Legislature(2003 - 2004)
04/22/2004 08:40 AM House STA
| Audio | Topic |
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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
ALASKA STATE LEGISLATURE
HOUSE STATE AFFAIRS STANDING COMMITTEE
April 22, 2004
8:40 a.m.
MEMBERS PRESENT
Representative Bruce Weyhrauch, Chair
Representative Jim Holm, Vice Chair
Representative John Coghill
Representative Bob Lynn
Representative Paul Seaton
Representative Max Gruenberg
MEMBERS ABSENT
Representative Ethan Berkowitz
COMMITTEE CALENDAR
OVERVIEW: STATE OF ALASKA VS. U.S.
[See 8:08 a.m. minutes for this date]
HOUSE BILL NO. 544
"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."
- HEARD AND HELD
CS FOR SENATE JOINT RESOLUTION NO. 31(STA)
Relating to urging the United States Congress to compensate the
State of Alaska for the effect of federal land ownership on the
state's ability to fund public education.
- MOVED CSSJR 31(STA) OUT OF COMMITTEE
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
HOUSE BILL NO. 532
"An Act amending the definition of 'lobbyist' in the Regulation
of Lobbying Act; and providing for an effective date."
- BILL HEARING CANCELED
PREVIOUS COMMITTEE ACTION
BILL: HB 544
SHORT TITLE:PERM FUND BOARD PUBLIC MEMBER REMOVAL
SPONSOR(S): RLS BY REQUEST OF THE GOVERNOR
Jrn-Date Jrn-Page Action
03/25/04 3081 (H) READ THE FIRST TIME -
REFERRALS
03/25/04 3081 (H) STA
03/25/04 3081 (H) FN1: ZERO(LAW)
03/25/04 3081 (H) FN2: ZERO(REV)
03/25/04 3081 (H) GOVERNOR'S TRANSMITTAL LETTER
04/22/04 (H) STA AT 8:00 AM CAPITOL 102
BILL: SJR 31
SHORT TITLE:FEDERAL FUNDING FOR EDUCATION
SPONSOR(S): RLS
Jrn-Date Jrn-Page Action
02/16/04 2173 (S) READ THE FIRST TIME -
REFERRALS
02/16/04 2174 (S) STA, RES
03/18/04 (S) STA AT 3:30 PM BELTZ 211
03/18/04 (S) Moved CSSJR 31(STA) Out of
Committee
03/18/04 (S) MINUTE(STA)
03/19/04 2562 (S) STA RPT CS 5DP SAME TITLE
03/19/04 2563 (S) DP: STEVENS G, HOFFMAN,
COWDERY,
03/19/04 2563 (S) STEDMAN, GUESS
03/19/04 2563 (S) FN1: ZERO(S.STA)
03/29/04 (S) RES AT 3:30 PM BUTROVICH 205
03/29/04 (S) Moved CSSJR 31(STA) Out of
Committee
03/29/04 (S) MINUTE(RES)
03/31/04 2708 (S) RES RPT CS(STA) 3DP 2NR
03/31/04 2708 (S) DP: WAGONER, DYSON, SEEKINS;
NR: ELTON,
03/31/04 2708 (S) STEVENS B
03/31/04 2708 (S) FN1: ZERO(S.STA)
04/05/04 2782 (S) RULES TO CALENDAR 4/5/2004
04/05/04 2782 (S) READ THE SECOND TIME
04/05/04 2782 (S) STA CS ADOPTED UNAN CONSENT
04/05/04 2782 (S) ADVANCED TO THIRD READING
UNAN CONSENT
04/05/04 2782 (S) READ THE THIRD TIME CSSJR
31(STA)
04/05/04 2783 (S) PASSED Y20 N-
04/05/04 2787 (S) TRANSMITTED TO (H)
04/05/04 2787 (S) VERSION: CSSJR 31(STA)
04/06/04 3221 (H) READ THE FIRST TIME -
REFERRALS
04/06/04 3221 (H) STA, RES
04/20/04 (H) STA AT 8:00 AM CAPITOL 102
04/20/04 (H) <Bill Hearing Postponed to
4/22/04>
04/22/04 3445 (H) STA RPT 5DP
04/22/04 3445 (H) DP: SEATON, GRUENBERG,
COGHILL, LYNN,
04/22/04 3445 (H) HOLM
04/22/04 3445 (H) FN1: ZERO(S.STA)
04/22/04 (H) STA AT 8:00 AM CAPITOL 102
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
WITNESS REGISTER
MIKE BARNHILL, Assistant Attorney General
Commercial/Fair Business Section
Civil Division (Juneau)
Department of Law
Juneau, Alaska
POSITION STATEMENT: Presented HB 544 on behalf of the House
Rules Committee, by request of the governor.
