02/04/2014 08:00 AM House COMMUNITY & REGIONAL AFFAIRS

         HB 275-ELECTRONIC DISTRIB. OF REPORTS/NOTICES                                                                      
                                                                                                                                
8:18:11 AM                                                                                                                    
                                                                                                                                
CO-CHAIR LEDOUX announced that the  final order of business would                                                               
be  HOUSE   BILL  NO.  275,   "An  Act  relating   to  electronic                                                               
publication of  certain municipal notices and  to publication and                                                               
electronic distribution of reports by state agencies."                                                                          
                                                                                                                                
8:18:22 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  MIKE HAWKER,  Alaska State  Legislature, speaking                                                               
as sponsor  of HB 275,  informed the  committee that a  couple of                                                               
years ago House  legislation similar to HB 275 died  in the final                                                               
committee of referral  in the Senate.  This  legislation, HB 275,                                                               
mandates  that certain  reports  prepared by  state agencies  are                                                               
distributed  electronically  rather  than published  in  a  paper                                                               
format and  are readily accessible  on the state's  online public                                                               
notice  system.   He acknowledged  that  the legislature  created                                                               
this  problem  by  mandating  that  the  state  agencies  produce                                                               
reports.   Rather  than doing  an  inventory of  the reports  and                                                               
determining what  is or  is not of  continuing relevance,  HB 275                                                               
proposes  to  make  publishing of  the  reports  more  efficient,                                                               
effective,  and less  expensive by  using electronic  publishing.                                                               
Municipalities  in the  state, specifically  the Municipality  of                                                               
Anchorage, have requested  the second component of  HB 275, which                                                               
allows municipalities  to adopt  ordinances that would  allow the                                                               
municipality  to post  their own  public  notices on  a web  site                                                               
available to  the public rather  than having  to print them  in a                                                               
newspaper of  general distribution.   Representative  Hawker then                                                               
directed attention  to the sectional  analysis and  reviewed that                                                               
Sections 1-3  are about the aforementioned  municipal provisions.                                                               
Section 4  adds the electronic  reports of state agencies  to the                                                               
list of  items to be placed  on the state's online  public notice                                                               
system  maintained  by  the  lieutenant   governor.    Section  5                                                               
addresses  the  electronic distribution  and  posting.   He  then                                                               
emphasized that it's difficult to  know the impact of the mandate                                                               
in  HB 275  on each  state  agency.   Therefore, the  legislation                                                               
includes  particular  exceptions  on  page 5,  lines  1-6.    The                                                               
language on  page 5,  lines 13-17,  specifies that  the use  of a                                                               
professional contracted photographer [for  the graphic design and                                                               
photographs] of the report is  only allowed if no other qualified                                                               
agency employee is available or if  it would be cheaper to hire a                                                               
contractor.   He then reviewed  the definitions provided  on page                                                               
5, lines 18-26.  He noted  that HB 275 includes two fiscal notes,                                                               
including one  from the  Office of  the Lieutenant  Governor that                                                               
specifies HB  275 can be  implemented with no  additional changes                                                               
for use of the online public  use system.  The second fiscal note                                                               
specifies that  HB 275  creates no  cost to  the state,  but will                                                               
have cost savings albeit an unknown amount.                                                                                     
                                                                                                                                
8:28:42 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  HERRON  related  his understanding  that  HB  275                                                               
implies that  municipalities can  publish both the  newspaper and                                                               
electronic public notice.                                                                                                       
                                                                                                                                
REPRESENTATIVE HAWKER  explained that  the concept is  to empower                                                               
municipalities  to  make  the decision  because  statute  already                                                               
specifies that  municipalities must publish notice  in newspapers                                                               
of general  circulation.  He stated  his belief in the  state not                                                               
making  mandates.   This legislation  doesn't mandate  that every                                                               
municipality in  the state subject  to these  publication notices                                                               
establish  an  Internet  web  site.    In  specific  response  to                                                               
Representative  Herron,  Representative   Hawker  confirmed  that                                                               
municipalities can  both [publish the  notice in a  newspaper and                                                               
electronically].                                                                                                                
                                                                                                                                
