Legislature(2011 - 2012)SENATE FINANCE 532

02/15/2012 11:30 AM Joint CONFERENCE COMMITTEE ON HB 311


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04:23:04 PM Start
04:23:33 PM HB311
04:35:06 PM Adjourn
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
-- Delayed to 4:15 p.m. Today --
-- Location Change from Room 106 --
+ HB 311 REPORTS TO APOC TELECONFERENCED
Moved CCS HB 311 Out of Committee
<Teleconference Listen Only>
+ HB 311 REPORTS TO APOC TELECONFERENCED
Moved CCS HB 311 Out of Committee
<Teleconference Listen Only>
txt
                    ALASKA STATE LEGISLATURE                                                                                  
                 CONFERENCE COMMITTEE ON HB 311                                                                               
                       February 15, 2012                                                                                        
                           4:23 p.m.                                                                                            
                                                                                                                                
MEMBERS PRESENT                                                                                                               
                                                                                                                                
Representative Mike Hawker, Chair                                                                                               
Representative Craig Johnson                                                                                                    
Representative Beth Kerttula                                                                                                    
                                                                                                                                
Senator Kevin Meyer, Chair                                                                                                      
Senator Lyman Hoffman                                                                                                           
Senator Gary Stevens                                                                                                            
                                                                                                                                
COMMITTEE CALENDAR                                                                                                            
                                                                                                                                
HOUSE BILL NO. 311                                                                                                              
"An Act relating to certain information filed with the Alaska                                                                   
Public Offices Commission; and providing for an effective date."                                                                
                                                                                                                                
PREVIOUS COMMITTEE ACTION                                                                                                     
                                                                                                                                
BILL: HB 311                                                                                                                  
SHORT TITLE: REPORTS TO APOC                                                                                                    
SPONSOR(s): RULES                                                                                                               
                                                                                                                                
02/01/12       (H)       READ THE FIRST TIME - REFERRALS                                                                        
02/01/12       (H)       STA                                                                                                    
02/07/12       (H)       STA AT 8:00 AM CAPITOL 106                                                                             
02/07/12       (H)       Moved CSHB 311(STA) Out of Committee                                                                   
02/07/12       (H)       MINUTE(STA)                                                                                            
02/09/12       (H)       STA AT 8:00 AM CAPITOL 106                                                                             
02/09/12       (H)       Moved CSHB 311(STA) Out of Committee                                                                   
02/09/12       (H)       MINUTE(STA)                                                                                            
02/10/12       (H)       STA RPT CS(STA) NT 5DP 1AM                                                                             
02/10/12       (H)       DP: P.WILSON, KELLER, PETERSEN, SEATON,                                                                
                         LYNN                                                                                                   
02/10/12       (H)       AM: JOHANSEN                                                                                           
02/10/12       (H)       TRANSMITTED TO (S)                                                                                     
02/10/12       (H)       VERSION: CSHB 311(STA) AM                                                                              
02/10/12       (S)       READ THE FIRST TIME - REFERRALS                                                                        
02/10/12       (S)       RLS                                                                                                    
02/13/12       (S)       RLS RPT SCS (RLS)  2DP 3NR      SAME                                                                   
                         TITLE                                                                                                  
02/13/12       (S)       DP: STEVENS, HOFFMAN                                                                                   
02/13/12       (S)       NR: ELLIS, STEDMAN, MEYER                                                                              
02/13/12       (S)       VERSION: SCS CSHB 311(RLS)                                                                             
02/13/12       (H)       CONFERENCE COMMITTEE APPOINTED                                                                         
02/13/12       (H)       HAWKER (CHAIR), JOHNSON, KERTTULA                                                                      
02/13/12       (S)       RLS AT 10:30 AM BUTROVICH 205                                                                          
02/13/12       (S)       Moved    SCS   CSHB   311(RLS)   Out   of                                                              
                         Committee                                                                                              
02/13/12       (S)       MINUTE(RLS)                                                                                            
02/15/12       (S)       RECEDE MESSAGE READ AND TAKEN UP                                                                       
02/15/12       (S)       CONFERENCE COMMITTEE APPOINTED                                                                         
02/15/12       (S)       MEYER (CHAIR), HOFFMAN, STEVENS                                                                        
02/15/12       (S)       LIMITED POWERS FREE CONFERENCE GRANTED                                                                 
02/15/12       (H)       LIMITED POWERS FREE CONFERENCE GRANTED                                                                 
02/15/12       (H)       (TECHNICAL TITLE CHANGE)                                                                               
02/15/12       (S)       CC RPT ADPTD Y14 N2 E4  CCS HB 311                                                                     
02/15/12       (H)       CC RPT ADPTD Y26 N5 E9  CCS HB 311                                                                     
02/15/12       (H)       HB311 AT 11:30 AM SENATE FINANCE 532                                                                   
                                                                                                                                