ROBERT D. STORER, Executive Director
Alaska Permanent Fund Corporation (APFC)
Department of Revenue
Juneau, Alaska
POSITION STATEMENT: Testified on behalf of the APFC, during the
hearing on HB 544.
SENATOR GENE THERRIAULT
Alaska State Legislature
Juneau, Alaska
POSITION STATEMENT: As a member of the House Rules Standing
Committee, sponsor of SJR 31, summarized the resolution and
answered questions.
LAURA GLAISER, Director
Division of Elections
Office of the Lieutenant Governor
Juneau, Alaska
POSITION STATEMENT: Answered questions regarding Version V to
HB 523, on behalf of the division.
ACTION NARRATIVE
TAPE 04-68, SIDE A
Number 0001
CHAIR BRUCE WEYHRAUCH called the House State Affairs Standing
Committee meeting to order at 8:40 a.m. Representatives Seaton,
Lynn, Gruenberg, and Weyhrauch were present at the call to
order. Representatives Holm and Coghill arrived as the meeting
was in progress. [For the Overview: State of Alaska vs. U.S.
see 8:08 a.m. minutes for the same date.]
HB 544 - PERM FUND BOARD PUBLIC MEMBER REMOVAL
CHAIR WEYHRAUCH announced that the first order of business would
be House Bill 544, "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."
Number 0027
REPRESENTATIVE SEATON moved to adopt the committee substitute
(CS) for HB 544, Version 23-GH2142\D, Cook, 4/15/04, as work
draft.
CHAIR WEYHRAUCH objected for discussion purposes.
Number 0034
MIKE BARNHILL, Assistant Attorney General, Commercial/Fair
Business Section, Civil Division (Juneau), Department of Law,
presented HB 544 on behalf of the House Rules Committee, by
request of the governor. He stated that [HB 544] would provide
that public members of the Board of Trustees of the Alaska
Permanent Fund Corporation may be removed only for cause. Under
current law, he explained, a board member can be removed for any
reason, including partisan reasons. Mr. Barnhill offered
examples of cause [found on page 1, lines 7-9 of Version D]. He
summarized the steps of removal as outlined in the bill. He
explained that "the reason why we do this" is to insulate the
board, which manages $28 billion in state assets. He explained
that [HB 544] would ensure continuity. Mr. Barnhill noted that
there is a list [included in the committee packet] that his
office prepared in 1980, listing all the felonies involving
moral turpitude. He indicated that his office has generated a
more updated list since then. In conclusion, he stated that the
language of the bill is patterned after similar language for the
Alaska Board of Fisheries in AS 16.05.280.
Number 0275
ROBERT D. STORER, Executive Director, Alaska Permanent Fund
Corporation (APFC), Department of Revenue, revealed that
"several boards representing several administrations have
supported this statutory change to ... protect the board from
removal for cause." He noted that the board is comprised of six
members, of which two are cabinet members who would change
automatically with administration changes. The other four board
members are appointed by the governor and serve four year
staggered terms. He continued as follows:
Prior to ... several administrations, a new governor
has come in and replaced five of the six board
members. Now, I can't say that it disadvantaged the
fund's management, but I would suggest that the fund
now is far more mature, in terms of how it implements
its assets strategies - the kind of investment it
makes - versus when that occurred. And investment
knowledge, institutional memory, a continuity of
education we believe is very important, and this is
why board members support this.
We're now looking at contemporary investment
strategies that can take over ... two years of study.
That doesn't mean that you adopt these strategies, but
it's important that you study what other large plan
sponsors are doing, so that you're well aware of why
they adopted ... the intricacies of these strategies.
MR. STORER stated that he finds that new board member learn far
more quickly if there is some institutional memory that exists
in the board. He indicated that better questions are asked and
[those senior members of the board] remember how the decisions
were made originally. He indicated that there are 19
individuals [on boards] who are protected for removal for cause,
including the Alaska State Pension Investment Board. He stated
that this issue is important and institutional memory is needed
in order to make better, more informed investment decisions.