8:30:18 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE HERRON referred  to the language on  page 2, lines                                                               
23-24, which read:  "a  municipality may by ordinance provide for                                                           
electronic   publication  by   posting  the   notice  for   three                                                           
consecutive weeks  on a municipal Internet  website accessible to                                                           
the public".   He then asked if the language  could be changed to                                                           
refer to 21 consecutive days.                                                                                                   
                                                                                                                                
REPRESENTATIVE HAWKER  answered that [the committee  could change                                                               
the language] to whatever suits its pleasure.                                                                                   
                                                                                                                                
8:30:48 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE HERRON asked if there  has been any push back from                                                               
small businesses  in terms of  a reduction in the  advertising of                                                               
small businesses.                                                                                                               
                                                                                                                                
REPRESENTATIVE  HAWKER  pointed  out   that  this  is  the  first                                                               
committee of referral for HB 275  and he hasn't received any push                                                               
back at  this time.   However, he  noted his expectation  to hear                                                               
from those entities that run  the publishing corporations as it's                                                               
in  their  best interest  to  have  special interest  legislation                                                               
supporting their  business, although he  wasn't sure it's  in the                                                               
[state's] best interest to do so.                                                                                               
                                                                                                                                
8:31:41 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE REINBOLD characterized HB  275 as a positive step,                                                               
noting that the  private sector has already  been addressing such                                                               
matters.                                                                                                                        
                                                                                                                                
REPRESENTATIVE HAWKER  commented that  HB 275 addresses  just the                                                               
tip of the  iceberg, but is a realistic and  appropriate place to                                                               
start.                                                                                                                          
                                                                                                                                
8:32:27 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  FOSTER  agreed  with the  sponsor  regarding  the                                                               
thick   annual  reports   and  fancy   photographs  that   aren't                                                               
necessary.    However,  he expressed  concern  with  those  rural                                                               
communities that don't  have access to the  Internet.  Therefore,                                                               
he inquired  as to the  sponsor's thoughts on  the aforementioned                                                               
situation  and perhaps  exempting  those  communities of  certain                                                               
smaller size.                                                                                                                   
                                                                                                                                
REPRESENTATIVE  HAWKER  said  although he  shares  Representative                                                               
Foster's concern,  he believes  the permissive  nature of  HB 275                                                               
accommodates  that  concern.     The  legislation  exempts  those                                                               
communities that want to be  exempted while empowering those that                                                               
wish   to  utilize   the   Internet   for  online   publications.                                                               
Representative  Hawker clarified  that he  doesn't want  to guess                                                               
the needs  or wishes of any  communities, which is why  HB 275 is                                                               
permissive and  doesn't impose  a mandate on  either side  of the                                                               
issue.                                                                                                                          
                                                                                                                                
8:35:49 AM                                                                                                                    
                                                                                                                                
CO-CHAIR LEDOUX posed a scenario  in which there is a foreclosure                                                               
and  related her  assumption  that the  individual  who is  being                                                               
foreclosed  on would  receive written  notice through  the postal                                                               
service not just Internet notice.                                                                                               
                                                                                                                                
REPRESENTATIVE HAWKER  clarified that  HB 275 only  addresses the                                                               
municipal  entity that  might be  foreclosing  posting notice  of                                                               
redemption periods and such and has  nothing to do with the legal                                                               
process of  executing a foreclosure.   He further  clarified that                                                               
all of the legal actions and  notices required to be delivered to                                                               
the   involved   parties  are   unaffected   by   HB  275,   only                                                               
municipalities'   publishing   public  notices   regarding   that                                                               
activity are impacted.                                                                                                          
                                                                                                                                
8:37:17 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE FOSTER  then expressed  concern that  the proposal                                                               
in HB 275 changes public notice to a public search.                                                                             
                                                                                                                                
