Legislature(2009 - 2010)CAPITOL 106
04/04/2009 10:00 AM House STATE AFFAIRS
| Audio | Topic |
|---|---|
| Start | |
| Overview by Alaska Public Offices Commission (apoc): Electronic Filing | |
| HJR8 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| + | TELECONFERENCED | ||
| + | TELECONFERENCED |
ALASKA STATE LEGISLATURE
HOUSE STATE AFFAIRS STANDING COMMITTEE
April 4, 2009
10:03 a.m.
MEMBERS PRESENT
Representative Bob Lynn, Chair
Representative Paul Seaton, Vice Chair
Representative Craig Johnson
Representative Peggy Wilson
Representative Max Gruenberg
MEMBERS ABSENT
Representative Carl Gatto
Representative Pete Petersen
COMMITTEE CALENDAR
OVERVIEW BY ALASKA PUBLIC OFFICES COMMISSION (APOC): ELECTRONIC
FILING
- HEARD
HOUSE JOINT RESOLUTION NO. 8
Proposing amendments to the Constitution of the State of Alaska
limiting appropriations from certain mineral revenue, relating
to the balanced budget account, and relating to an appropriation
limit.
- DISCUSSED, BUT NOT SCHEDULED
PREVIOUS COMMITTEE ACTION
No previous action to record
WITNESS REGISTER
PATTY WARE
Regulation of Lobbying
Alaska Public Offices Commission (APOC)
Department of Administration
Juneau, Alaska
POSITION STATEMENT: Presented an overview regarding APOC's
electronic filing system.
ANNETTE KREITZER, Commissioner
Department of Administration
Juneau, Alaska
POSITION STATEMENT: Testified during the APOC overview.
HOLLY ROBERSON HILL, Director
Alaska Public Offices Commission (APOC)
Department of Administration
Anchorage, Alaska
POSITION STATEMENT: Offered information during the overview
regarding APOC's electronic filing system.
ACTION NARRATIVE
10:03:04 AM
CHAIR BOB LYNN called the House State Affairs Standing Committee
meeting to order at 10:03 a.m. Representatives Johnson, Seaton,
Wilson, and Lynn were present at the call to order.
Representative Gruenberg arrived as the meeting was in progress.
^OVERVIEW BY ALASKA PUBLIC OFFICES COMMISSION (APOC): ELECTRONIC
FILING
10:03:08 AM
CHAIR LYNN announced that the only order of business was an
Overview by the Alaska Public Offices Commission (APOC):
Electronic Filing
10:04:00 AM
The committee took a brief at-ease at 10:04 a.m.
10:04:48 AM
PATTY WARE, Regulation of Lobbying, Alaska Public Offices
Commission (APOC), Department of Administration, thanked the
committee for the opportunity to provide a status report, by
means of a slide presentation, regarding APOC's electronic
filing program known as "Insight." As shown on slide 2, she
stated that Insight is an on-line filing and web-based
application that will allow anyone required to submit financial
disclosure forms to be in compliance with APOC's laws. This
includes campaign reports and legislative financial disclosures.
Lobbying reports are done by paper, she noted.
10:06:09 AM
MS. WARE said the Insight method of filing will be available
anywhere there is computer access, and it allows financial
disclosure to the public to be made more in "real time."
Currently, when a legislative financial disclosure is filed via
paper, it needs to be scanned in by staff in order to be posted
to the Internet.
10:07:32 AM
MS. WARE, in response to Representative Wilson, offered her
belief that currently Representative Wilson files to APOC using
a series of Excel spreadsheets that are then sent to APOC
electronically. In this system, there would not be any middle
step, because information would be entered "into the application
that is then stored." She related that a demonstration of the
system was forthcoming.
10:08:43 AM
MS. WARE, in response to Representative Seaton, said ultimately,
the Insight electronic filing system will be used for "all
disclosure forms that go to APOC." She said, "Right now, and
this morning, in terms of the demonstration, the module that's
operational and was deployed last year in February of '08 is the
lobbying module." Some of the features used in that module, she
indicated, will be "carried over."
10:09:21 AM
MS. WARE, in response to Chair Lynn, confirmed that no deadlines
would be changed without changing statute.
