Legislature(2003 - 2004)

04/26/2004 08:17 AM House STA

Audio Topic
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
                    ALASKA STATE LEGISLATURE                                                                                  
             HOUSE STATE AFFAIRS STANDING COMMITTEE                                                                           
                         April 26, 2004                                                                                         
                           8:17 a.m.                                                                                            
                                                                                                                                
MEMBERS PRESENT                                                                                                               
                                                                                                                                
Representative Bruce Weyhrauch, Chair                                                                                           
Representative Jim Holm, Vice Chair                                                                                             
Representative Bob Lynn                                                                                                         
Representative Paul Seaton                                                                                                      
Representative Ethan Berkowitz                                                                                                  
Representative Max Gruenberg                                                                                                    
                                                                                                                                
MEMBERS ABSENT                                                                                                                
                                                                                                                                
Representative John Coghill                                                                                                     
                                                                                                                                
COMMITTEE CALENDAR                                                                                                            
                                                                                                                                
HOUSE BILL NO. 523                                                                                                              
"An   Act   relating   to   qualifications   of   voters,   voter                                                               
registration,  voter residence,  precinct boundary  modification,                                                               
recognized political parties,  voters unaffiliated with political                                                               
parties, early  voting, absentee voting, ballot  counting, voting                                                               
by  mail, initiative,  referendum, recall,  and definitions;  and                                                               
providing for an effective date."                                                                                               
                                                                                                                                
     - HEARD AND HELD                                                                                                           
                                                                                                                                
CS FOR SENATE BILL NO. 351(FIN)                                                                                                 
"An Act requiring the Alaska  Public Offices Commission to accept                                                               
documents by  nonelectronic means,  and specifying the  manner of                                                               
preparing the forms that are provided by the commission."                                                                       
                                                                                                                                
     - MOVED HCS CSSB 351(STA) OUT OF COMMITTEE                                                                                 
                                                                                                                                
HOUSE BILL NO. 327                                                                                                              
"An Act  relating to the powers  and duties of the  Department of                                                               
Transportation   and   Public   Facilities;   and   repealing   a                                                               
requirement that  public facilities comply with  energy standards                                                               
adopted   by  the   Department  of   Transportation  and   Public                                                               
Facilities."                                                                                                                    
                                                                                                                                
     - HEARD AND HELD                                                                                                           
                                                                                                                                
SENATE BILL NO. 375                                                                                                             
"An  Act relating  to  consideration by  the  legislature of  the                                                               
executive budget  and other  bills affecting  appropriations; and                                                               
providing for an effective date."                                                                                               
                                                                                                                                
     - SCHEDULED BUT NOT HEARD                                                                                                  
                                                                                                                                
SENATE BILL NO. 379                                                                                                             
"An Act  providing that public  members of the Board  of Trustees                                                               
of the Alaska Permanent Fund  Corporation may be removed only for                                                               
cause; and providing for an effective date."                                                                                    
                                                                                                                                
     - SCHEDULED BUT NOT HEARD                                                                                                  
                                                                                                                                
SENATE BILL NO. 392                                                                                                             
"An Act  relating to the  expenses of investigation,  hearing, or                                                               
public advocacy  before the Regulatory  Commission of  Alaska, to                                                               
calculation of  the regulatory cost  charge for  public utilities                                                               
and pipeline  carriers to include  the Department of  Law's costs                                                               
of its public  advocacy function, to inspection  of certain books                                                               
and  records by  the  attorney general  when  participating as  a                                                               
party in  a matter  before the  Regulatory Commission  of Alaska;                                                               
and providing for an effective date."                                                                                           
                                                                                                                                
     - SCHEDULED BUT NOT HEARD                                                                                                  
                                                                                                                                
HOUSE BILL NO. 557                                                                                                              
"An Act regarding lobbyist prohibitions."                                                                                       
                                                                                                                                
     - BILL HEARING POSTPONED to 4/30                                                                                           
                                                                                                                                
PREVIOUS COMMITTEE ACTION                                                                                                     
                                                                                                                                
BILL: HB 523                                                                                                                  
SHORT TITLE:VOTERS/VOTING/POLITICAL PARTIES/ELECTIONS                                                                           
SPONSOR(S): RLS BY REQUEST OF THE GOVERNOR                                                                                      
                                                                                                                                
Jrn-Date   Jrn-Page                     Action                                                                                  
02/26/04     2748       (H)        READ THE FIRST TIME -                                                                        
                                   REFERRALS                                                                                    
02/26/04     2748       (H)        STA, JUD, FIN                                                                                
02/26/04     2748       (H)        FN1: ZERO(LAW)                                                                               
02/26/04     2748       (H)        FN2: (GOV)                                                                                   
02/26/04     2748       (H)        GOVERNOR'S TRANSMITTAL LETTER                                                                
04/08/04                (H)        STA AT 8:00 AM CAPITOL 102                                                                   
04/08/04                (H)        Heard & Held                                                                                 
                                   MINUTE(STA)                                                                                  
04/13/04                (H)        STA AT 8:00 AM CAPITOL 102                                                                   
04/13/04                (H)        Heard & Held                                                                                 
                                   MINUTE(STA)                                                                                  
04/21/04                (H)        STA AT 8:00 AM CAPITOL 102                                                                   
04/21/04                (H)        Heard & Held                                                                                 
                                   MINUTE(STA)                                                                                  
04/22/04                (H)        STA AT 8:00 AM CAPITOL 102                                                                   
04/22/04                (H)        Heard & Held                                                                                 
                                   MINUTE(STA)                                                                                  
04/26/04                (H)        STA AT 8:00 AM CAPITOL 102                                                                   
                                                                                                                                
BILL: SB 351                                                                                                                  
SHORT TITLE: APOC REPORTS: FORMS & ELECTRONIC FILING                                                                            
SPONSOR(S): FINANCE                                                                                                             
                                                                                                                                
02/18/04       (S)       READ THE FIRST TIME - REFERRALS                                                                        
02/18/04       (S)       STA, FIN                                                                                               
03/04/04       (S)       STA AT 3:30 PM BELTZ 211                                                                               
03/04/04       (S)       Scheduled But Not Heard                                                                                
03/09/04       (S)       STA AT 3:30 PM BELTZ 211                                                                               
03/09/04       (S)       Moved SB 351 Out of Committee                                                                          
03/09/04       (S)       MINUTE(STA)                                                                                            
03/10/04       (S)       STA RPT 1DP 2NR                                                                                        
03/10/04       (S)       NR: STEVENS G, STEDMAN; DP: COWDERY                                                                    
04/05/04       (S)       FIN AT 9:00 AM SENATE FINANCE 532                                                                      
04/05/04       (S)       RESTITUTION                                                                                            
04/06/04       (S)       FIN AT 9:00 AM SENATE FINANCE 532                                                                      
04/06/04       (S)       Scheduled But Not Heard                                                                                
04/06/04       (S)       FIN AT 4:15 PM SENATE FINANCE 532                                                                      
04/06/04       (S)       Moved CSSB 351(fin) Out of Committee                                                                   
04/06/04       (S)       MINUTE(FIN)                                                                                            
04/07/04       (S)       FIN RPT CS 3DP 4NR           NEW TITLE                                                                 
04/07/04       (S)       DP: GREEN, WILKEN, STEVENS B;                                                                          
04/07/04       (S)       NR: DYSON, BUNDE, HOFFMAN, OLSON                                                                       
04/16/04       (S)       TRANSMITTED TO (H)                                                                                     
04/16/04       (S)       VERSION: CSSB 351(FIN)                                                                                 
04/19/04       (H)       READ THE FIRST TIME - REFERRALS                                                                        
04/19/04       (H)       STA, FIN                                                                                               
04/26/04       (H)       STA AT 8:00 AM CAPITOL 102                                                                             
                                                                                                                                
BILL: HB 327                                                                                                                  
SHORT TITLE: POWERS/DUTIES DOTPF                                                                                                
SPONSOR(S): REPRESENTATIVE(S) HOLM                                                                                              
                                                                                                                                
05/16/03       (H)       READ THE FIRST TIME - REFERRALS                                                                        
05/16/03       (H)       TRA, STA                                                                                               
02/19/04       (H)       TRA AT 1:30 PM CAPITOL 17                                                                              
02/19/04       (H)       Heard & Held                                                                                           
02/19/04       (H)       MINUTE(TRA)                                                                                            
02/26/04       (H)       TRA AT 1:30 PM CAPITOL 17                                                                              
02/26/04       (H)       Moved CSHB 327(TRA) Out of Committee                                                                   
02/26/04       (H)       MINUTE(TRA)                                                                                            
03/01/04       (H)       TRA RPT CS(TRA) NT 4DP                                                                                 
03/01/04       (H)       DP: MASEK, OGG, STEPOVICH, HOLM                                                                        
03/16/04       (H)       STA AT 8:00 AM CAPITOL 102                                                                             
03/16/04       (H)       Heard & Held                                                                                           
03/16/04       (H)       MINUTE(STA)                                                                                            
03/26/04       (H)       STA AT 8:00 AM CAPITOL 102                                                                             
03/26/04       (H)       Heard & Held                                                                                           
03/26/04       (H)       MINUTE(STA)                                                                                            
04/26/04       (H)       STA AT 8:00 AM CAPITOL 102                                                                             
                                                                                                                                
WITNESS REGISTER                                                                                                              
                                                                                                                                
JOE SONNEMAN                                                                                                                    
Juneau, Alaska                                                                                                                  
POSITION STATEMENT:  Testified on HB 523.                                                                                       
                                                                                                                                
LAURA GLAISER, Director                                                                                                         
Division of Elections                                                                                                           
Office of the Lieutenant Governor                                                                                               
Juneau, Alaska                                                                                                                  
POSITION STATEMENT:  Answered questions regarding HB 523,                                                                       
Version W.                                                                                                                      
                                                                                                                                
KIMBERLY CARNOT, Staff                                                                                                          
to Senator Lyda Green                                                                                                           
Alaska State Legislature                                                                                                        
Juneau, Alaska                                                                                                                  
POSITION STATEMENT:  Presented SB 351 on behalf of Senator                                                                      
Green, sponsor.                                                                                                                 
                                                                                                                                
BROOKE MILES, Executive Director                                                                                                
Alaska Public Offices Commission (APOC)                                                                                         
Department of Administration                                                                                                    
Juneau, Alaska                                                                                                                  
POSITION STATEMENT:  Testified in opposition to SB 351.                                                                         
                                                                                                                                
TAMMY KEMPTON, Regulation of Lobbying                                                                                           
Alaska Public Offices Commission (APOC)                                                                                         
Department of Administration                                                                                                    
Juneau, Alaska                                                                                                                  
POSITION STATEMENT:  Testified on SB 351.                                                                                       
                                                                                                                                