REPRESENTATIVE HAWKER  said that he  holds that concern  as well.                                                               
In conversations with [the operator  of] the online public notice                                                               
system, he said the concept would  be that they would publish the                                                               
notice and maintain an index that  would make it easier to locate                                                               
and identify  these reports.   He emphasized that  it's incumbent                                                               
upon the  state to continue  to recognize  the need to  make this                                                               
information readily accessible to the  public in a format that is                                                               
intuitive and easy to access.                                                                                                   
                                                                                                                                
8:39:41 AM                                                                                                                    
                                                                                                                                
CO-CHAIR LEDOUX opened public testimony.                                                                                        
                                                                                                                                
8:42:06 AM                                                                                                                    
                                                                                                                                
KATHIE  WASSERMAN, Executive  Director,  Alaska Municipal  League                                                               
(AML),  thanked  Representative  Hawker for  sponsoring  HB  275,                                                               
particularly  as it  provides communities  the ability  to decide                                                               
what  works  best  for them.    She  acknowledged  Representative                                                               
Foster's  concerns,   but  pointed  out  that   the  smaller  the                                                               
communities, the  more contact the  city employees have  with the                                                               
public on  a day-to-day basis.   Therefore, when  something isn't                                                               
properly posted  [in smaller  communities], one  suffers mightily                                                               
for it.   Ms.  Wasserman noted  that the majority  of her  job is                                                               
spent  helping   municipalities  operate  more   efficiently  and                                                               
effectively.   She opined  that although the  proposal in  HB 275                                                               
may be ahead of its time  for some of the smaller communities, it                                                               
is needed and  AML stands ready to help  communities work through                                                               
this proposal.  In conclusion,  Ms. Wasserman related support for                                                               
HB 275.                                                                                                                         
                                                                                                                                
8:44:56 AM                                                                                                                    
                                                                                                                                
CO-CHAIR LEDOUX, upon determining no  one else wished to testify,                                                               
closed public testimony.                                                                                                        
                                                                                                                                
8:45:13 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE HAWKER noted his  appreciation for the committee's                                                               
consideration of HB 275.                                                                                                        
                                                                                                                                
8:45:30 AM                                                                                                                    
                                                                                                                                
CO-CHAIR LEDOUX remarked that she really likes HB 275.                                                                          
                                                                                                                                
8:46:14 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE HAWKER,  speaking to an amendment  included in the                                                               
committee  packet,  acknowledged  that the  language  "without  a                                                               
specific request"  on page 5, lines  20-21, is a bit  vague.  The                                                               
language is meant to address  those things agencies generate that                                                               
one doesn't call up and request.   There was the thought that the                                                               
language  might be  redundant  because the  language  on page  5,                                                               
lines 5-6,  provides the  head of  an agency  or its  designee to                                                               
operate  its  agency.    Representative Hawker  said  he  had  no                                                               
problem with passing the amendment.                                                                                             
                                                                                                                                
8:47:40 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE REINBOLD  moved to adopt the  following amendment,                                                               
labeled 288-LS0999\C.1, Nauman, 1/31/14:                                                                                        
                                                                                                                                
     Page 5, lines 20 - 21;                                                                                                     
          Delete "without a specific request"                                                                                   
                                                                                                                                
CO-CHAIR LEDOUX  objected for discussion  purposes.   There being                                                               
no discussion, Co-Chair LeDoux withdrew her objection.                                                                          
                                                                                                                                
There being no further objection, the amendment was adopted.                                                                    
                                                                                                                                
8:48:12 AM                                                                                                                    
                                                                                                                                
CO-CHAIR  NAGEAK moved  to  report  HB 275,  as  amended, out  of                                                               
committee  with individual  recommendations and  the accompanying                                                               
fiscal  note.    There  being no  objection,  CSHB  275(CRA)  was                                                               
reported from  the House Community and  Regional Affairs Standing                                                               
Committee.