address                                                              
private.                                                                                                                        
                                                                                                                                
MS. FENUMIAI  related that although  she wasn't with  the division                                                              
when that  occurred, she recalled  that it was due  to legislation                                                              
passed  by  then-Senators  Gretchen  Guess  and  Gene  Therriault.                                                              
She  further recalled  that  the  legislation was  implemented  to                                                              
protect  victims  of  domestic   violence,  police  officers,  and                                                              
judicial officers  who didn't  want their  address to  be released                                                              
to  the public.  Ms.  Fenumiai emphasized  that  the division  has                                                              
access  to everyone's  residence  address, and  thus can  validate                                                              
the eligibility  of a candidate.   However, she  acknowledged that                                                              
a  candidate  wouldn't  be  able   to  obtain  his/her  opponent's                                                              
residence address if he/she chose to keep it confidential.                                                                      
                                                                                                                                
REPRESENTATIVE GARDNER  said that  it's about the  voters' ability                                                              
to  ascertain the  validity of  a  candidate's residence  address.                                                              
She opined  that there  have been a  lot of contested  residencies                                                              
over the years.   Representative Gardner further  opined that it's                                                              
fair  for voters  to be  able to  determine  where candidates  who                                                              
want to represent them live.                                                                                                    
                                                                                                                                
CHAIR  MUNOZ related  that  when  she became  a  candidate at  the                                                              
local  level  and  her  address  was made  public,  she  began  to                                                              
receive  visits from  an individual  who was  threatening to  her.                                                              
Therefore, she  said she could see  the benefit to not  making the                                                              
candidate's residence address public.                                                                                           
                                                                                                                                
9:06:04 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  AUSTERMAN inquired  as  to how  often a  candidate                                                              
requests that his/her residence address not be released.                                                                        
                                                                                                                                
MS.  FENUMIAI  recalled  that  last   year  one  candidate  wanted                                                              
his/her residence  address to remain confidential,  but ultimately                                                              
decided  to  release  his/her  address   by  the  time  the  voter                                                              
pamphlet was  to be  published.  She  stated that the  information                                                              
disclosed in the voter pamphlet is up to the candidate.                                                                         
                                                                                                                                
9:07:32 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE AUSTERMAN withdrew his objection.                                                                                
                                                                                                                                
9:07:40 AM                                                                                                                    
                                                                                                                                
CHAIR MUNOZ objected.                                                                                                           
                                                                                                                                
9:07:46 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE SADDLER  expressed concern that although  the title                                                              
of the  legislation  is broad enough  to include  this matter,  he                                                              
didn't believe the sponsor wanted to get into this matter.                                                                      
                                                                                                                                
9:08:09 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE GARDNER  related that she spoke with  the sponsor's                                                              
staff regarding  [the release of a candidate's  residence address]                                                              
and  although she  didn't  receive an  endorsement,  there was  no                                                              
objection.     She  noted  that   the  sponsor  has   known  about                                                              
[Amendment 4] for over a month.                                                                                                 
                                                                                                                                
9:08:25 AM                                                                                                                    
                                                                                                                                
MS. FENUMIAI, in  response to Representative Dick,  confirmed that                                                              
when  the   division  receives   a  challenge  of   a  candidate's                                                              
residence,   the  division   reviews  that   and  would   make  an                                                              
appropriate decision with regard to the candidate's eligibility.                                                                
                                                                                                                                
9:09:46 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  GARDNER  posed  a  scenario  in which  she,  as  a                                                              
candidate, could  own a residence  that she rented  with utilities                                                              
included.  She  could show the Division of Elections  her property                                                              
deed,  taxes,   and  utility  bills   while  she   actually  lived                                                              
elsewhere.   The  division wouldn't  know.   The  only people  who                                                              
would know  she isn't really living  at the residence  address she                                                              
provided  to   the  division   would  be   her  neighbors.     The                                                              
aforementioned   is  why  it's   important  for  residents   in  a                                                              
candidate's  district to  be able  to  ascertain such  information                                                              
for themselves.                                                                                                                 
                                                                                                                                