SENATOR LYDA GREEN                                                                                                              
Alaska State Legislature                                                                                                        
Juneau, Alaska                                                                                                                  
POSITION STATEMENT:  Testified as sponsor of SB 351.                                                                            
                                                                                                                                
TODD LARKIN, Staff                                                                                                              
to Representative Jim Holm                                                                                                      
Alaska State Legislature                                                                                                        
Juneau, Alaska                                                                                                                  
POSITION  STATEMENT:     Testified  on   HB  327  on   behalf  of                                                               
Representative Holm, sponsor.                                                                                                   
                                                                                                                                
JEFF OTTESEN, Director                                                                                                          
Division of Program Development                                                                                                 
Department of Transportation & Public Facilities (DOT&PF)                                                                       
Juneau, Alaska                                                                                                                  
POSITION STATEMENT:  Testified on HB 327.                                                                                       
                                                                                                                                
ACTION NARRATIVE                                                                                                              
                                                                                                                                
TAPE 04-69, SIDE A                                                                                                            
Number 0001                                                                                                                     
                                                                                                                                
CHAIR  BRUCE WEYHRAUCH  called the  House State  Affairs Standing                                                             
Committee meeting to order at  8:17 a.m.  Representatives Seaton,                                                               
Lynn,  Berkowitz, Gruenberg,  and Weyhrauch  were present  at the                                                               
call to  order.  Representative  Holm arrived as the  meeting was                                                               
in progress.                                                                                                                    
                                                                                                                                
HB 523-VOTERS/VOTING/POLITICAL PARTIES/ELECTIONS                                                                              
Number 0049                                                                                                                     
                                                                                                                                
CHAIR WEYHRAUCH  announced that the  first order of  business was                                                               
HOUSE  BILL  NO.  523,  "An Act  relating  to  qualifications  of                                                               
voters,  voter registration,  voter residence,  precinct boundary                                                               
modification, recognized  political parties,  voters unaffiliated                                                               
with  political parties,  early voting,  absentee voting,  ballot                                                               
counting,  voting by  mail, initiative,  referendum, recall,  and                                                               
definitions; and providing for an effective date."                                                                              
                                                                                                                                
Number 0096                                                                                                                     
                                                                                                                                
REPRESENTATIVE GRUENBERG  moved to  adopt the  proposed committee                                                               
substitute (CS) for HB 523,  Version 23-GH2021\W, Kurtz, 4/22/04,                                                               
as work  draft.   No objection was  stated; therefore,  Version W                                                               
was before the committee.                                                                                                       
                                                                                                                                
REPRESENTATIVE  GRUENBERG   stated  that   he  would   offer  two                                                               
alternative amendments  regarding a  rolling ballot,  labeled W.7                                                               
and W.8 [moved as Amendment 1].   The former [proposes] a rolling                                                               
ballot precinct by  precinct and the latter  [proposes] a rolling                                                               
ballot that will roll each  individual ballot.  He explained that                                                               
rolling each individual ballot means  that each person in line to                                                               
vote  would  get  a  different order  of  candidates  on  his/her                                                               
ballot.                                                                                                                         
                                                                                                                                
Number 0215                                                                                                                     
                                                                                                                                
REPRESENTATIVE GRUENBERG  moved to  adopt [Amendment  1], labeled                                                               
23-GH2021\W.8, Kurtz, 4/24/04, which read as follows:                                                                           
                                                                                                                                
     Page 1, line 5, following "absentee voting,":                                                                            
          Insert "ballot design,"                                                                                             
                                                                                                                                
     Page 4, following line 29:                                                                                                 
     Insert a new bill section to read:                                                                                         
        "*  Sec.   5.    AS 15.15.030(6)  is   repealed  and                                                                
     reenacted to read:                                                                                                         
               (6)  For each contested office, the division                                                                     
     shall  rotate  the  order in  which  candidates'  names                                                                    
     appear on the  ballot to ensure, as  much as reasonably                                                                    
     possible,  that each  candidate's name  appears at  the                                                                    
     top  of  the list  an  equal  number  of times  on  the                                                                    
     ballots that are distributed."                                                                                             
                                                                                                                                
     Renumber the following bill sections accordingly.                                                                          
                                                                                                                                
     Page 6, following line 5:                                                                                                  
          Insert a new bill section to read:                                                                                    
        "* Sec.  10.   AS 15.15.040 is  amended by  adding a                                                                
     new subsection to read:                                                                                                    
          (d)  Every sample ballot containing the names of                                                                      
     candidates must  also include the  following statement:                                                                    
     "Candidates' names  may appear in a  different order on                                                                    
     the actual ballot.""                                                                                                       
                                                                                                                                
     Renumber the following bill sections accordingly.                                                                          
                                                                                                                                
     Page 22, line 3:                                                                                                           
          Delete "secs. 21 - 43"                                                                                                
          Insert "secs. 23 - 45"                                                                                                
                                                                                                                                
     Page 22, line 6:                                                                                                           
          Delete "sec. 8"                                                                                                       
          Insert "sec. 9"                                                                                                       
                                                                                                                                
Number 0239                                                                                                                     
                                                                                                                                
CHAIR WEYHRAUCH objected.                                                                                                       
                                                                                                                                
REPRESENTATIVE GRUENBERG said he would consider W.7 as a                                                                        
friendly amendment.  He stated, "I'm just doing the one versus                                                                  
the other."                                                                                                                     
                                                                                                                                
CHAIR WEYHRAUCH asked, "So, you're saying W.7 would be a                                                                        
friendly amendment to W.8?"                                                                                                     
                                                                                                                                
REPRESENTATIVE GRUENBERG answered yes.  [W.7 read as follows:]                                                                  
                                                                                                                                
     Page 1, line 5, following "absentee voting,":                                                                            
          Insert "ballot design,"                                                                                             
                                                                                                                                
     Page 4, following line 29:                                                                                                 
     Insert a new bill section to read:                                                                                         
        "*  Sec.   5.    AS 15.15.030(6)  is   repealed  and                                                                
     reenacted to read:                                                                                                         
               (6)  The order in which candidates for each                                                                      
     office are placed on the  general election ballot shall                                                                    
     be randomly  determined by the director  for the lowest                                                                    
     numbered  precinct  in  the  house  district  in  which                                                                    
     candidates are  running.  The order  of placement shall                                                                    
     be  rotated for  each  successively numbered  precinct.                                                                    
     Absentee  ballots  in  each  house  district  shall  be                                                                    
     printed as though they were  for an additional precinct                                                                    
     in  the  house  district  and that  precinct  were  the                                                                    
     highest numbered precinct in the house district."                                                                          
                                                                                                                                
     Renumber the following bill sections accordingly.                                                                          
                                                                                                                                
     Page 6, following line 5:                                                                                                  
          Insert a new bill section to read:                                                                                    
        "* Sec.  10.   AS 15.15.040 is  amended by  adding a                                                                
     new subsection to read:                                                                                                    
          (d)  Every sample ballot containing the names of                                                                      
     candidates must  also include the  following statement:                                                                    
     "Candidates' names  may appear in a  different order on                                                                    
     the actual ballot.""                                                                                                       
                                                                                                                                
     Renumber the following bill sections accordingly.                                                                          
                                                                                                                                
     Page 22, line 3:                                                                                                           
          Delete "secs. 21 - 43"                                                                                                
          Insert "secs. 23 - 45"                                                                                                
                                                                                                                                
     Page 22, line 6:                                                                                                           
          Delete "sec. 8"                                                                                                       
          Insert "sec. 9"                                                                                                       
                                                                                                                                
Number 0300                                                                                                                     
                                                                                                                                
JOE SONNEMAN  reminded the committee  that he had testified  at a                                                               
previous hearing  on HB 523  regarding ballot rotation,  which he                                                               
noted is  also known  as the  rolling ballot.   He said  it's the                                                               
traditional method that  was used in Alaska  for approximately 70                                                               
years.   He  said he  had felt  strongly enough  about continuing                                                               
that method of "breaking up  the rotation, essentially by voter,"                                                               
that  he took  the  issue to  court.   He  said  the Division  of                                                               
Elections  argued that  that method  may confuse  voters, because                                                               
the sample ballot and the actual  ballot may differ.  He reported                                                               
that  the  supreme court  minority  wrote  that a  simple,  clear                                                               
disclaimer  would cure  any  confusion, and  he  noted that  both                                                               
Amendment 1 and W.7 have such a clear disclaimer.                                                                               
                                                                                                                                
MR.  SONNEMAN  said  the supreme  court  noted  another  possible                                                               
source  of confusion.   He  explained that  the division,  at the                                                               
time of the  court case, only had a drawing  for the first letter                                                               
of a candidate's last name.  One  way to fix that, he said, is to                                                               
have  a rolling  ballot where  each candidate  is in  a different                                                               
position and  each voter gets  a different ballot.   Mr. Sonneman                                                               
suggested the  committee have a  letter of intent to  express the                                                               
intent that  any positional bias  that does exist  be distributed                                                               
equally.                                                                                                                        
                                                                                                                                
MR. SONNEMAN offered his belief  that Representative Lynn had [in                                                               
a  prior  hearing  of  HB 523]  expressed  hesitation  about  the                                                               
precinct method.   Mr. Sonneman  offered an example  showing that                                                               
that  method  is still  a  lottery  system.   He  emphasized  his                                                               
preference for  the ballot  rotation system.   He said  he thinks                                                               
Representative Coghill  had expressed concern that  things not be                                                               
changed too much.   He proffered that if  consistency is desired,                                                               
the rotating  ballot that was  in effect  for 70 years  should be                                                               
used.                                                                                                                           
                                                                                                                                
Number 0679                                                                                                                     
                                                                                                                                
REPRESENTATIVE  SEATON   asked  if  the  Division   of  Elections                                                               
foresees any hurdles in implementing a full rotational ballot.                                                                  
                                                                                                                                
Number 0694                                                                                                                     
                                                                                                                                
LAURA  GLAISER, Director,  Division of  Elections, Office  of the                                                               
Lieutenant Governor, stated for the  record, "If the question is,                                                               
'Can  we implement  it?,' the  answer's yes."   She  reminded the                                                               
committee  that implementing  this  plan is  not about  improving                                                               
voters' access, but about a  candidate's placement on the ballot.                                                               
In  response  to  a  question  from  Representative  Seaton,  she                                                               
confirmed that the  rotation would be built into  the ballots for                                                               
any house  district, and "that  amount of ballots would  be given                                                               
to  each absentee  voting station."   In  response to  a question                                                               
from  Representative Lynn,  she confirmed  that the  alphabet has                                                               
already been drawn  [for the upcoming 2004  election ballots] and                                                               
is posted on the division's website.                                                                                            
                                                                                                                                