10:09:47 AM
MS. WARE returned to her slide presentation. As shown on slide
3, she listed advantages to electronic filing: it is much
faster; all the information that does not change from filing to
filing - such as name, address, phone number - is stored for the
filer so that he/she does not have to enter that information
every single time; the filer can file from anywhere in the
world, as long as there is a computer available; and date
verification, which is so important to the filer, is immediately
available to him/her. Ms. Ware listed some of the remote areas
of Alaska from which people are currently filing.
10:12:45 AM
REPRESENTATIVE GRUENBERG asked if the system accepts an
electronic signature.
MS. WARE responded that the system works through the state's
"MyAlaska" application, which she said would be part of the
upcoming demonstration.
10:13:10 AM
MS. WARE related that another advantage of the system is that it
allows APOC staff to create reports for public viewing much more
quickly, because staff no longer has to enter data into a
separate data base before posting that data to the APOC web
site.
MS. WARE, turning to slide 4, noted that when "the lobbyist and
employer module" was activated in February 2008, there were
initial glitches that were subsequently worked out. She
reported that all the lobbyists' registrations for 2009 have
been submitted electronically. She related that there are five
administrative reports available to APOC with respect to
lobbying, and, at this time, not all of them are available to
the public, because APOC is still working through "some data
glitches and anomalies." However, she told the committee that
what APOC has learned from those lessons will make version two
of Insight much better able to accommodate "the other financial
disclosure laws."
10:14:41 AM
CHAIR LYNN asked if the next version will be an update of the
current version or "include another class of people who must
report."
MS. WARE answered that version two, which will be activated in
June, "will still just have the lobbying module," but it will
have a set of features that the current version does not have.
For example, the updated version will streamline the process by
which a filer can move around to various pages. Version two
will also allow APOC more administrative capabilities to make
changes when needed.
10:16:21 AM
REPRESENTATIVE GRUENBERG asked if legislators will have the
option to file by "pen and ink" for the next election cycle.
MS. WARE responded that currently APOC anticipates that the
campaign disclosure module for electronic filing will be ready
some time in 2010. In response to a follow-up question, she
emphasized that the earliest the campaign module will be ready
would be some time in the late spring or summer in 2010.
10:17:26 AM
CHAIR LYNN offered his understanding that anybody who chooses to
do so can file for reelection on May 2, [2009]. He said, "And
so, if I get something on May 2, I just keep track of it, and
then when we do the report, bring that into it."
MS. WARE answered that's correct. She said that would still be
done via paper.
10:17:57 AM
REPRESENTATIVE GRUENBERG asked if those running for election
could file before May 2.
MS. WARE replied that she does not know the answer to that off
the top of her head.
10:18:08 AM
MS. WARE, in response to Representative Wilson, offered her
belief that there is a reference in statute that provides for
certain exceptions to having to file electronically.
10:19:02 AM
MS. WARE returned again to her slide presentation. She spoke to
the initial challenges APOC experienced with Insight, which are
listed on slide 5. She said there were some database problems
which resulted in missed deadlines and increased costs. One
example, she said, involved the 2008 year-end reports, which
were due in 2009. There was a problem in the database that did
not allow filers to submit their reports, which led to "a
frustration and concern in the filers." She reiterated that the
problems have been worked out so that they are not repeated.
Reporting capabilities are not fully operational, but
significant headway is being made in that regard. For example,
APOC currently has the lobbyist directory on its web site, as
well as the 2008 disclosure data for lobbyists. At present,
APOC does not have "real-time disclosure" available to the
public; however, that is something it looks forward to being
able to offer.
10:20:27 AM
REPRESENTATIVE JOHNSON related his understanding that mandatory
electronic reporting is only for lobbyists at this point in
time.
MS. WARE answered that's correct.
REPRESENTATIVE JOHNSON then said he thinks that legislators,
although strongly encouraged to do so, will not be required to
report electronically unless such a mandate is set up in
statute.
10:21:21 AM
REPRESENTATIVE LYNN said he thinks that is true.
MS. WARE indicated that the topic of an exception is covered
under statute which provides for an exception "when certain
circumstances warrant an exception." Municipal governments with
populations of fewer than 15,000 are allowed to file by paper.
In terms of current practice, the requirement for lobbyists to
file electronically is in lobbying statute and was "signed off
on by the commission as an order last November."