Number 0496
REPRESENTATIVE GRUENBERG directed attention to the term
"misconduct in office" on page 1, line 7, and asked if that is
defined anywhere.
MR. BARNHILL answered that it is not defined in the bill.
REPRESENTATIVE GRUENBERG asked if the term is defined anywhere
in state statute or common law.
MR. BARNHILL said he would have to find out.
REPRESENTATIVE GRUENBERG assumed that the term "misdemeanor or
felony involving moral turpitude" means only misdemeanors or
felonies involving moral turpitude.
MR. BARNHILL answered that's correct.
REPRESENTATIVE GRUENBERG opined, "I think that if we are going
to be referencing some fairly obscure statute in the elections
code, we should have that defined in here." He indicated that
he may offer an amendment to that effect, and he asked Mr.
Barnhill if he would have any problem with such an amendment.
MR. BARNHILL answered no. He noted that the Senate Judiciary
Standing Committee decided to "delete the words involving moral
turpitude." He commented that that is also fine. He reminded
the committee that a list had been provided to define the terms.
He said, "If a board member gets convicted of any crime, that
should constitute reason for cause."
Number 0668
CHAIR WEYHRAUCH professed, "This is really a potential huge can
of worms, politically and substantively, I think - doing this."
He illustrated, "Moral turpitude with respect to ... child abuse
is not necessarily moral turpitude with respect to the knowledge
necessary to manage a permanent fund, but it may be an excuse
... or a reason to remove someone if you didn't want them." He
said being charged with a crime may result in a huge political
embarrassment, particularly regarding something like bribery or
theft. He continued as follows:
Let's say you're accused of that crime. Of course,
nobody wants to be convicted before they have their
day in court. But you have somebody accused of a
serious crime, but before the removal is final, they
have to go through this huge due process hearing, this
huge public spectacle embarrassing both the person on
the board, potentially the governor, the members of
the fund, the staff. You know, I just -- if you guys
want this, you might get it, but you better be careful
what you wish for.
Number 0752
MR. BARNHILL responded that Chair Weyhrauch's concerns are
legitimate. He stated that what he thinks is most important to
the administration is that it narrows removal for cause. He
said, "If the committee feels that it's important to leave
'involving moral turpitude' in there, we're fine with that. I
mean, that's why we drafted it in there - to make it narrow."
CHAIR WEYHRAUCH responded, "The policy goal here is to keep
continuity - keep people on the board and not ... throw them out
because of political whim. On the other hand ..., to keep that
continuity, you want some cause. But if there's cause that
exists, maybe it's best to just get rid of them, without going
through this cumbersome political trial."
Number 0833
MR. STORER proffered that "those facts are not lost on us." He
said the conclusion essentially was that the board members have
historically been high profile individuals throughout the state
who have been under a lot of scrutiny prior to their
appointment. He said that is the downside risk. He emphasized,
"The importance of this is from the investment management point
of view and that continuity, and not making decisions -- it is a
double edged sword, and we believe the latter issues I've just
observed material outweighs that potential risk on the other
side."
Number 0859
REPRESENTATIVE SEATON stated:
Under the definition of moral turpitude, I guess the
promoting gambling, now - of course this is once a
person is a member - but if we had pull tab
legislation that came up and ... someone voted for
that, then they would be guilty under this? I mean,
... there seems to be, under this definition, some
funny things.
MR. BARNHILL said the answer's no. He said, "Promoting
gambling's a criminal offense and, if we pass a bill that
authorizes, for instance, gaming or legal gambling, that would
be exempted from a criminal offense."
Number 0908
REPRESENTATIVE GRUENBERG said he strongly supports the bill, but
wants to think about it.
Number 1000
MR. STORER, in response to a question from Representative Holm,
noted that he thinks the permanent fund's broad market returns
are comparable to the [Standard & Poors (S&P)] index. He
indicated there has been excess returns of between 3/4 and 1
percent. He stated that he has worked with virtually all of the
board members who have been with the permanent fund. He assured
the committee that "when you're a fiduciary for a large fund,
you take that role very seriously." He stated that the history
and tradition of the permanent fund is "incrementalism" and long
evaluation and study; therefore, he would envision changes to be
incremental, rather than sweeping.