Number 0842                                                                                                                     
                                                                                                                                
REPRESENTATIVE LYNN  observed that  his name is  currently placed                                                               
before any  of his  opponents' names; therefore,  it would  be to                                                               
his benefit  to "keep it the  way it is."   Notwithstanding that,                                                               
he  indicated  that  he  was  shocked  to  hear  about  the  "2.5                                                               
percent," which,  in a close  election could mean "one  fellow as                                                               
compared to  the other fellow, which  has nothing to do  with the                                                               
qualifications or issues."                                                                                                      
                                                                                                                                
Number 0873                                                                                                                     
                                                                                                                                
CHAIR  WEYHRAUCH  stated  his understanding  that  Representative                                                               
Gruenberg wanted to discuss "W.8 in the context of W.7."                                                                        
                                                                                                                                
REPRESENTATIVE  GRUENBERG  announced  that he  would  only  offer                                                               
Amendment 1, W.8, without W.7 as a friendly amendment.                                                                          
                                                                                                                                
CHAIR WEYHRAUCH,  in response to  a question  from Representative                                                               
Lynn, clarified  that the  amendment called  W.8 is  Amendment 1,                                                               
and it is  the amendment that [proposes]  rolling the candidates'                                                               
names.                                                                                                                          
                                                                                                                                
Number 0924                                                                                                                     
                                                                                                                                
A  roll  call vote  was  taken.   Representatives  Seaton,  Lynn,                                                               
Berkowitz,  and   Gruenberg  voted  in  favor   of  Amendment  1.                                                               
Representative Weyhrauch voted against  it.  Therefore, Amendment                                                               
1 was adopted by a vote of 4-1.                                                                                                 
                                                                                                                                
Number 0973                                                                                                                     
                                                                                                                                
REPRESENTATIVE GRUENBERG moved to adopt Amendment 2, labeled 23-                                                                
GH2021\W.5, Kurtz, 4/24/04, which read as follows [with one                                                                     
handwritten change]:                                                                                                            
                                                                                                                                
     Page 4, line 1, following "confidential.":                                                                               
          Insert "(a)"                                                                                                          
                                                                                                                                
     Page 4, line 3, following "voter's":                                                                                       
          Insert "age or"                                                                                                       
                                                                                                                                
     Page 4, following line 9:                                                                                                  
          Insert new subsections to read:                                                                                       
          "(b)  In addition to the information in (a) of                                                                        
     this section, the  name and address of a  voter who has                                                                    
     been  the   victim  of   domestic  violence   shall  be                                                                    
     confidential and  not open to public  inspection if the                                                                    
     voter  requests in  writing that  the voter's  name and                                                                    
     address not be released.                                                                                                   
          (c)  Notwithstanding other provisions, and in                                                                         
     compliance   with   federal   law,   information   made                                                                    
     confidential  by this  section may  be released  by the                                                                    
     division                                                                                                                   
               (1)  to a local, state, or federal                                                                               
     government  agency,  including  to  the  child  support                                                                    
     enforcement  agency  created  in  AS 25.27.010  or  the                                                                    
     child support enforcement agency  of another state; the                                                                    
     agency receiving  information under this  paragraph may                                                                    
     use  the  information  only for  governmental  purposes                                                                    
     authorized under law;                                                                                                      
               (2)  in compliance with a court order;                                                                           
               (3)  to a person holding a writ of execution                                                                     
     against the person or property of the voter; or                                                                            
               (4)  if the voter about whom information has                                                                     
     been  requested has  provided  written  consent to  the                                                                    
     release."                                                                                                                  
                                                                                                                                
CHAIR WEYHRAUCH objected.                                                                                                       
                                                                                                                                
REPRESENTATIVE GRUENBERG  brought attention  to [paragraph  4] of                                                               
Amendment  2,   which,  before   the  handwritten   changes,  had                                                               
originally read:   "(4) if  the voter who  is the subject  of the                                                               
information has provided written consent to the release."                                                                       
                                                                                                                                
REPRESENTATIVE LYNN asked if [Amendment 2] relates to telephone                                                                 
numbers, an issue which he indicated had been brought up at a                                                                   
previous hearing on HB 523.                                                                                                     
                                                                                                                                
REPRESENTATIVE GRUENBERG directed attention  to page 4, [lines 1-                                                               
2],  which read:   "The  following information  set out  in state                                                               
voter registration  records is  confidential and  is not  open to                                                               
public inspection:".  He noted  that the voter's telephone number                                                               
is included  in the ensuing  list.   He explained, "And  the only                                                               
way it could be  opened under here would be if  it comes in under                                                               
subsection (c) [in Amendment 2]."                                                                                               
                                                                                                                                
REPRESENTATIVE  LYNN indicated  that he  wants to  protect anyone                                                               
who's  been  the subject  of  abuse  [from having  his/her  phone                                                               
number listed].   He explained  that he would like  candidates to                                                               
be  able to  use [the  division's] records  to contact  potential                                                               
voters,  so that  the  issues  can be  discussed  by  phone.   He                                                               
emphasized that, just  like with the phone book,  a person should                                                               
be able to  provide his/her name to the Division  of Elections or                                                               
choose to keep that information private.                                                                                        
                                                                                                                                
REPRESENTATIVE GRUENBERG  responded that  it's an issue  that has                                                               
not been addressed thus far in  Amendment 2.  He pointed out once                                                               
more that the  phone number is made confidential on  page 4, line                                                               
6.    He said  the  issues  Representative Lynn  discussed  would                                                               
require  an amendment.   He  asked if  it could  be an  amendment                                                               
separate from Amendment  2, which he offered to  bring before the                                                               
House Judiciary Standing Committee.                                                                                             
                                                                                                                                
REPRESENTATIVE   LYNN   agreed   to  work   with   Representative                                                               
Gruenberg.                                                                                                                      
                                                                                                                                
CHAIR WEYHRAUCH suggested Representative  Lynn make the amendment                                                               
to Amendment 2 now.                                                                                                             
                                                                                                                                
Number 1200                                                                                                                     
                                                                                                                                
REPRESENTATIVE  LYNN moved  to adopt  a  conceptual amendment  to                                                               
Amendment  2,  on page  4,  line  6,  to make  voters'  telephone                                                               
numbers available  to candidates  and voters, with  the exception                                                               
of instances  in which there  has been specific requests  for the                                                               
number not to be available.                                                                                                     
                                                                                                                                
CHAIR WEYHRAUCH objected  for discussion purposes.   He asked Ms.                                                               
Glaiser how she would administer that.                                                                                          
                                                                                                                                
Number 1245                                                                                                                     
                                                                                                                                
MS.  GLAISER replied  that  the  new voter  system  that will  be                                                               
purchased by the  division has a screen that  prevents access "to                                                               
those voters."   Currently,  she said, the  division has  to code                                                               
the  database, which  she said  protects that  information.   She                                                               
said, "We  don't have a  great deal of  requests, but we  do have                                                               
several, and those people are hidden in a voter list."                                                                          
                                                                                                                                
CHAIR WEYHRAUCH asked, "Is this amendment necessary?"                                                                           
                                                                                                                                
MS. GLAISER  answered yes.  She  said it would give  the division                                                               
the legal platform to "do what  we've done."  She said, "If we're                                                               
going to build  this confidentiality clause in -  which we didn't                                                               
ever have before - then we  need a place where [state government]                                                               
can  access  it  if  they  need  it  for  court  records  or  law                                                               
enforcement, or for any other reason."   She added, "Now, I don't                                                               
know  whether you're  talking about  the conceptual  part of  the                                                               
amendment yet."                                                                                                                 
                                                                                                                                
CHAIR  WEYHRAUCH said  the conceptual  amendment is  just "making                                                               
the telephone available."                                                                                                       
                                                                                                                                
Number 1311                                                                                                                     
                                                                                                                                
MS.  GLAISER,  in  response   to  questions  from  Representative                                                               
Seaton,  confirmed that  currently a  candidate has  access to  a                                                               
voter's past voting history, name,  and address, but the division                                                               
does  not reveal  the  voter's place  of  birth, social  security                                                               
number, or  driver's license number,  for example.   She revealed                                                               
that she knows  of one private company named,  Motznik (ph), that                                                               
blends  many  public  documents together,  compiling  information                                                               
from  hunting and  fishing records,  for example.   That  company                                                               
makes  a  list  that  has  more data  on  it  than  the  division                                                               
provides, she  said.   In response to  a follow-up  question from                                                               
Representative Seaton,  she said it's her  understanding that the                                                               
only change effected  by the conceptual amendment  to Amendment 2                                                               
would be  to release  the telephone number  with the  address and                                                               
voting history.                                                                                                                 
                                                                                                                                
Number 1386                                                                                                                     
                                                                                                                                
REPRESENTATIVE BERKOWITZ indicated that  this issue was addressed                                                               
regarding a permanent  fund matter last week.  He  said he sees a                                                               
situation materializing  in which  "we serially  address releases                                                               
of [domestic  violence] victim information, depending  on what it                                                               
is."  He stated that there  ought to be some blanket provision in                                                               
state  law  that  precludes release  [of  that  information]  and                                                               
protects confidentiality  rather than [addressing the  issue on a                                                               
bill-by-bill basis].                                                                                                            
                                                                                                                                
Number 1421                                                                                                                     
                                                                                                                                
REPRESENTATIVE  GRUENBERG   requested  that  the  issue   not  be                                                               
addressed in a  conceptual amendment right now, but  rather be it                                                               
worked on at a later point.                                                                                                     
                                                                                                                                
CHAIR WEYHRAUCH  reminded the committee  that a motion is  on the                                                               
floor to adopt the conceptual amendment to Amendment 2.                                                                         
                                                                                                                                
REPRESENTATIVE GRUENBERG  stated, "The  reason it's not  a simple                                                               
amendment is  people have to  opt in and opt  out of it  and will                                                               
have to look at how they  did that on the telemarketing bill, ...                                                               
and that took a lot of crafting."                                                                                               
                                                                                                                                
Number 1463                                                                                                                     
                                                                                                                                
MS. GLAISER, in response to  a question from Representative Lynn,                                                               
explained  that   [asking  for]   phone  numbers  on   the  voter                                                               
registration began  a long  time ago.   She  indicated that  on a                                                               
voter application a  person can check that he/she wants  to be an                                                               
election worker, and supplying a  phone number helps the division                                                               
contact that registered voter.                                                                                                  
                                                                                                                                
Number 1515                                                                                                                     
                                                                                                                                
REPRESENTATIVE SEATON  objected to  the conceptual  amendment [to                                                               
Amendment 2].   He  indicated his disagree  with "putting  out to                                                               
the general public everybody's telephone numbers."                                                                              
                                                                                                                                
REPRESENTATIVE LYNN said he is  willing to vote on the conceptual                                                               
amendment to Amendment  2 now, or address the issue  later in the                                                               
next committee of referral.                                                                                                     
                                                                                                                                