10:22:39 AM
MS. WARE provided a live demonstration of the electronic filing
system, which is outlined on slide 6. She noted that when
implementing electronic filing, many states have the filer pay
for the electronic signature software. Alaska uses the MyAlaska
electronic signature feature, which she said is probably
familiar to anyone who has filed his/her permanent fund dividend
(PFD) application electronically. The system allows the filer
to sign in securely with a user name and password to which only
he/she has access. She said the APOC reporting link brings the
user the electronic filing system. When the forthcoming version
is installed, there will be tabs for campaign disclosure and
legislative financial disclosure.
10:24:56 AM
MS. WARE, continuing her demonstration, indicated that the
Insight system stores forms that a filer has previously
submitted, and those forms are then available for APOC to see.
She reiterated the information regarding date and time
recording. She pointed out an "amend" button, which allows the
filer to make a change to data, then keeps the original as well
as the amended version. She said APOC does not see any
information until the filer has pressed the final "sign and
submit."
10:27:41 AM
MS. WARE, in response to a question from Representative Seaton,
said the way to tell between an amended page and the original is
that once a page has been amended, the "amend button" is no
longer lighted on the original form. If the filer needs to make
another amendment, he/she would have to amend the amended page.
10:30:00 AM
MS. WARE, in response to Representative Wilson, said it is
plausible that information could be worked on and stored,
without having been submitted. However, she noted because of
the way the law works, a lobbyist cannot start a form in the
lobbyists' module until the first day of the month in which the
report is due.
10:31:12 AM
REPRESENTATIVE GRUENBERG asked if there would be any possibility
for a legislator to write a check electronically on his/her
public office expense term (POET) account and then press a
button to have that check automatically reported.
MS. WARE asked Representative Gruenberg to clarify if he is
asking whether there would be an option of entering data in and
having that data immediately available for viewing.
REPRESENTATIVE GRUENBERG responded that he is thinking that
perhaps at some point there will be a method by which a person
would type a check and it would be automatically reported at
that time.
MS. WARE indicated her understanding that Chair Lynn has favored
a notion of more immediate disclosure. She said the insight
system does not propose changing any reporting deadlines, so at
this point, because the computer contractors are setting up
business requirements based on existing statute, if a report is
due at a certain time of the year, that's how they will build
the application. That does not preclude Representative Wilson's
remark about entering data in as contributions come in well
before submitting the report on the day it's due. She stated,
"So, that capability certainly exists in the system, and that's
one of the advantages of electronic filing. There [are] immense
storage capabilities, and you can enter the data in at your
convenience, and it is stored for you, and then you just simply
open it up."
10:33:23 AM
REPRESENTATIVE LYNN stated that if he writes a check, he wants
it to immediately show up, but that would not work with the
reporting dates. However, he pointed out that it is the
legislature that sets up the reporting dates, so they can be
changed Chair Lynn stated that one of the purposes of today's
hearing is to see if the upcoming technology via APOC's
electronic reporting system can be integrated with legislation
that he would like to propose.
10:34:29 AM
MS. WARE, in response to Representative Seaton, related that the
system requires two buttons to be pushed in order to delete
information; it is designed that way to avoid accidental
deletion. Furthermore, a "back up" is done to the system
several times a day.
MS. WARE next demonstrated the filing of a new lobbyist report
form, which requires first choosing a reporting period.
10:37:57 AM
REPRESENTATIVE SEATON asked if there is an option by which a
filer could see the most recent filing at the top.
MS. WARE answered that that kind of streamlined look and feel is
what APOC is striving for in the next version of the system. In
response to Chair Lynn, she confirmed that lobbyists are
required by statute to submit a separate "schedule" for each
employer.
10:39:38 AM
MS. WARE, referring again to the example, explained that year-
to-date totals are automatically carried over from the last
report period, which is an example of another time-saving
feature in electronic filing. She said the machine takes out
the human error factor, which should result in more accurate
filing.
10:41:04 AM
MS. WARE concluded her demonstration of electronic filing. In
response to Representative Wilson, she clarified that the APOC
web site shows year-end disclosures of lobbyists, which "does a
summary list per lobbyist for each of his or her employers."