9:11:12 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE   AUSTERMAN   posed   a  situation   in   which   a                                                              
candidate's  original  declaration   kept  his  residence  address                                                              
confidential.   However,  as an  elected official  he must  file a                                                              
financial statement  with the  state.  He  asked if  his residence                                                              
address would remain confidential in those financial documents.                                                                 
                                                                                                                                
MS.   FENUMIAI   answered   that  the   confidentiality   of   the                                                              
candidate's  residence  address is  only  at the  division  level.                                                              
She  said she  couldn't  address  how  the Alaska  Public  Offices                                                              
Commission (APOC)  handles the request for confidentiality  of the                                                              
candidate's residence address [with financial disclosures].                                                                     
                                                                                                                                
REPRESENTATIVE  AUSTERMAN recalled  that  a candidate's  residence                                                              
address is required with the financial statement.                                                                               
                                                                                                                                
9:11:59 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE FOSTER  inquired as to the process  followed when a                                                              
candidate's  residency is  contested, but  the candidate  provides                                                              
proof such  as a  utility bill in  his/her name.   What  would the                                                              
division  do   if  the   individual  contesting  the   candidate's                                                              
residency  says  the  candidate   has  a  renter  in  the  address                                                              
provided as his/her residence address, he asked.                                                                                
                                                                                                                                
MS.   FENUMIAI  related   that   the  statute   reads:     "if   a                                                              
preponderance   of  evidence   supports  the   eligibility  of   a                                                              
candidate,  then the director  would issue  a final  determination                                                              
of the candidate's  eligibility".  In a hypothetical  situation in                                                              
which  individuals  alleged  that   the  residence  address  of  a                                                              
candidate  is being  rented to  someone else,  the division  might                                                              
ask the  candidate to  respond to that  allegation.   The division                                                              
would bring  the evidence it had  and consult with  the Department                                                              
of Law and make a decision.                                                                                                     
                                                                                                                                
9:13:41 AM                                                                                                                    
                                                                                                                                
CHAIR MUNOZ inquired  as to whether Ms. Fenumiai was  aware of the                                                              
history leading  to the  legislation that  allowed a candidate  to                                                              
have his/her residence address remain confidential.                                                                             
                                                                                                                                
MS. FENUMIAI  reiterated that  she has  been told the  legislation                                                              
was introduced  to address  victims of  domestic violence,  people                                                              
who have been the target of stalkers, and police officers.                                                                      
                                                                                                                                
9:14:39 AM                                                                                                                    
                                                                                                                                
CHAIR MUNOZ maintained her objection.                                                                                           
                                                                                                                                
9:14:49 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  AUSTERMAN opined  that the public  has a  right to                                                              
know a candidate's  residence address and it should  be verifiable                                                              
by the public.                                                                                                                  
                                                                                                                                
9:15:13 AM                                                                                                                    
                                                                                                                                
A roll  call vote  was taken.   Representatives Saddler,  Gardner,                                                              
Austerman,  Foster, and  Dick voted  in favor  of the adoption  of                                                              
Amendment 4.   Representative Munoz voted against  it.  Therefore,                                                              
Amendment 4 was adopted by a vote of 5-1.                                                                                       
                                                                                                                                
9:15:54 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  DICK inquired as  to the  provisions in  Version X                                                              
that address  changing the  time of the  primary.  He  pointed out                                                              
that  there are  fairs throughout  the state  at which  candidates                                                              
can make contact  with their constituents.  This  legislation will                                                              
move the primary  to a time prior to the fairs,  and therefore the                                                              
situation will be one in which the incumbent is favored.                                                                        
                                                                                                                                
REPRESENTATIVE GARDNER said that it wouldn't impact her.                                                                        
                                                                                                                                