The committee took an at-ease from 8:45 a.m. to 9:08 a.m.                                                                       
                                                                                                                                
REPRESENTATIVE   LYNN   advocated   for   more   information   to                                                               
candidates.   He  said nothing  takes  the place  of a  candidate                                                               
going door to door.   He said that only second  to that is having                                                               
a  telephone contact  in order  to discuss  issues.   He said  he                                                               
wants  to  assist  that,  but   would  work  with  Representative                                                               
Gruenberg on the issue.                                                                                                         
                                                                                                                                
Number 1654                                                                                                                     
                                                                                                                                
REPRESENTATIVE   LYNN  withdrew   the  conceptual   amendment  to                                                               
Amendment 2.                                                                                                                    
                                                                                                                                
Number 1695                                                                                                                     
                                                                                                                                
CHAIR  WEYHRAUCH  drew attention  to  the  handwritten change  on                                                               
Amendment  2  [text  provided   previously]  and  suggested  that                                                               
Amendment 2 be made a  conceptual amendment so that "the drafters                                                               
can  take  the  language  and  put it  [in]  whatever  form  that                                                               
comports with that handwritten note."                                                                                           
                                                                                                                                
CHAIR WEYHRAUCH removed his objection  to Conceptual Amendment 2.                                                               
He  clarified that  he is  now  calling the  entire Amendment  2,                                                               
Conceptual Amendment 2.                                                                                                         
                                                                                                                                
REPRESENTATIVE GRUENBERG concurred.                                                                                             
                                                                                                                                
Number 1726                                                                                                                     
                                                                                                                                
CHAIR  WEYHRAUCH asked  if  there was  any  further objection  to                                                               
Conceptual Amendment  2.  There being  none, Conceptual Amendment                                                               
2 was adopted.                                                                                                                  
                                                                                                                                
Number 1746                                                                                                                     
                                                                                                                                
REPRESENTATIVE GRUENBERG  [moved to  adopt] Amendment  3, labeled                                                               
23-GH2021\U.2, Kurtz, 4/20/04, which read as follows:                                                                           
                                                                                                                                
     Page 4, lines 18 - 23:                                                                                                     
          Delete all material and insert:                                                                                       
               "(A)  by publication three times in a                                                                            
     newspaper of general circulation in the precinct; or                                                                       
     (B)     if  there  is   not  a  newspaper   of  general                                                                    
     circulation in the precinct,  by posting written notice                                                                    
     in three  conspicuous places as  close to  the precinct                                                                    
     as possible; at  least one posting location  must be in                                                                    
     the precinct;"                                                                                                             
                                                                                                                                
CHAIR WEYHRAUCH objected [for discussion purposes].                                                                             
                                                                                                                                
REPRESENTATIVE GRUENBERG moved to  adopt Amendment 1 to Amendment                                                               
3 as follows:                                                                                                                   
                                                                                                                                
     In subparagraph (A)                                                                                                        
     Between "a" and "newspaper"                                                                                                
     Insert "local"                                                                                                             
                                                                                                                                
     In subparagraph (B)                                                                                                        
     Between "a" and "newspaper"                                                                                                
     Insert "local"                                                                                                             
                                                                                                                                
Number 1820                                                                                                                     
                                                                                                                                
MS. GLAISER said [Amendment 1 to Amendment 3] would be helpful                                                                  
to the division and would get notices in the papers where the                                                                   
most voters will be able to read about them.                                                                                    
                                                                                                                                
CHAIR WEYHRAUCH withdrew his objection and announced that                                                                       
Amendment 1 to Amendment 3 was adopted.                                                                                         
                                                                                                                                
REPRESENTATIVE GRUENBERG noted that a memorandum is attached to                                                                 
Amendment 3.                                                                                                                    
                                                                                                                                
Number 1872                                                                                                                     
                                                                                                                                
CHAIR WEYHRAUCH removed his objection to Amendment 3, as                                                                        
amended.  He asked if there was further objection.  There being                                                                 
none, Amendment 3, as amended, was adopted.                                                                                     
                                                                                                                                
Number 1885                                                                                                                     
                                                                                                                                
REPRESENTATIVE GRUENBERG moved to adopt Amendment 4, labeled 23-                                                                
GH2021\W.6, Kurtz, 4/24/04, which read as follows:                                                                              
                                                                                                                                
     Page 11, line 30, through page 12, line 18:                                                                                
          Delete all material and insert:                                                                                       
        "* Sec. 26.   AS 15.45.130 is repealed and reenacted                                                                
     to read:                                                                                                                   
          Sec. 15.45.130.  Certification of circulator.                                                                       
     Before being  filed, each  petition shall  be certified                                                                    
     by   an  affidavit   by  the   person  who   personally                                                                    
     circulated   the   petition.     In   determining   the                                                                    
     sufficiency  of the  petition, the  lieutenant governor                                                                    
     may not  count subscriptions on petitions  not properly                                                                    
     certified  at the  time of  filing or  corrected before                                                                    
     the  subscriptions are  counted.    The affidavit  must                                                                    
     state in substance that                                                                                                    
               (1)  the circulator signing the affidavit                                                                        
     meets    the    residency,   age,    and    citizenship                                                                    
     qualifications   for  circulating   a  petition   under                                                                    
     AS 15.45.105;                                                                                                              
               (2)  the person is the only circulator of                                                                        
     that petition;                                                                                                             
               (3)  the signatures were made in the                                                                             
     circulator's actual presence;                                                                                              
               (4)  to the best of the circulator's                                                                             
     knowledge,  the signatures  are  those  of the  persons                                                                    
     whose names they purport to be;                                                                                            
               (5)   the signatures are of  persons who were                                                                    
     qualified voters on the date of signature;                                                                                 
               (6)   the circulator has not  entered into an                                                                    
     agreement with  a person  or organization  in violation                                                                    
     of AS 15.45.110(c);                                                                                                        
               (7)     the   circulator  has   not  violated                                                                    
     AS 15.45.110(d) with respect to that petition; and                                                                         
               (8)   if the circulator has  received payment                                                                    
     or  agreed to  receive  payment for  the collection  of                                                                    
     signatures  on  the  petition, before  circulating  the                                                                    
     petition,  the circulator  prominently  placed, in  the                                                                    
     space provided under AS 15.45.090(5),  the name of each                                                                    
     person or organization  that has paid or  agreed to pay                                                                    
     the  circulator for  collection  of  signatures on  the                                                                    
     petition."                                                                                                                 
                                                                                                                                
     Page 14, line 29, through page 15, line 16:                                                                                
          Delete all material and insert:                                                                                       
        "* Sec. 34.   AS 15.45.360 is repealed and reenacted                                                                
     to read:                                                                                                                   
          Sec. 15.45.360.  Certification of circulator.                                                                       
     Before being  filed, each  petition shall  be certified                                                                    
     by   an  affidavit   by  the   person  who   personally                                                                    
     circulated   the    petition.   In    determining   the                                                                    
     sufficiency  of the  petition, the  lieutenant governor                                                                    
     may not  count subscriptions on petitions  not properly                                                                    
     certified  at the  time of  filing or  corrected before                                                                    
     the  subscriptions  are  counted.  The  affidavit  must                                                                    
     state in substance that                                                                                                    
               (1)   the person signing the  affidavit meets                                                                    
     the residency, age,  and citizenship qualifications for                                                                    
     circulating a petition under AS 15.45.335;                                                                                 
               (2)   the  person is  the only  circulator of                                                                    
     the petition;                                                                                                              
               (3)     the  signatures  were  made   in  the                                                                    
     circulator's actual presence;                                                                                              
               (4)     to  the  best  of   the  circulator's                                                                    
     knowledge,  the   signatures  are  the   signatures  of                                                                    
     persons whose names they purport to be;                                                                                    
               (5)   the signatures are of  persons who were                                                                    
     qualified voters on the date of signature;                                                                                 
               (6)   the circulator has not  entered into an                                                                    
     agreement with  a person  or organization  in violation                                                                    
     of AS 15.45.340(b);                                                                                                        
               (7)     the   circulator  has   not  violated                                                                    
     AS 15.45.340(c) with respect to that petition; and                                                                         
               (8)  before circulation of the petition, the                                                                     
     circulator  prominently placed,  in the  space provided                                                                    
     under AS 15.45.320(6),  if the circulator  has received                                                                    
     payment   or  agreed   to  receive   payment  for   the                                                                    
     collection of  signatures on the petition,  the name of                                                                    
     each person or organization that  has paid or agreed to                                                                    
     pay the circulator for collection  of signatures on the                                                                    
     petition."                                                                                                                 
                                                                                                                                
     Renumber the following bill sections accordingly.                                                                          
                                                                                                                                
     Page 17, following line 9:                                                                                                 
          Insert a new bill section to read:                                                                                    
        "* Sec. 39.  AS 15.45.570 is amended to read:                                                                       
          Sec. 15.45.570.  Statement of warning.  Each                                                                        
     petition  must [AND  DUPLICATE  COPY  SHALL] include  a                                                                
     statement of  warning that  a person  who signs  a name                                                                    
     other than  the person's  own to  the petition,  or who                                                                    
     knowingly   signs  more   than   once   for  the   same                                                                    
     proposition at one election, or  who signs the petition                                                                    
     while knowingly not  a qualified voter, is  guilty of a                                                                    
     class B misdemeanor."                                                                                                      
                                                                                                                                
     Renumber the following bill sections accordingly.                                                                          
                                                                                                                                
     Page 18, lines 5 - 22:                                                                                                     
          Delete all material and insert:                                                                                       
        "* Sec. 43.   AS 15.45.600 is repealed and reenacted                                                                
     to read:                                                                                                                   
          Sec. 15.45.600.  Certification of circulator.                                                                       
     Before being  filed, each  petition shall  be certified                                                                    
     by   an  affidavit   by  the   person  who   personally                                                                    
     circulated   the    petition.   In    determining   the                                                                    
     sufficiency  of the  petition, the  lieutenant governor                                                                    
     may not  count subscriptions on petitions  not properly                                                                    
     certified  at the  time of  filing or  corrected before                                                                    
     the  subscriptions are  counted.    The affidavit  must                                                                    
     state in substance that                                                                                                    
               (1)  the person signing the affidavit meets                                                                      
     the residency, age,  and citizenship qualifications for                                                                    
     circulating a petition under AS 15.45.575;                                                                                 
               (2)  the person is the only circulator of                                                                        
     the petition;                                                                                                              
               (3)  the signatures were made in the                                                                             
     circulator's actual presence;                                                                                              
               (4)  to the best of the circulator's                                                                             
     knowledge,  the   signatures  are  the   signatures  of                                                                    
     persons whose names they purport to be;                                                                                    
               (5)  the signatures are of persons who were                                                                      
     qualified voters on the date of signature;                                                                                 
               (6)  the circulator has not entered into an                                                                      
     agreement with  a person  or organization  in violation                                                                    
     of AS 15.45.580(b);                                                                                                        
               (7)  the circulator has not violated                                                                             
     AS 15.45.580(c) with respect to that petition; and                                                                         
               (8)  before circulation of the petition, the                                                                     
     circulator  prominently placed,  in the  space provided                                                                    
     under AS 15.45.560(5),  if the circulator  has received                                                                    
     payment   or  agreed   to  receive   payment  for   the                                                                    
     collection of  signatures on the petition,  the name of                                                                    
     each person or organization that  has paid or agreed to                                                                    
     pay the circulator for collection  of signatures on the                                                                    
     petition."                                                                                                                 
                                                                                                                                