10:42:09 AM
MS. WARE, in response to a question from Representative Johnson
regarding contribution limits, said APOC has been meeting with
the system contractor regarding campaign disclosure law, but has
"not yet gotten the full system requirements document for the
other laws." She said she cannot yet determine whether the
system will have the capacity to let the filer know when a
contributor has given too much money. In response to a follow-
up comment from Representative Johnson, she stated that it is
important to remember that although an electronic filing system
provides a lot of time-saving features and accuracy, it cannot
do everything; there may be features that are not going to be
able to be incorporated into the system.
REPRESENTATIVE JOHNSON encouraged Ms. Ware to at least ask the
question of the programmer.
MS. WARE indicated that she would do so.
10:45:19 AM
CHAIR WILSON noted that there is also a limit on how much money
campaigners can receive from out-of-state sources. She said
these issues are difficult to track; therefore, she asks her
bookkeeper to maintain that record.
REPRESENTATIVE LYNN recalled that "the old program" showed the
filer when he/she reached the limit.
MS. WARE responded that she would not know that, since the old
program was used before she became involved with APOC.
10:46:14 AM
REPRESENTATIVE SEATON opined that "it's absolutely right that
they need to construct the program that way," and there should
be a check box to mark showing whether or not the contribution
is from someone out of state. He indicated that the "idea of
having the limits show up" could be part of the system.
10:47:15 AM
MS. WARE returned to her presentation. As shown on slide 7, she
reiterated that version two of Insight will be deployed in June
[2009]. Furthermore, APOC expects the system requirements and
updated cost estimates for the following disclosure laws:
public official financial disclosure, legislative financial
disclosure, and campaign disclosure. She said APOC estimates
the public official and legislative financial disclosure
electronic filing capabilities will be available in the fall or
winter of 2009, while the electronic filing capabilities for
campaign deployment is expected by late spring or summer of
2010. Those anticipated dates could change based on the
information that will be provided in the aforementioned document
expected this June.
MS. WARE, in response to Chair Lynn, reviewed that legislators
can expect to electronically file their next legislative
financial disclosure - due March 15, 2010. Campaign disclosure
will be the last module put into electronic format, because it
is the most complicated, she explained.
10:49:57 AM
MS. WARE addressed other topics from her slide presentation by
way of answering questions from the committee. As shown on
slide 9, she stated that there is no plan at this point for
Insight to include a link to legislators' campaign bank
accounts; therefore, they would "do what you currently do in
terms of your financial institution with regard to your campaign
forms." She reiterated that Insight will reduce the time spent
filing forms, because of the features previously demonstrated.
The system, she said, will be "a one-stop shop for you to file
all of your APOC financial disclosures." She reiterated that
Insight will provide APOC with much better capabilities in terms
of reporting to the public.
10:50:58 AM
REPRESENTATIVE LYNN asked if there is any potential for
programmers to work out a way, not through Insight, for filing
to be linked to bank accounts.
MS. WARE replied, "We certainly can have that dialogue with the
programmers."
REPRESENTATIVE LYNN clarified that he wants to know if it is
feasible to have such a connection.
10:51:45 AM
ANNETTE KREITZER, Commissioner, Department of Administration,
stated, "With enough money and time, anything is feasible." She
indicated she has written down the comments she has heard today.
10:52:21 AM
REPRESENTATIVE LYNN commented that Commissioner Kreitzer knows
about his intentions to propose a related bill, and he said he
hopes that at some point in the future, the state could
transition "into the more immediate thing." He reiterated that
campaign reporting dates do not need to be limiting, because
they can be changed by statute. He said he thinks "this may be
an excellent midway exercise."
10:52:59 AM
COMMISSIONER KREITZER emphasized that the project has been a
complicated one fraught with disappointments; however, it is one
of the most important projects that Enterprise Technology
Services (ETS) is supporting. Everyone involved - the public,
APOC, the lobbyists, and the legislature - must have confidence
in the project, she stated.
CHAIR LYNN clarified that it sounds like this will be a big step
forward in a process everyone wants, but he said he has an eye
to the future.
10:53:46 AM
REPRESENTATIVE WILSON highlighted that she cannot see banks
agreeing with [Chair Lynn's idea to have checking accounts
linked to an electronic filing system]. She named the different
accounts that exist for her husband, herself, and her
legislative accounts, and said the bank has put "things in the
wrong accounts."