REPRESENTATIVE  AUSTERMAN responded  that it  wouldn't impact  him                                                              
either.   In  fact,  moving  the  primary forward  actually  could                                                              
result  in better  timing for  the general  election, assuming  he                                                              
won the primary.                                                                                                                
                                                                                                                                
MS. ELLIOT  answered that Section  14 specifies the timing  of the                                                              
primary.                                                                                                                        
                                                                                                                                
9:19:37 AM                                                                                                                    
                                                                                                                                
CHAIR MUNOZ inquired as to the dates of local fairs.                                                                            
                                                                                                                                
REPRESENTATIVE  DICK replied  that although  they vary, the  fairs                                                              
tend to be  held August 15th through  the end of August.   He then                                                              
inquired as to the date of the primary under Version X.                                                                         
                                                                                                                                
MS.  FENUMIAI  answered  that  under the  proposed  law  the  2012                                                              
primary would  be August 14th versus  August 28th, which  would be                                                              
the date of the primary under existing law.                                                                                     
                                                                                                                                
CHAIR  MUNOZ asked  if  the  change in  the  date  of the  primary                                                              
impacts other deadlines,  which would need to be  addressed in the                                                              
legislation.                                                                                                                    
                                                                                                                                
MS. FENUMIAI  stated that  the dates  in the proposed  legislation                                                              
are  reflective of  the  change  of the  primary  election to  the                                                              
second Tuesday  in August.   The division  is able to  comply with                                                              
mailing ballots  to overseas  and military  voters 45  days before                                                              
the election.   Ms. Fenumiai pointed  out that moving  the primary                                                              
election up two  weeks helps with the post primary  problems, such                                                              
as certification,  recounts, appeals,  and election contests.   By                                                              
moving  the primary  election ahead  two weeks,  it places  things                                                              
very  close to the  45 days  prior to  the general  election.   In                                                              
further  response  to Chair  Munoz,  Ms. Fenumiai  confirmed  that                                                              
having the  primary on  the fourth Tuesday  impacts the  intent of                                                              
HB 178.                                                                                                                         
                                                                                                                                
9:22:00 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE DICK  remarked that there are pros and  cons to the                                                              
change in  the date of  the primary and  that his district  may be                                                              
the  only one  impacted.    Ultimately, Representative  Dick  said                                                              
that he likes [the legislation] as it is.                                                                                       
                                                                                                                                
9:22:38 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  SADDLER related his  appreciation for  the efforts                                                              
to  expand  the voting  franchise.    Although he  maintained  his                                                              
concerns   regarding  some   of   the  smaller   aspects  of   the                                                              
legislation  and the  time that  it takes  away from  recreational                                                              
activities, he  said he would  err on the  side of  helping people                                                              
to  vote  rather  than  hinder   their  voting.    In  conclusion,                                                              
Representative Saddler  characterized HB  178 as a good  bill that                                                              
he would support.                                                                                                               
                                                                                                                                
9:24:01 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE AUSTERMAN  inquired as to  the fiscal notes  for HB
178.                                                                                                                            
                                                                                                                                
MS.  ELLIOT answered  that the  legislation  has an  indeterminate                                                              
fiscal.                                                                                                                         
                                                                                                                                
9:24:14 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  FOSTER  moved  to  report CSHB  178,  Version  27-                                                              
LS0304\X,  Bullard, 3/18/11,  as  amended, out  of committee  with                                                              
individual  recommendations  and  the accompanying  fiscal  notes.                                                              
There being  no objection, CSHB  178(CRA) was reported out  of the                                                              
House Community and Regional Affairs Standing Committee.                                                                        
                                                                                                                                
9:24:45 AM                                                                                                                    
                                                                                                                                
ADJOURNMENT                                                                                                                   
                                                                                                                                
There being  no further business  before the committee,  the House                                                              
Community  and Regional  Affairs  Standing  Committee meeting  was                                                              
adjourned at 9:24 a.m.                                                                                                          

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