REPRESENTATIVE SEATON stated that part of the problem he sees in
the bill is its legalistic manner. He suggested changing the
language [beginning on page 1, line 6] to read, "only for cause,
including inefficiency, neglect of duty, misconduct in office,
and may not be removed simply for political convenience."
CHAIR WEYHRAUCH interjected that he had to leave momentarily and
was, therefore, handing the gavel over to Representative Holm.
Number 1186
VICE-CHAIR HOLM suggested that Representative Seaton add his
idea in the form of a committee substitute to be heard in the
next hearing of HB 544.
Number 1194
MR. BARNHILL, in response to Representative Seaton's
aforementioned suggestion, stated that there is actually no
provision in the bill for an appeal. He said, "It's just a
hearing." He clarified, "Because of the decision, the aggrieved
board member -- they wouldn't appeal from that; there's no
provision in here for administrative appeal - they'd probably
have to sue the state." In regard to putting a decision in
writing, he noted that there is supreme court precedent that
says that administrative decisions should be detailed in
writing. He added, "So, I think that's important to leave that
in there, otherwise you get into an area of arbitrary and
capricious decision-making by an administrative agency. I don't
really think we want to do that."
REPRESENTATIVE SEATON stated that the point of the bill is to
let administrations know that "they do not have the authority,
for political reasons, to remove people, if there has to be a
removal for cause." He questioned whether listing all the
causes may restrict the ability too much or raise the bar so
much that it becomes a very contentious issue.
[HB 544 was heard and held.]
SJR 31-FEDERAL FUNDING FOR EDUCATION
Number 1273
VICE-CHAIR HOLM announced that the next order of business was CS
FOR SENATE JOINT RESOLUTION NO. 31(STA), Relating to urging the
United States Congress to compensate the State of Alaska for the
effect of federal land ownership on the state's ability to fund
public education.
Number 1289
SENATOR GENE THERRIAULT, Alaska State Legislature, as a member
of the House Rules Standing Committee, sponsor of SJR 31,
paraphrased the sponsor statement as follows:
The legislation stems from a resolution adopted in
July of 2002, by the Executive Committee of the
Council of State Governments-WEST [CSG-WEST] urging
the membership of thirteen states to support and pass
joint resolutions expressing how federal land
ownership hinders western states' abilities to fund
education. Eight members of the Alaska Legislature
serve on the Executive Committee: Senators Cowdery,
Ogan, Gary Stevens, and myself, and ... Speaker Kott,
Representative Coghill, McGuire and Rokeberg ....
The [committee substitute (CS)] before you had one
change in [the Senate State Affairs Standing
Committee], and that was adding another "WHEREAS"
paragraph on page 2, line 27, which ties this
resolution to the overall efforts of CSG-WEST and the
twelve other member states.
Since this effort began, all thirteen states have
introduced similar resolutions and all but four -
California, Washington, Colorado, and Alaska - have
passed the resolutions. This initiative is the result
of years of research and preparation by legislators of
the State of Utah and their legislative staff, who
have developed the statistics and dollar amounts you
see presented in the resolution.
The Western Governors' Association has also endorsed
this resolution, which is termed, "APPLE," which
stands for Action Plan for Public Land and Education.
The western states as group are falling behind in
education funding when measured in growth of real per
pupil expenditures ... during the period from 1979 -
1998. Eleven of the twelve states with the lowest
real growth in pupil expenditures are western states.
The growth rate of real per-pupil expenditures in the
thirteen western states is less than half - 28 percent
versus 57 percent - of that in the 37 other states.
SENATOR THERRIAULT noted that that statistic is shown on the
first of a group of graphs (included in the committee packet).
He continued as follows:
On average, enrollment in western states is projected
to increase dramatically, while the growth rate in
other states is projected to actually decrease. ...
That's shown on graphs 2 and 3.
Yet, Western states' state and local taxes as a
percent of personal income are ... as high or higher
than other states, and that's shown on graphs 4 and 5.
Number 1439
VICE-CHAIR HOLM stated, "That kind of flies in the face of what
we normally hear; we don't pay any taxes on this."
SENATOR THERRIAULT answered that's true. He noted that chart 4
shows Alaska at 10.3 percent. He added, "And you can look
across the country, you know, we're right in there with all the
states." He continued as follows:
Western states' commitment to education as a
percentage of state budget is equal to that of other
states. If you look on charts 6 and 7, you can see
the percentage of the overall state budget that goes
into education.