     Page 22, line 3:                                                                                                           
          Delete "secs. 21 - 43"                                                                                                
          Insert "secs. 21 - 44"                                                                                                
                                                                                                                                
REPRESENTATIVE GRUENBERG said, "When we  saw this in its previous                                                               
version, it only  dealt with Section 15.45.130."   Kathryn Kurtz,                                                               
Legal Counsel, Legislative Legal  and Research Services, saw that                                                               
there were three  statutes involved - one on  initiatives, one on                                                               
referendums, and  one on  recalls - and  she made  the conforming                                                               
amendment  to  AS 15.45.360  and  AS  15.45.600.   Representative                                                               
Gruenberg said Ms.  Kurtz set the sections out  much more clearly                                                               
and drafted them in current style.                                                                                              
                                                                                                                                
Number 1981                                                                                                                     
                                                                                                                                
REPRESENTATIVE GRUENBERG explained that  Amendment 4 is basically                                                               
technical, except  that, substantively, it will  allow "things on                                                               
the  petition  to  be  corrected  before  the  subscriptions  are                                                               
counted."   He  said if  somebody makes  a mistake,  the petition                                                               
shouldn't be thrown out, because  that affects hundreds of people                                                               
who have signed the petition in good faith.                                                                                     
                                                                                                                                
Number 2018                                                                                                                     
                                                                                                                                
MS. GLAISER  indicated that [Amendment  4] addresses some  of the                                                               
court's concerns.  She said, "If  we find ... a circulator hasn't                                                               
filled out  the affidavit, we  can make that correction  and then                                                               
count  all those  signatures in  the books,  rather than  casting                                                               
them aside  due to a  technical failure  by the circulator."   In                                                               
response to a question from  Chair Weyhrauch, she stated that, in                                                               
current law,  it's a misdemeanor  for someone to sign  a petition                                                               
who is knowingly not a qualified voter.                                                                                         
                                                                                                                                
CHAIR WEYHRAUCH asked what the basis for Amendment 4 is.                                                                        
                                                                                                                                
MS.  GLAISER   answered  that  Amendment  4   was  Representative                                                               
Gruenberg's idea.   She  suggested it falls  into place  with the                                                               
Hinterberger  v. State  of  Alaska, which  she  explained was  in                                                             
regard to a hemp petition that was heard in superior court.                                                                     
                                                                                                                                
CHAIR WEYHRAUCH asked if the Hinterberger case was on appeal.                                                                 
                                                                                                                                
MS. GLAISER answered  no.  She said the  lieutenant governor held                                                               
a press conference to say  that [the division] would "address all                                                               
of  the  concerns."   She  stated,  "The  judge was  clear  about                                                               
accountability  reports,  and  that's  within  ...  the  original                                                               
version  of  the  bill  and  it still  remains.    This  is  just                                                               
additional -- we  certainly could include that  as an improvement                                                               
to the process."  She continued as follows:                                                                                     
                                                                                                                                
     What  the  judge  was addressing  was  that  government                                                                    
     doesn't create  barriers to the people  petitioning the                                                                    
     government;  that it's  a reasonable  -- and  that they                                                                    
     understand that right  out in front, which  is also why                                                                    
     the  division then  went and  picked up  referendum and                                                                    
     recall  and made  them very  similar in  this bill,  so                                                                    
     that  when  people  do  petition  their  government  on                                                                    
     either  three  of  those occasions,  that  they're  all                                                                    
     similar  and  they're  held   to  the  same  standards:                                                                    
     circulators are  the same; affidavits  are the  same; a                                                                    
     misdemeanor's  a  misdemeanor;  because  you're  always                                                                    
     petitioning your government.                                                                                               
                                                                                                                                
Number 2139                                                                                                                     
                                                                                                                                
CHAIR  WEYHRAUCH withdrew  his objection  [to Amendment  4].   He                                                               
asked if  there was  further objection.   There being  no further                                                               
objection, Amendment 4 was adopted.                                                                                             
                                                                                                                                
Number 2146                                                                                                                     
                                                                                                                                
REPRESENTATIVE GRUENBERG,  in response  to a question  from Chair                                                               
Weyhrauch, indicated  that he had  one or two more  amendments to                                                               
offer, but would prefer to wait  until there was a full committee                                                               
at the next hearing on HB 523.                                                                                                  
                                                                                                                                
[HB 523 was heard and held.]                                                                                                    
                                                                                                                                
SB 351-APOC REPORTS: FORMS & ELECTRONIC FILING                                                                                
                                                                                                                                
Number 2216                                                                                                                     
                                                                                                                                
CHAIR WEYHRAUCH announced that the  next order of business was CS                                                               
FOR  SENATE  BILL NO.  351(FIN),  "An  Act requiring  the  Alaska                                                               
Public Offices  Commission to  accept documents  by nonelectronic                                                               
means, and specifying the manner  of preparing the forms that are                                                               
provided by the commission."                                                                                                    
                                                                                                                                
Number 2229                                                                                                                     
                                                                                                                                
KIMBERLY  CARNOT,  Staff  to Senator  Lyda  Green,  Alaska  State                                                               
Legislature,  presented  SB  351  on  behalf  of  Senator  Green,                                                               
sponsor.   She  stated  that  [SB 351]  would  expand the  Alaska                                                               
Public  Offices  Commission's  (APOC) authority  to  continue  to                                                               
accept filing  that is not  electronic, including  standard paper                                                               
filing.                                                                                                                         
                                                                                                                                
CHAIR WEYHRAUCH  asked if [SB 351]  is a "fix-it" bill  from what                                                               
the legislature passed the previous year.                                                                                       
                                                                                                                                
MS.  CARNOT answered  yes.   She said  the bill  is, essentially,                                                               
limited to filings that a  candidate for an election or incumbent                                                               
would  file  and  would  not  deal  with  lobbyist  reports,  for                                                               
example.                                                                                                                        
                                                                                                                                
CHAIR WEYHRAUCH  recalled that Representative Lynn  had testified                                                               
at length  regarding part of  the related legislation  heard last                                                               
year.                                                                                                                           
                                                                                                                                
Number 2261                                                                                                                     
                                                                                                                                
REPRESENTATIVE  LYNN clarified  that the  discussion had  been in                                                               
regard to  publishing any  donations made to  a candidate  on the                                                               
Internet,  thus providing  instantaneous disclosure  of how  much                                                               
has  been contributed  to  a candidate  and by  whom.   It  would                                                               
eliminate  the  number  of  reports  that  have  to  be  made  by                                                               
candidates, as well as the possibility of being late on reports.                                                                
                                                                                                                                
Number 2325                                                                                                                     
                                                                                                                                
BROOKE   MILES,  Executive   Director,   Alaska  Public   Offices                                                               
Commission  (APOC),  Department  of Administration,  stated  that                                                               
APOC does  not support  SB 351  and does not  view it  as cleanup                                                               
legislation from last  year.  Conversely, she  stated, APOC views                                                               
[SB 351] as  reversing one of the primary  components that passed                                                               
last year:  mandatory electronic filing.                                                                                        
                                                                                                                                
CHAIR  WEYHRAUCH  noted  that  on  page 1,  [line  9],  the  bill                                                               
requires that black ink be used.  He asked about blue ink.                                                                      
                                                                                                                                
TAPE 04-69, SIDE B                                                                                                            
Number 2359                                                                                                                     
                                                                                                                                
MS.  MILES responded  that the  commission did  not suggest  this                                                               
language and accepts any color ink; it does not accept pencil.                                                                  
                                                                                                                                
CHAIR WEYHRAUCH expressed concern that  "some clerk at a counter"                                                               
would reject  information submitted  in a color  of ink  that was                                                               
not  black.   He asked  if specifying  dark ink  would be  a good                                                               
idea.                                                                                                                           
                                                                                                                                
MS. MILES  agreed that "dark ink"  would be better, or  even just                                                               
"ink".                                                                                                                          
                                                                                                                                
Number 2305                                                                                                                     
                                                                                                                                
MS.  CARNOT  explained  the  reason   for  using  "legible  black                                                           
typeface or  hand-printed in black  ink" was because  of concerns                                                           
raised by  APOC that many  of the forms submitted  are illegible.                                                               
She  said [the  sponsor] would  not object  to APOC's  suggestion                                                               
that a form could be submitted in any color ink.                                                                                
                                                                                                                                
Number 2275                                                                                                                     
                                                                                                                                
REPRESENTATIVE GRUENBERG related  personal experience with having                                                               
used  the  wrong  color  ink  on  a  form.    He  suggested  that                                                               
eliminating  [the specification  of] the  color of  ink may  keep                                                               
somebody on the ballot.                                                                                                         
                                                                                                                                
CHAIR  WEYHRAUCH mirrored  Representative Gruenberg's  story with                                                               
one of his own.                                                                                                                 
                                                                                                                                
MS. CARNOT  noted that APOC  forms can  be sent by  facsimile and                                                               
some colors of ink do not show up well when sent in that manner.                                                                
                                                                                                                                
CHAIR  WEYHRAUCH  said  he thinks  requiring  "dark"  [ink  would                                                               
suffice].                                                                                                                       
                                                                                                                                
MS.  CARNOT responded,  "My  suggestion would  be  that it's  not                                                               
really  necessary,  but  I  understand   what  you're  trying  to                                                               
address, so I'm not going to fight it any more than that."                                                                      
                                                                                                                                
Number 2210                                                                                                                     
                                                                                                                                
TAMMY  KEMPTON, Regulation  of  Lobbying,  Alaska Public  Offices                                                               
Commission (APOC),  Department of Administration,  suggested that                                                               
the bigger problem is illegibility.                                                                                             
                                                                                                                                
CHAIR WEYHRAUCH noted that "legible" appears in the bill.                                                                   
                                                                                                                                
Number 2195                                                                                                                     
                                                                                                                                
REPRESENTATIVE SEATON stated that one  of the points that is made                                                               
for [SB  351] is that  communities don't have access  to Internet                                                               
service.    He stated  his  understanding  that all  the  village                                                               
schools  have Internet  services that's  available for  people in                                                               
the area  to use if  they don't have commercial  Internet service                                                               
available.   He said he's trying  to figure out if  the basis for                                                               
this  is  a  reality  in  the  villages,  or  a  "convenience  to                                                               
candidates."                                                                                                                    
                                                                                                                                