WITNESS REGISTER                                                                                                              
                                                                                                                                
No witnesses to record                                                                                                          
                                                                                                                                
ACTION NARRATIVE                                                                                                              
                                                                                                                                
4:23:04 PM                                                                                                                    
                                                                                                                                
CHAIR  MIKE  HAWKER called  the  Conference  Committee  on HB  311                                                            
meeting  to  order   at  4:23  p.m.    Representatives   Kerttula,                                                              
Johnson,  and Hawker,  and Senators  Stevens,  Hoffman, and  Meyer                                                              
were present at the call to order.                                                                                              
                                                                                                                                
                                                                                                                                
                    HB 311 - REPORTS TO APOC                                                                                
                                                                                                                                
4:23:33 PM                                                                                                                    
                                                                                                                                
CHAIR HAWKER  announced that the  only order of business  would be                                                              
HOUSE  BILL  NO. 311,  "An  Act  relating to  certain  information                                                              
filed with  the Alaska  Public Offices  Commission; and  providing                                                              
for an  effective date."   He  noted that  the committee  would be                                                              
operating under  Uniform Rule 42,  Conference and  Free Conference                                                              
Committees.   The  conference committee  has  convened to  resolve                                                              
the differences  between CSHB  311(STA) am,  which has  passed the                                                              
House,  and  SCS  CSHB 311(RLS),  which  has  passed  the  Senate.                                                              
Chair Hawker  explained the procedure  would be for  the committee                                                              
to bring up both  versions of the bill, reject  both versions, and                                                              
then  to request  the powers  of  limited conference.   Under  the                                                              
presumption  that the  Senate  President and  the  Speaker of  the                                                              
House  will grant  the  committee's  request, the  committee  will                                                              
proceed with a proposed committee substitute.                                                                                   
                                                                                                                                
4:24:43 PM                                                                                                                    
                                                                                                                                
SENATOR MEYER moved to accept SCS CSHB 311(RLS).                                                                                
                                                                                                                                
4:24:48 PM                                                                                                                    
                                                                                                                                
CHAIR HAWKER objected.                                                                                                          
                                                                                                                                
4:24:53 PM                                                                                                                    
                                                                                                                                
A roll  call vote was taken.   Representatives Johnson,  Kerttula,                                                              
and Hawker voted  against the motion to accept  SCS CSHB 311(RLS).                                                              
Senators  Hoffman,  Stevens,  and  Meyer  voted in  favor  of  it.                                                              
Therefore  the motion  to accept  SCS  CSHB 311(RLS)  failed by  a                                                              
vote  of 0-3  from the  House  members, and  3-0  from the  Senate                                                              
members.   [Please note that a  majority of the membership  of the                                                              
committee from  each house must be  in agreement in order  to take                                                              
action in a conference committee.]                                                                                              
                                                                                                                                
4:25:26 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE JOHNSON moved to accept CSHB 311(STA) am.                                                                        
                                                                                                                                
4:25:35 PM                                                                                                                    
                                                                                                                                
SENATOR MEYER objected.                                                                                                         
                                                                                                                                
4:25:38 PM                                                                                                                    
                                                                                                                                
A roll  call vote was taken.   Representatives Johnson,  Kerttula,                                                              
and Hawker  voted in favor of  the motion to accept  CSHB 311(STA)                                                              
am.   Senators  Hoffman,  Stevens,  and  Meyer voted  against  it.                                                              
Therefore, the  motion to  accept CSHB 311(STA)  am failed  with a                                                              
vote  of 3-0  from  the  House members  and  0-3 from  the  Senate                                                              
members.   [Please note that a  majority of the membership  of the                                                              
committee from  each house must be  in agreement in order  to take                                                              
action in a conference committee.]                                                                                              
                                                                                                                                