10:54:52 AM
CHAIR LYNN shared that some years back, his bank made an error
regarding the personal and campaign accounts he held there. The
bank corrected its mistake, but Chair Lynn said he separated his
two accounts into "two different banks in different parts of
town."
10:55:26 AM
REPRESENTATIVE JOHNSON related that it would be more difficult
to pass the legislation previously referred to by Chair Lynn
than to pay for it.
REPRESENTATIVE LYNN responded that that would have little to do
with the merits of the concept.
REPRESENTATIVE JOHNSON replied, "If your bill takes place, I'll
just write my check to my campaign manager, and I'll have one
$10,000 check, and you'll never know anything I spend it on
anyway, so knock yourself out."
10:56:14 AM
REPRESENTATIVE SEATON proffered that the question of "linking to
banks" is different from "importing data." He stated that most
legislators have electronic access to their own accounts, and
having the ability to send the information from personal
computers to APOC's system would eliminate errors. He said this
is a system used by TurboTax.
10:57:15 AM
REPRESENTATIVE LYNN said he does not care how it is done, as
long as the end result is instant disclosure.
10:57:38 AM
MS. WARE told Representative Seaton that [APOC] has discussed
that kind of functionality and the need for filers to be able to
cut and paste data from other forms and/or upload information
from other programs being used.
COMMISSIONER KREITZER said she understands what Representative
Seaton is saying, and she indicated that the administration
would have a conversation regarding exporting finance
information out of personal programs into the state's system.
She said, "I don't know that this is exactly instant, but it's
getting closer to it."
REPRESENTATIVE LYNN said he ultimately wants the system to work
so that when legislator gets a contribution check and deposits
it, it is instantly public, without having to count on the
honesty of any legislator. He surmised that the problem is not
that this is impossible, but that there needs to be willingness
among those involved to work it out.
10:59:49 AM
REPRESENTATIVE WILSON said many places in Alaska are remote,
which means that she may be away from home for three weeks some
times. She said during her absence, she may receive a
contribution check, and she cannot make a deposit until she is
near a bank again.
11:00:52 AM
REPRESENTATIVE LYNN said he understands that, but just wants a
deposit to be made public as soon as the deposit can be made.
11:01:09 AM
HOLLY ROBERSON HILL, Director, Alaska Public Offices Commission
(APOC), Department of Administration, proffered that the answer
to a previous query - whether or not electronic filing is
required in statute - is found in AS 15.13.040. She referred
particularly to [subsection] m, which read as follows:
(m) Information required under this chapter shall
be submitted to the commission electronically, except
that the following information may be submitted in
clear and legible black typeface or hand-printed in
dark ink on paper in a format approved by the
commission or on forms provided by the commission:
(1) information submitted by
(A) a candidate for election to a borough or city
office of mayor, membership on a borough assembly,
city council, or school board, or any state office,
who meets the requirements of (g)(1) - (3) of this
section; or
(B) a candidate for municipal office for a
municipality with a population of less than 15,000; in
this subparagraph, "municipal office" means the office
of an elected borough or city
(i) mayor; or
(ii) assembly, council, or school board member;
(2) any information if the commission determines
that circumstances warrant an exception to the
electronic submission requirement.
11:02:25 AM
CHAIR LYNN thanked APOC for its work regarding electric filing.
11:03:03 AM
CHAIR LYNN discussed the upcoming committee calendar.
HJR 8-CONST. AM: APPROP. LIMIT/MINERAL REVENUE
11:03:54 AM
REPRESENTATIVE GRUENBERG recalled that when HJR 8 was previously
heard, he had inquired as to whether Representative Kelly had
information on the amount currently owed to the Constitutional
Budget Reserve Fund (CBRF). He said he subsequently obtained
information from a legislative research report, which shows that
amount is $620,578,218.
11:05:24 AM
ADJOURNMENT
There being no further business before the committee, the House
State Affairs Standing Committee meeting was adjourned at 11:05
a.m.
| Document Name | Date/Time | Subjects |
|---|---|---|
| REVISED InsightOverviewLegCopy.ppt |
HSTA 4/4/2009 10:00:00 AM |