MS.  CARNOT  replied  that  [the   sponsor]  was  trying  not  to                                                               
discourage people  from running  for office, simply  because they                                                               
are not  comfortable on a computer  or don't have full  access to                                                               
one.                                                                                                                            
                                                                                                                                
CHAIR WEYHRAUCH noted that all his forms are handwritten.                                                                       
                                                                                                                                
REPRESENTATIVE SEATON indicated  his concern is in  regard to the                                                               
availability of the  information to the public.   He compared the                                                               
speed  of  the Internet  with  sending  a  form  by mail  from  a                                                               
village.   He  asked  if  there would  be  any  restriction on  a                                                               
candidate running for office using  the Internet provided through                                                               
the school  system to file the  required reports.  He  added, "If                                                               
that Internet  access, which is  the only Internet access  in the                                                               
village,  would  be, for  some  reason,  restricted because  it's                                                               
state subsidized, ... then I see a need for the bill.                                                                           
                                                                                                                                
Number 2054                                                                                                                     
                                                                                                                                
CHAIR  WEYHRAUCH asked  if there  was any  objection to  changing                                                               
"black" to  "dark".   He explained  that it  appears in  "four or                                                       
five places."                                                                                                                   
                                                                                                                                
REPRESENTATIVE  GRUENBERG  said  he  thinks that  in  the  phrase                                                               
"legible black  typeface" [on page  1, line 9], the  word "black"                                                       
should remain.                                                                                                                  
                                                                                                                                
CHAIR  WEYHRAUCH,   in  response  to   Representative  Gruenberg,                                                               
confirmed  that his  intent was  to change  "black ink"  to "dark                                                       
ink", [by means of Conceptual Amendment  1 on page 1, line 9, and                                                           
page 2, lines 7 and 22].                                                                                                        
                                                                                                                                
CHAIR  WEYHRAUCH   announced  that   no  objection   was  stated;                                                               
therefore, [Conceptual Amendment 1] was adopted.                                                                                
                                                                                                                                
                                                                                                                                
Number 2003                                                                                                                     
                                                                                                                                
REPRESENTATIVE  LYNN  observed  that   one  candidate  who  files                                                               
electronically   gives  his/her   information  instantly,   while                                                               
another who  files by mail  does not; therefore,  some candidates                                                               
may  have an  advantage of  seeing that  information sooner  than                                                               
others.   He  opined  that everyone  should  either send  his/her                                                               
forms  in  electronically or  by  mail,  in  order to  level  the                                                               
playing field.   He  said he believes  there are  some candidates                                                               
who would  play games and  would deliberately  submit handwritten                                                               
forms to defeat timely disclosure.                                                                                              
                                                                                                                                
Number 1965                                                                                                                     
                                                                                                                                
MS.  CARNOT  offered her  belief  that  only six  states  require                                                               
electronic filing.                                                                                                              
                                                                                                                                
MS.  MILES  clarified that  22  states  currently have  mandatory                                                               
electronic filing.                                                                                                              
                                                                                                                                
MS.  CARNOT noted  that  the online  application  for the  Alaska                                                               
permanent fund dividend (PFD) is  a three-page form, which people                                                               
had trouble filing  out.  The APOC reports,  which are difficult,                                                               
are lengthy reports.  She  pointed out that a difficult situation                                                               
would be  if a person  were to experience a  transmission problem                                                               
in the process of filing.   In reference to Representative Lynn's                                                               
previously  voiced  concerns,  she  noted that  currently  it  is                                                               
possible  to  get photocopies  or  facsimiles  of filings.    She                                                               
admitted  that  it's  a  difficult  task for  APOC  to  take  the                                                               
information  off of  paper form  and  enter it  into a  computer,                                                               
which is  why attempts are being  made to clean up  the forms and                                                               
make  them   as  user-friendly  as   possible.    She   said  she                                                               
understands the concern about a  candidate potentially writing in                                                               
an illegible  manner to shield contribution  for whatever reason,                                                               
but she  asked the  committee to  remember that  APOC has  a dual                                                               
role  of being  user-friendly to  the people  filing, as  well as                                                               
being  able to  get  the  information out  to  the  public.   She                                                               
stated, "I  don't think one role  should trump the other,  as the                                                               
current statute would have it."                                                                                                 
                                                                                                                                
Number 1887                                                                                                                     
                                                                                                                                
REPRESENTATIVE  LYNN   said  he  thinks  the   integrity  of  the                                                               
electoral  process  is more  important  than  convenience to  the                                                               
candidates.   He asked  what the  statistics have  been regarding                                                               
how  many have  filed  electronically and  those  who have  filed                                                               
nonelectronically during the House and Senate races.                                                                            
                                                                                                                                
Number 1872                                                                                                                     
                                                                                                                                
MS. MILES  noted that  in 1998, 7  percent of  filers voluntarily                                                               
filed  electronically;  in 2000,  12  percent;  and in  2002,  15                                                               
percent.  The  rest of the forms filed must  be entered manually.                                                               
She continued as follows:                                                                                                       
                                                                                                                                
     This is  complicated ...,.because when you  passed this                                                                    
     legislation  last year,  it was  anticipated that  when                                                                    
     electronic filing  came online - which  is a three-year                                                                    
     project   -  ...   our   agency   could  realize   some                                                                    
     efficiencies.   However,  the  legislature didn't  wait                                                                    
     for  that, but  cut  our budget  by  $100,000, which  -                                                                    
     because our budget is small and  all of our money is in                                                                    
     personal services  - resulted  in a 20-percent  loss of                                                                    
     staff.   Instead of  ten, we're now  eight.   So, there                                                                    
     are  fewer people  to conduct  the data  entry and,  in                                                                    
     addition  to  that, we  prioritize  -  as we  primarily                                                                    
     spoke  to  -  the  public   service.    So,  we  always                                                                    
     prioritize  the assisting  of filers  before conducting                                                                    
     data entry.                                                                                                                
                                                                                                                                
     Looking at this scenario,  we're fairly certain that we                                                                    
     will not be able to  have information published for all                                                                    
     candidates before  election day  in 2004, and,  if this                                                                    
     legislation  passes, then  that goal  is probably  lost                                                                    
     until  such time  as we  get  a much  higher degree  of                                                                    
     voluntary filing electronically.                                                                                           
                                                                                                                                
Number 1805                                                                                                                     
                                                                                                                                
REPRESENTATIVE  GRUENBERG  pointed  out  that  a  person  who  is                                                               
computer illiterate who runs for  office may have to hire someone                                                               
[to fill  out electronic forms].   He said he thinks  poor people                                                               
should be able to run for office,  and he said he thinks that may                                                               
prevent them from being able to run for office.                                                                                 
                                                                                                                                
REPRESENTATIVE GRUENBERG suggested a  win-win situation.  He said                                                               
if the language is  kept basically as it is [in  SB 351], but add                                                               
a provision that says if  someone submits an illegible form, APOC                                                               
may require that  person to submit a legible copy  and may impose                                                               
a  civil  penalty  for  repeated  offenses,  or  take  any  other                                                               
disciplinary  action  necessary.     He  offered  to  help  draft                                                               
language [for an amendment].                                                                                                    
                                                                                                                                
CHAIR WEYHRAUCH responded, "Well, not on this bill."                                                                            
                                                                                                                                
Number 1725                                                                                                                     
                                                                                                                                
MS. MILES responded  that that wouldn't have anything  to do with                                                               
solving the data entry problem.   She said the primary concern is                                                               
not  that people  don't want  to file  electronically, but  it is                                                               
that  the  agency is  not  funded  to  lead its  mission  without                                                               
electronic filing.                                                                                                              
                                                                                                                                
Number 1697                                                                                                                     
                                                                                                                                
REPRESENTATIVE  GRUENBERG  moved  [to report  CSSB  351(FIN),  as                                                               
amended,  out of  committee with  individual recommendations  and                                                               
the accompanying  fiscal note].   There  being no  objection, HCS                                                               
CSSB  351(STA)  was  reported  out of  the  House  State  Affairs                                                               
Standing Committee.                                                                                                             
                                                                                                                                
CHAIR WEYHRAUCH noted for the  record that Senator Green had just                                                               
arrived, and he  recapped the amendment that had  been adopted to                                                               
SB 351.                                                                                                                         
                                                                                                                                
Number 1660                                                                                                                     
                                                                                                                                
SENATOR  LYDA   GREEN,  as  sponsor   of  SB  351,   offered  her                                                               
understanding that some shades of blue  ink don't copy well.  She                                                               
said  she  didn't  think  an   APOC  clerk  would  turn  away  an                                                               
application based on the color of ink.                                                                                          
                                                                                                                                
CHAIR  WEYHRAUCH emphasized  that  the intent  was  to have  APOC                                                               
accept applications.                                                                                                            
                                                                                                                                
HB 327-POWERS/DUTIES DOTPF                                                                                                    
                                                                                                                                
Number 1530                                                                                                                     
                                                                                                                                
CHAIR WEYHRAUCH  announced that  the last  order of  business was                                                               
HOUSE BILL NO. 327, "An Act  relating to the powers and duties of                                                               
the  Department  of  Transportation and  Public  Facilities;  and                                                               
repealing  a  requirement  that  public  facilities  comply  with                                                               
energy standards adopted by the  Department of Transportation and                                                               
Public Facilities."                                                                                                             
                                                                                                                                
CHAIR  WEYHRAUCH  noted  there were  two  committee  substitutes:                                                               
Version S,  labeled 23-LS1135\S, Utermohle, 4/22/04;  and Version                                                               
U, labeled  23-LS1135\U, Utermohle, 4/24/04.   [Regarding Version                                                               
U],  he said,  "Neither you,  nor the  sponsor, nor  I had  ... a                                                               
chance  to look  at  this until  now,  so we  didn't  want to  do                                                               
anything without getting input here."                                                                                           
                                                                                                                                
Number 1576                                                                                                                     
                                                                                                                                
TODD  LARKIN,  Staff to  Representative  Jim  Holm, Alaska  State                                                               
Legislature,   testified  on   behalf  of   Representative  Holm,                                                               
sponsor.   He indicated that he  is more familiar with  Version U                                                               
and offered to present that version by section.                                                                                 
                                                                                                                                
Number 1533                                                                                                                     
                                                                                                                                
The committee took a brief at-ease.                                                                                             
                                                                                                                                
MR. LARKIN  noted that  Section 1 changes  the requirement  for a                                                               
long-range   plan  to   be  developed   by   the  Department   of                                                               
Transportation from  every year to "periodically".   He explained                                                           
that the plans  "reach out 10-20 years," thus there  is no reason                                                               
to "be constantly revamping that."                                                                                              
                                                                                                                                