4:26:16 PM                                                                                                                    
                                                                                                                                
SENATOR MEYER moved  to request limited powers  of free conference                                                              
for HB 311.  Hearing no objection, the motion was accepted.                                                                     
                                                                                                                                
REPRESENTATIVE HAWKER  advised that a request letter  was prepared                                                              
and ready for signature by members of the committee.                                                                            
                                                                                                                                
4:27:02 PM                                                                                                                    
                                                                                                                                
The committee took an at-ease from 4:27 p.m. to 4:28 p.m.                                                                       
                                                                                                                                
4:28:37 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE   HAWKER  asked  for   a  motion  contingent   upon                                                              
receiving the powers of limited free conference.                                                                                
                                                                                                                                
4:29:00 PM                                                                                                                    
                                                                                                                                
SENATOR MEYER moved  that contingent upon the  committee receiving                                                              
the powers  of limited  free conference,  the committee  adopt the                                                              
conference  committee substitute  (CCS)  for HB  311, Version  27-                                                              
LS1233\U, Bullard, 2/15/12.                                                                                                     
                                                                                                                                
4:29:16 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  HAWKER objected.   He informed  the committee  the                                                              
conference committee  substitute is the  same as the  bills passed                                                              
both by  the House  and Senate  except for  changes in  Sections 4                                                              
and 7.   The change in Section  4 provides that the  Alaska Public                                                              
Offices  Commission  (APOC), Department  of  Administration  (DOA)                                                              
may  not  change the  manner  or  format  in  which reports  of  a                                                              
candidate are  filed in the middle  of a campaign cycle,  but that                                                              
changes  in   electronic  reporting   must  be  mandated   between                                                              
campaign  cycles.   The change  Section 7  adds Section  4 to  the                                                              
retroactivity  clauses, in order  to make  the active  portions of                                                              
the  bill retroactive  to  12/1/2011,  which would  encompass  the                                                              
current reporting period.                                                                                                       
                                                                                                                                
4:30:40 PM                                                                                                                    
                                                                                                                                
SENATOR  STEVENS observed  that  the intent  has  always been  for                                                              
complete transparency  and honest disclosure in the  reports filed                                                              
with APOC.   However,  he expressed  his belief  that APOC  is not                                                              
ready  to  go  totally  electronic  as  there  are  "bugs  in  the                                                              
system."    Ideally,  an  all-electronic  filing  system  will  be                                                              
easier  for all,  but  there needs  to  be a  one-year  transition                                                              
period,  thus  filing  by  electronic   or  hard  copy  should  be                                                              
accepted through  2/15/13.  Furthermore, APOC should  be placed on                                                              
notice to get its system up and running.                                                                                        
                                                                                                                                
4:32:27 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  HAWKER  agreed.   This  legislation  will  provide                                                              
additional  policy  guidelines on  how  to ensure  that  potential                                                              
candidates  for  state office  are  not disenfranchised  and  that                                                              
APOC uses a best practices mode of operation.                                                                                   
                                                                                                                                
4:33:22 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE    JOHNSON   countered    the   presumption    that                                                              
legislators  believe APOC  is "inherently  bad."   In fact,  state                                                              
employees  in all  departments -  almost without  exception -  are                                                              
hard-working and  dedicated, and this  action is not  a reflection                                                              
on the staff at APOC.                                                                                                           
                                                                                                                                
4:34:11 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  HAWKER  removed his  objection.    There being  no                                                              
further objection,  the committee adopted CCS HB  311, Version 27-                                                              
LS1233\U,   contingent   upon  receiving   the   powers  of   free                                                              
conference.                                                                                                                     
                                                                                                                                
4:35:06 PM                                                                                                                    
                                                                                                                                
ADJOURNMENT                                                                                                                   
                                                                                                                                
There  being  no  further  business   before  the  committee,  the                                                              
Conference  Committee on  HB  331 meeting  was  adjourned at  4:35                                                              
p.m.                                                                                                                            
                                                                                                                                

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