The problem lies with the federal government and the
enormous amount of land it owns in western states. If
an imaginary line was drawn from Montana to New
Mexico, no state east of that line has more than 14
percent of its land owned by the federal government.
No state west of that line has less than 27 percent of
their land federally owned, with the exception of
Hawaii. Four western states have more than 62% of
their land federally owned. Those four states are
Alaska, ... Idaho, Nevada, and Utah, and that is
displayed on graphs 8 - 11 ....
SENATOR THERRIAULT stated that he thinks graph number 9 really
shows "that imaginary line and how those western states have a
tremendous amount of federal land ownership." He continued
paraphrasing the sponsor statement as follows:
The two primary ways that federal land ownership
impacts the funding of education in western states is
through enabling Acts and property taxes. Most
enabling Acts for western states, including Alaska,
promised to give the state 5 percent of the proceeds
from the sale of federal land for the benefit of
public education. In 1977 the federal government
abandoned its original policy to dispose of public
lands, depriving the states of public education
funding estimated to be over $14 billion. This
resolution does not recommend that federally owned
lands be sold, necessarily, only that states be
compensated as was promised.
States are not allowed to assess property tax on
federal lands, impacting western states in an amount
over $4 billion annually. The federal government does
provide Payment in Lieu of Taxes (PILT) ..., since the
states cannot tax the federal lands, but the amount of
PILT payments to states in 2001 was only 4 percent of
the annual property tax lost by western states ....
This resolution proposes ... to create: legislative
awareness, public education, and to build the western
states' coalition, to petition Congress to compensate
the western states.
In summary, western states are financially harmed in a
significant way by the amount of federal land
ownership. The conclusion is that federal land
ownership hinders western states' ability to fund
public education.
CSG-West has formed [the] APPLE Initiative Steering
Committee, which is chaired by Speaker Marty Stevens,
with the Utah House of Representatives, and I also sit
as a member on the ... committee.
The ... committee will work like a strategic planning
group who will press the case in Congress and with the
Judiciary. The first meeting of the ... committee
will be held at the CSG-WEST annual meeting ... in
Anchorage, in September of this year.
SENATOR THERRIAULT offered to answer questions from the
committee. He noted that Mr. Briggs was also available to
answer technical questions regarding the data that was used to
produce the numbers that appear in the resolution and in [the
graphs].
Number 1626
REPRESENTATIVE GRUENBERG noted that the premise is that the
State of Alaska has a lot of federal land, is not receiving
compensation, and needs the money for education. He noted that
one remedy is to get compensation. Furthermore, he suggested
two other alternatives: to allow the state to tax the federal
land, and to give the state some of the federal land so that it
can turn it into income-producing assets. He asked Senator
Therriault what he thinks about adding those ideas as potential
solutions.
SENATOR THERRIAULT replied that certainly, as the issue is
pressed to Congress, if Congress is not willing or does not have
the ability to compensate [the State of Alaska] on a yearly
basis, it might consider one of the other remedies. He noted
that it would take an Act of Congress to make the land taxable,
as well as to distribute the land.
SENATOR THERRIAULT, in response to a question from
Representative Gruenberg, confirmed that the resolution does not
have to be uniform with that of the other states.
Number 1736
REPRESENTATIVE SEATON moved to adopt CSSJR 31(STA).
VICE-CHAIR HOLM objected for discussion purposes.
Number 1804
REPRESENTATIVE GRUENBERG moved to adopt Conceptual Amendment 1
as follows:
On page 3, line 3, following "compensation":
Insert "or allow the state to tax the land or transfer
sufficient land to allow us to properly fund public
education"
VICE-CHAIR HOLM asked if that wouldn't be incorporated in "just
compensation".
REPRESENTATIVE GRUENBERG answered, "Not necessarily, because
'just compensation' implies that they pay us for the land; it
certainly doesn't imply giving us the land. I don't think it
applies allowing us to tax the land."
VICE-CHAIR HOLM said there are no "side boards" on "just
compensation.
REPRESENTATIVE GRUENBERG offered his understanding that the term
"compensation" means payment. He indicated that [Conceptual
Amendment 1] would "make it clearer."
VICE-CHAIR HOLM offered his understanding that "just
compensation" includes payment in loan taxes (PILT).
REPRESENTATIVE GRUENBERG asked if [the federal government giving
the State of Alaska] the land would be included in PILT.