CHAIR WEYHRAUCH  reiterated that the  changes that had  been made                                                               
to  Version  S now  show  in  Version U  and  are  being seen  by                                                               
everybody for the first time.   He added, "So, we're both playing                                                               
a little  bit of catch-up, and  I apologize for that."   He noted                                                               
that the amendments  that currently exist are to  Version U, with                                                               
the exception of one, from  Representative Holm, which correlates                                                               
with Version S.                                                                                                                 
                                                                                                                                
MR.  LARKIN said  Representative  Holm's  amendment, if  offered,                                                               
could  be  changed  to  [fit]  Version U.    In  response  to  an                                                               
observation  by Chair  Weyhrauch, Mr.  Larkin confirmed  that the                                                               
large intent language section was withdrawn.                                                                                    
                                                                                                                                
MR.  LARKIN  directed  the  committee's   attention  to  page  2,                                                               
beginning on line 1, which read as follows:                                                                                     
                                                                                                                                
     program shall  become part of the  state transportation                                                                
     plan developed under AS 44.42.050                                                                                      
                                                                                                                                
MR. LARKIN  explained that's  the major  section of  statute that                                                               
"we  will be  amending."   He  added, "The  section changed,  the                                                               
power did not."                                                                                                                 
                                                                                                                                
CHAIR WEYHRAUCH noted  that Section 1 has  no substantive changes                                                               
from the original bill version.                                                                                                 
                                                                                                                                
MR. LARKIN  noted that  Section 2  addresses requirements  to the                                                               
department.    He highlighted  one  change  in [paragraph  (11)],                                                               
where the  requirement to  "[ANNUALLY]" evaluate  "[NATURAL GAS]"                                                               
has been changed to  "periodically" evaluate "alternative fuels".                                                       
In  response to  a question  from Chair  Weyhrauch, he  confirmed                                                               
that  the intent  of the  bill is  to include  electricity as  an                                                               
alternative fuel.                                                                                                               
                                                                                                                                
Number 1302                                                                                                                     
                                                                                                                                
MR. LARKIN  noted that [paragraph  (13)], which had  been deleted                                                               
in  [CSHB 327(TRA),  Version  23-LS1135\Q]  had been  reinserted.                                                               
Paragraph 13 read as follows:                                                                                                   
                                                                                                                                
               (13) complete and maintain a current                                                                             
     inventory of public  facilities, including a projection                                                                    
     of   the   serviceability   of   the   facilities   and                                                                    
     projections   of   replacements    and   additions   to                                                                    
     facilities  needed to  provide  the  level of  services                                                                    
     programmed   by   the   various  user   agencies,   for                                                                    
     municipalities  with populations  of  less than  12,000                                                                    
     and for  unincorporated communities, and  perform those                                                                    
     duties   on    a   cooperative   basis    with   larger                                                                    
     municipalities;                                                                                                            
                                                                                                                                
MR.  LARKIN, in  response to  a questions  from Chair  Weyhrauch,                                                               
confirmed  that  the  reason that  language  was  reinserted  was                                                               
because of concern  that there be an inventory  for projects that                                                               
occur in  the Bush.   He added,  "These are more  in the  area of                                                               
cleaning  up the  statute of  what was  the department  doing and                                                               
what  weren't  they  doing,  that's  been  handed  off  to  other                                                               
departments  in the  state.   Hopefully, the  section that  we're                                                               
coming to wouldn't have affected that."                                                                                         
                                                                                                                                
CHAIR WEYHRAUCH  asked, "Would  that be  like [the  Department of                                                               
Transportation & Public Facilities  (DOT&PF)] handing off to [the                                                               
Department of Environmental Conservation (DEC)] for water?"                                                                     
                                                                                                                                
MR. LARKIN said that's an excellent example.                                                                                    
                                                                                                                                
Number 1219                                                                                                                     
                                                                                                                                
JEFF   OTTESEN,  Director,   Division  of   Program  Development,                                                               
Department  of  Transportation   &  Public  Facilities  (DOT&PF),                                                               
explained  that the  department  had asked  for the  [requirement                                                               
listed in paragraph  13] to be deleted, because it  does not have                                                               
the budget to fulfill it.   He stated that when the Department of                                                               
Highways and the  Department of Public Works merged,  "this was a                                                               
duty that  came to  us as  part of public  works."   He explained                                                               
that the  Department of Public Works  used to be the  builders of                                                               
public  facilities for  local governments,  but today  facilities                                                               
are being built  by governments at the local level,  so DOT&PF is                                                               
no longer involved.                                                                                                             
                                                                                                                                
CHAIR WEYHRAUCH asked  if the figure of 12,000 was  in statute at                                                               
statehood.                                                                                                                      
                                                                                                                                
MR.  OTTESEN answered,  "Probably statehood,  or shortly  after."                                                               
In  response to  a follow-up  question from  Chair Weyhrauch,  he                                                               
said he  doesn't believe that  number is currently  relevant, and                                                               
he suggested  that the  number be [lowered].   He  stated, "Local                                                               
governments have just  become far more capable than  they were 30                                                               
years ago."                                                                                                                     
                                                                                                                                
CHAIR  WEYHRAUCH said  he is  not  certain what  number would  be                                                               
appropriate.                                                                                                                    
                                                                                                                                
MR.  OTTESEN suggested  that number  should  be in  the range  of                                                               
2,000-3,000.   He said he  would like  to look at  communities by                                                               
population,  and he  said  he  would get  back  to the  committee                                                               
regarding this issue.                                                                                                           
                                                                                                                                
Number 1127                                                                                                                     
                                                                                                                                
MR.  LARKIN continued  reviewing Version  U.   He explained  that                                                               
paragraph 14 is  being deleted because it  relates to performance                                                               
standards  that  have  been replaced  by  more  current  building                                                               
codes; it's  not DOT&PF's job  to dictate building codes  for the                                                               
rest of the state.   Paragraph 15 relates to planning assistance,                                                               
and is being  deleted for "housecleaning" reasons.   He clarified                                                               
that "they're duties that have  been handed off to other entities                                                               
in almost every case."                                                                                                          
                                                                                                                                
MR.  LARKIN  explained  that [paragraph  (16)]  makes  an  annual                                                               
requirement of  the report of  the activities of  the department.                                                               
He said he imagines it would be a lengthy report.                                                                               
                                                                                                                                
CHAIR WEYHRAUCH confirmed that it  was his idea to add [paragraph                                                               
(16)], but he suggested that the report could be a summary.                                                                     
                                                                                                                                
Number 0993                                                                                                                     
                                                                                                                                
MR.  LARKIN turned  to Section  3, which  he said  addresses "how                                                               
that plan will be  broken up."  He offered examples.   He said it                                                               
would put requirements on the  commissioner more in line with the                                                               
current standard  practice.  He  highlighted a sentence  [on page                                                               
4, beginning on line 19], which read as follows:                                                                                
                                                                                                                                
     The commissioner  shall include the estimated  costs of                                                                
     projects   described   in   the  plan   and,   if   the                                                                
     commissioner  determines  appropriate, an  estimate  of                                                                
     the benefits of the project.                                                                                           
                                                                                                                                
CHAIR WEYHRAUCH  requested that Mr.  Larkin provide a copy  of 23                                                               
U.S.C. 135 to the committee.                                                                                                    
                                                                                                                                
MR. LARKIN  said he would, but  emphasized that it is  a document                                                               
of considerable length.                                                                                                         
                                                                                                                                
MR. OTTESEN assured  the committee that the document  is not that                                                               
long.    He said,  "Title  23  is  the  whole enchilada  for  the                                                               
department; Part  135 is the  part that speaks  to transportation                                                               
planning.  He estimated it to be 20-30 pages in length.                                                                         
                                                                                                                                
MR. LARKIN, returning  to the aforementioned language  on page 4,                                                               
line  [19], said  the  intent  is to  allow  the commissioner  to                                                               
estimate  the benefits  of a  project,  when he/she  deems it  is                                                               
appropriate  to do  so.    Mr. Larkin  added,  "In the  following                                                               
sections, we're going  to lay out how those  regulations would be                                                               
written to cover projects."                                                                                                     
                                                                                                                                
CHAIR WEYHRAUCH asked  Mr. Ottesen if use of the  term "the plan"                                                               
refers    to   the    "comprehensive,   intermodal,    long-range                                                               
transportation plan."                                                                                                           
                                                                                                                                
Number 0833                                                                                                                     
                                                                                                                                
MR. OTTESEN answered  that he believes that's correct.   He said,                                                               
"This  is very  similar language  to  what's now  required by  23                                                               
U.S.C.,  which requires  a statewide  transportation plan  that's                                                               
intermodal  ...."     In  response  to  a   question  from  Chair                                                               
Weyhrauch,  he indicated  that intermodal  includes:   road, air,                                                               
rail, marine,  and trails.   In response to a  follow-up question                                                               
from Chair Weyhrauch, he explained  that [the plan], at one time,                                                               
was a single document, but  now it's comprised of many documents.                                                               
He noted that  the state is divided up into  three regions.  Area                                                               
plans are  made, which  look mostly  at parts  of the  state that                                                               
don't have a complete road system.                                                                                              
                                                                                                                                
CHAIR  WEYHRAUCH  asked if  the  draft  of the  Southeast  Alaska                                                               
transportation  plan   is  one   of  the   intermodal  long-range                                                               
transportation plans.                                                                                                           
                                                                                                                                
MR.  OTTESEN described  it as  a piece  of the  larger plan.   He                                                               
added,  "The  larger  plan  is never  really  seen;  it's  really                                                               
flushed out by  all its individual components.  ...   It would be                                                               
a geographic area of the state."                                                                                                
                                                                                                                                
Number 0724                                                                                                                     
                                                                                                                                
MR. LARKIN turned  to Section 3, which he noted  would delete the                                                               
recommendation of the now  defunct Alaska Transportation Planning                                                               
Council and "THE  COSTS AND BENEFITS OF  NEW TRANSPORTATION MODES                                                               
AND  FACILITIES."    In  its place  would  be  language  allowing                                                               
discretion [to the commissioner].                                                                                               
                                                                                                                                
CHAIR    WEYHRAUCH   offered    his   understanding    that   the                                                               
administration   developed  two   entities   to  address   issues                                                               
regarding air and roads, as  well as "some advisory committee for                                                               
the ferries."   He asked, "Does  this have sort of  an integrated                                                               
support from those entities?"                                                                                                   
                                                                                                                                
MR.  OTTESEN responded  that "this  language"  reflects what  the                                                               
department   is  doing   and   "what  these   boards  have   been                                                               
overseeing."    He  explained,   "Rather  than  having  a  single                                                               
document, where we're  trying to do everything at  once, with all                                                               
these ...  different areas  of the state  ..., we  realized that,                                                               
practically  speaking,  we have  to  do  our  planning ...  at  a                                                               
subcomponent level."   He  offered examples.   He noted  that the                                                               
regional  plans  have  been  a   good  vehicle;  they  have  been                                                               
geographically  based and  have had  advisory committees  made up                                                               
primarily of local officials in each of the regions.                                                                            
                                                                                                                                
CHAIR  WEYHRAUCH  asked  where   the  strategic  vision  for  the                                                               
Southeast Alaska transportation system exists.                                                                                  
                                                                                                                                
MR. OTTESEN  answered that it exists  in the Southeast plan.   He                                                               
defined  the  Area Transportation  Plan  as  being the  strategic                                                               
vision for the state.  He stated  that the last four or five area                                                               
transportation  plans  have  caused  the  department  to  rethink                                                               
things and come  up with new ways of doing  things.  One example,                                                               
he said, are  the fast ferries.  Another example  is the complete                                                               
change of the  way airports are designed in  Southwest Alaska, as                                                               
a result of the plan.                                                                                                           
                                                                                                                                
Number 0536                                                                                                                     
                                                                                                                                
MR. LARKIN  directed attention  to Section  4, which  is language                                                               
that  would require  the commissioner  to periodically  develop a                                                               
list of the projects in a plan that are on deck to be done.                                                                     
                                                                                                                                
CHAIR WEYHRAUCH  asked what the difference  is between "annually"                                                               
and "periodically".                                                                                                         
                                                                                                                                
MR. LARKIN  defined the former  as a plan  that would have  to be                                                               
submitted  or  renewed   every  year,  and  the   latter  as  the                                                               
requirement  to update  a plan  when  something new  occurs.   In                                                               
response  to  a  follow-up  question  from  Chair  Weyhrauch,  he                                                               
confirmed  that the  effect of  this language  will be  to change                                                               
from annually to a period of not less than two years.                                                                           
                                                                                                                                
Number 0488                                                                                                                     
                                                                                                                                
MR. OTTESEN explained  that "the program" is  essentially what is                                                               
thought of  as the list  of projects.   He said the  federal term                                                               
for  that  list  is   the  Statewide  Transportation  Improvement                                                               
Program  (STIP),  and  it essentially  is  a  multi-year  capital                                                               
budget.  He  stated that federal law requires that  the STIP must                                                               
have a minimum  two-year horizon.  He noted  that bills currently                                                               
before the House  and Senate would make that  requirement a four-                                                               
year  horizon, and  he indicated  that  that change  could be  in                                                               
effect in four  weeks.  He clarified,  "Essentially, we're trying                                                               
to make  state law here conform  to federal law so  that we don't                                                               
end up with  things that are inconsistent or,  basically, make us                                                               
do things twice."                                                                                                               
                                                                                                                                
CHAIR WEYHRAUCH  remarked, "This  is that  23 U.S.C.  135 again."                                                               
He  asked how  often  that is  amended.   He  noted that  [United                                                               
States Representative Don Young] just  passed a bill - "this huge                                                               
omnibus transportation."   He asked,  "Is that 23 U.S.C.  135, is                                                               
that amended in that?"                                                                                                          
                                                                                                                                
MR. OTTESEN  answered yes.   He  explained that  Title 23  is the                                                               
full law  that applies  to surface  transportation and  23 U.S.C.                                                               
135 is one chapter  in that law.  He noted that  there was also a                                                               
bill passed by  the Senate, known as  SAFETEA [Safe, Accountable,                                                               
Flexible and  Efficient Transportation Equity  Act of 2004].   He                                                               
said, "Both will address, in part,  135, and there are many, many                                                               
changes in those two bills."                                                                                                    
                                                                                                                                
CHAIR WEYHRAUCH said he knows there  were a number of projects in                                                               
Alaska that  were in at  least "the  House version of  the bill."                                                               
He  asked,  "How  does  the   State  of  Alaska  act  quickly  to                                                               
incorporate the  funds for  projects in that  bill, so  the state                                                               
can move  forward in conjunction  with the federal  government to                                                               
start on those projects?"                                                                                                       
                                                                                                                                
MR. OTTESEN  replied that  is the  crux of  the issue  before the                                                               
committee.   He explained, "We  can't quite formally put  them in                                                               
the STIP  yet, because they're not  real, but we can  put them in                                                               
the  capital  budget, and  have  done  so."    In response  to  a                                                               
question from Chair Weyhrauch, he  confirmed that he meant in the                                                               
capital budget for the State of Alaska for this year.                                                                           
                                                                                                                                
CHAIR WEYHRAUCH  asked about authorizing language  to receive the                                                               
funds.                                                                                                                          
                                                                                                                                
MR. OTTESEN responded as follows:                                                                                               
                                                                                                                                
     It's  partly  by   project  capital  budget  authority.                                                                    
     We're tracking  those projects  very carefully,  as are                                                                    
     many  other people  in the  state.   There's over  $450                                                                    
     million-worth of  projects in the Young  version of the                                                                    
     bill - just in earmarks.                                                                                                   
                                                                                                                                
Number 0284                                                                                                                     
                                                                                                                                
MR. LARKIN  stated that the  assumption is that there  are people                                                               
presently in the  department constantly "watching Title  23."  He                                                               
added, "And  what we'll allow  them to  do by statute  is, rather                                                               
than  proposing changes  to our  statute all  the time,  they can                                                               
continue to watch [Title] 23 and just comply."                                                                                  
                                                                                                                                
CHAIR WEYHRAUCH observed that the  statute has been around a long                                                               
time,  and [HB  327] would  only now  incorporate it  into Alaska                                                               
law.                                                                                                                            
                                                                                                                                
MR. OTTESEN said that is  formally correct; however, he explained                                                               
that "it's  one of the  rules we've had to  follow if we  want to                                                               
use federal  dollars, since the  federal aid program began."   In                                                               
response to questions from Chair  Weyhrauch, he explained, "There                                                               
isn't anyone in our department  in a responsible job that doesn't                                                               
have a copy of Title 23 on their bookshelf."                                                                                    
                                                                                                                                
MR.  LARKIN  stated  that  Section   4  also  provides  that  the                                                               
commissioner will  provide specific  information to  the governor                                                               
and to the legislature for review.                                                                                              
                                                                                                                                
Number 0119                                                                                                                     
                                                                                                                                
The committee took an at-ease from 10:15 a.m. to 10:24 a.m.                                                                     
                                                                                                                                
TAPE 04-70, SIDE A                                                                                                            
                                                                                                                                
Number 0096                                                                                                                     
                                                                                                                                
MR.  LARKIN  directed the  committee's  attention  to Section  5,                                                               
which  would  provide guidelines  for  the  regulations that  the                                                               
commissioner adopts.  Section 6 contains housecleaning measures.                                                                
                                                                                                                                
CHAIR WEYHRAUCH mentioned language that  had been deleted [from a                                                               
prior  version   of  the  bill],  regarding   energy  performance                                                               
standards,  energy  audits,  standards  for  design,  and  energy                                                               
conservation measures.   He  asked Mr.  Ottesen, "If  [DOT&PF] is                                                               
doing a project in a locality,  do they have to comply with local                                                               
building standards, energy conservation measures, et cetera?"                                                                   
                                                                                                                                
MR.  OTTESEN  answered yes.    He  noted  that there  is  another                                                               
statute  that  also requires  that  [the  department] go  through                                                               
local  government  approval  for   every  project.    He  offered                                                               
examples.                                                                                                                       
                                                                                                                                
Number 0128                                                                                                                     
                                                                                                                                
CHAIR WEYHRAUCH  asked why  the language [on  page 6,  lines 7-9]                                                               
was being deleted.  That language read as follows:                                                                              
                                                                                                                                
                  [(i)  BY THE COMMISSIONER OF                                                                                  
    TRANSPORTATION   AND   PUBLIC   FACILITIES   UNDER   AS                                                                     
     44.42.020(a) FOR PUBLIC FACILITIES; OR                                                                                     
                                                                                                                                
MR. OTTESEN explained as follows:                                                                                               
                                                                                                                                
     This  is  kind  of  language that's  pointing  back  to                                                                    
     standards  that we  have earlier  in  this draft  bill,                                                                    
     Section 2, I  believe.  ... In the late  '70s there was                                                                    
     an energy crisis, [and the]  price of fuel was spiking.                                                                    
     At  the time,  the department  was the  constructors of                                                                    
     public  facilities across  the  state, and  so we  were                                                                    
     given  a lot  of authority  to adopt  standards and  to                                                                    
     deploy  them  in  our  buildings.     And,  over  time,                                                                    
     standards now  have evolved to local  governments; they                                                                    
     now have building officials and  building codes.  We're                                                                    
     no   longer   the   predominate   builder   of   public                                                                    
     facilities.   We  build our  own facilities  and a  few                                                                    
     others,  but many  agencies now  are kind  of going  it                                                                    
     alone, as  well as certain school  districts and [Rural                                                                    
     Education Attendance  Area] REAAs,  and the like.   So,                                                                    
     really,  both   the  responsibility   for  constructing                                                                    
     public   facilities   and    the   responsibility   for                                                                    
     establishing  standards  for  public facilities  is  no                                                                    
     longer on our shoulders.                                                                                                   
                                                                                                                                
CHAIR  WEYHRAUCH  asked  if the  lighting  and  energy  standards                                                               
aren't also developed by local entities.                                                                                        
                                                                                                                                
MR. OTTESEN  replied that  a national  standard is  almost always                                                               
adopted.                                                                                                                        
                                                                                                                                
CHAIR WEYHRAUCH asked, "Why make this so specific?"                                                                             
                                                                                                                                
MR. OTTESEN  explained that  it is just  latent language  that is                                                               
currently in statute.                                                                                                           
                                                                                                                                
Number 0258                                                                                                                     
                                                                                                                                
MR.  LARKIN  indicated that  the  repealer  in Section  7  simply                                                               
refers to the  thermal and lighting energy standards.   He added,                                                               
"Those were  the standards that  were adopted under  the previous                                                               
requirement of  the statutes."   In Section 8, Mr.  Larkin noted,                                                               
language has been  added in Version U outlining how  and when the                                                               
new regulations can be implemented and who has to be notified.                                                                  
                                                                                                                                
CHAIR WEYHRAUCH suggested  that the committee needs  to take time                                                               
to read the language.                                                                                                           
                                                                                                                                
[HB 327 was heard and held.]                                                                                                    
                                                                                                                                
ADJOURNMENT                                                                                                                   
                                                                                                                                
Number 0403                                                                                                                     
                                                                                                                                
There being no further business before the committee, the House                                                                 
State Affairs Standing Committee meeting was adjourned at 10:32                                                                 
a.m.                                                                                                                            

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