Number 1868
REPRESENTATIVE COGHILL said he appreciates [Representative
Gruenberg's] thought. Notwithstanding that, he stated, "That is
a bigger bite than I think we want to take out of just a mention
in this resolution." He added, "Just mentioning it would almost
do it some disservice."
Number 1882
REPRESENTATIVE GRUENBERG withdrew [Conceptual Amendment 1].
SENATOR THERRIAULT remarked that the federal government can
control PILT, but he can't imagine the federal government giving
the State of Alaska the power to tax its land. In regard to the
transfer of land, he noted that federal land [in Alaska]
includes bombing ranges, national parks, and preserves. He
stated, "Even suggesting the thought that Denali National Park
[and Preserve] might be transferred to state ownership ... - or
[the Arctic National Wildlife Refuge (ANWR)] - perhaps brings a
lot of criticism, unnecessarily, to the resolution, from people
who would support getting PILT ...."
VICE-CHAIR HOLM removed his previous objection to adopting CSSJR
31(STA).
Number 1926
REPRESENTATIVE SEATON moved to report CSSJR 31(STA) out of
committee with individual recommendations and the accompanying
fiscal notes. There being no objection, CSSJR 31(STA) was
reported out of the House State Affairs Standing Committee.
HB 523-VOTERS/VOTING/POLITICAL PARTIES/ELECTIONS
VICE-CHAIR HOLM announced that the last 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 2000
REPRESENTATIVE SEATON moved to adopt the committee substitute
(CS) for HB 523, Version 23-GH2021\V, Kurtz, 4/21/04, as a work
draft.
VICE-CHAIR objected for discussion purposes.
Number 2006
REPRESENTATIVE COGHILL, on a procedural note, informed Vice-
Chair Holm that it is not necessary to object for discussion
purposes to the motion to adopt a committee substitute (CS). If
there is no objection to a CS, then that's the CS that is before
the committee.
VICE-CHAIR HOLM removed his objection [to Version V].
REPRESENTATIVE GRUENBERG [moved to adopt] Amendment 1, labeled
23-GH2021\V.1, Kurtz, 4/22/04, which read as follows:
Page 1, line 5, following "ballot counting,":
Insert "optically scanned and electronically
generated ballots,"
Page 5, following line 4:
Insert new bill sections to read:
"* Sec. 6. AS 15.15.030(13) is amended to read:
(13) The [NOTWITHSTANDING ANY OTHER
PROVISION OF THIS TITLE, THE] director may provide for
the optical scanning of ballots [VOTING BY USE OF
ELECTRONIC BALLOTING EQUIPMENT OR OPTICALLY SCANNED
BALLOTS] where the requisite equipment is available.
[IF THE DIRECTOR PROVIDES FOR VOTING BY USE OF
ELECTRONIC BALLOTING EQUIPMENT, THE DIRECTOR SHALL
PROVIDE ELECTRONIC BALLOTING EQUIPMENT THAT WOULD
ALLOW VOTERS WITH DISABILITIES, INCLUDING THOSE WHO
ARE BLIND OR VISUALLY IMPAIRED, TO CAST PRIVATE,
INDEPENDENT, AND VERIFIABLE BALLOTS.]
* Sec. 7. AS 15.15.030 is amended by adding a new
paragraph to read:
(14) The director may provide for voting by
use of electronically generated ballots by a voter who
requests to use a machine that produces electronically
generated ballots.
* Sec. 8. AS 15.15 is amended by adding a new
section to read:
Sec. 15.15.032. Use of electronically generated
ballots. (a) If the director provides for voting by
use of electronically generated ballots, the director
shall provide balloting equipment that would allow
voters with disabilities, including those who are
blind or visually impaired, to cast private,
independent, and verifiable ballots. The director may
not provide for more than one machine that produces
electronically generated ballots in a precinct or in a
regional supervisor's office, except where the
director determines that additional machines are
needed to accommodate the needs of individuals with
disabilities, including individuals with physical
limitations or visual impairments.
(b) Software for voting by use of electronically
generated ballots shall be tested and certified under
AS 15.20.900.
(c) The director shall provide for a paper
record of each electronically generated ballot that
can be
(1) reviewed and corrected by the voter at
the time the vote is cast; and
(2) used for a recount of the votes cast at
an election in which electronically generated ballots
were used."
Renumber the following bill sections accordingly.
Page 19, following line 28:
Insert new paragraphs to read:
"(38) "electronically generated ballot"
means any ballot other than a paper ballot that is
physically marked by the voter using a writing
instrument or a mechanical device;
(39) "optically scanned ballot" means a
paper ballot designed to be read by an optical
scanning machine."
Renumber the following paragraphs accordingly.
Page 20, line 28:
Following "APPLICABILITY.":
Insert "(a)"
Delete "18 - 40"
REPRESENTATIVE GRUENBERG explained that Amendment 1 incorporates
the ideas from another bill regarding elections, which was
sponsored by Representative Les Gara and then by Representative
Bill Harris.
Number 2068
VICE-CHAIR HOLM asked if there was any objection to Amendment 1.
No objection was stated; therefore, Amendment 1 was so ordered.
Number 2091
REPRESENTATIVE GRUENBERG [moved to adopt] Amendment 2, labeled
23-GH2021\V.2, Kurtz, 4/21/04, which read as follows:
Page 10, line 29, through page 11, line 17:
Delete all material and insert:
"* Sec. 23. 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."
REPRESENTATIVE GRUENBERG explained that Amendment 2 redrafts AS
15.45.130, making only one substantive change. He directed
attention to [the last sentence of] Section 23, [beginning on
page 11, line 15, of Version V], which read as follows:
In determining the sufficiency of the petition, the
lieutenant governor may not count subscriptions on
petitions not properly certified.
REPRESENTATIVE GRUENBERG stated his concern that there may be a
technical problem with a petition, and he explained that
Amendment 2 would allow a supplement affidavit in order to add
missing information.
[Vice-Chair Holm turned the gavel back over to Chair Weyhrauch.]
Number 2176
CHAIR WEYHRAUCH asked if any objection had been [stated] to
Amendment 2.
Number 2186
REPRESENTATIVE COGHILL objected [to Amendment 2].
Number 2190
CHAIR WEYHRAUCH requested a roll call vote, which was ultimately
voided.
REPRESENTATIVE GRUENBERG reiterated the purposed of Amendment 2
and said he hoped it would be fairly benign.
Number 2223
REPRESENTATIVE COGHILL expressed interest in knowing the court's
past position on this issue.
CHAIR WEYHRAUCH emphasized the importance of addressing HB 523
expeditiously.
Number 2290
LAURA GLAISER, Director, Division of Elections, Office of the
Lieutenant Governor, stated that she doesn't think it's wrong to
allow someone to file a supplementary [affidavit] to make a
correction.
CHAIR WEYHRAUCH stated that the committee, presented with a
lengthy [Amendment 2], doesn't know how to analyze it in context
of its historical basis or the legal issues surrounding it.
REPRESENTATIVE GRUENBERG clarified that the amendment had been
drafted, using the same language, but "setting it out a little
clearer."
Number 2330
CHAIR WEYHRAUCH announced that the committee would put aside
Amendment 2 for now.
TAPE 04-68, SIDE B
Number 2339
MS. GLAISER turned attention to [Amendment 3, labeled 23-
GH2021\V.3, Kurtz, 4/21/04], which read as follows:
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 an individual
who has been the victim of domestic violence shall be
confidential and not open to public inspection if the
individual requests in writing that the individual'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; or
(3) if the person who is the subject of the
information has provided written consent to the
release."
MS. GLAISER noted that both Representative Berkowitz and
Representative Gruenberg had, at prior hearings of HB 523, spoke
about protecting voting information and victims of domestic
violence, and ensuring that courts, police, and the Child
Support Enforcement Division (CSED) could have access [to voter
information] if needed. She said that's what [Amendment 3]
would do. She indicated that [Amendment 3] was drafted by
request to incorporate the concerns of the committee.
REPRESENTATIVE GRUENBERG said [Amendment 3] would add
subsections (b) and (c).
Number 2229
REPRESENTATIVE GRUENBERG, in response to a remark from
Representative Lynn, indicated that the requirement for a
voter's telephone number had not been taken out of the bill.
MS. GLAISER confirmed that was true.
[HB 523 was heard and held.]
ADJOURNMENT
Number 2225
There being no further business before the committee, the House
State Affairs Standing Committee meeting was adjourned at 9:32
a.m. [For the Overview: State of Alaska vs. U.S. see 8:08 a.m.
minutes for the same date.]
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