Legislature(2003 - 2004)
04/06/2004 04:21 PM Senate FIN
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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
SENATE BILL NO. 351
"An Act requiring the Alaska Public Offices Commission to
accept documents by nonelectronic means."
This was the first hearing for this bill in the Senate Finance
Committee.
Co-Chair Wilken stated this bill "broadens the acceptable format
for the filing of APOC [Alaska Public Offices Commission] mandatory
reports. It's sponsored by the Senate Finance Committee."
Senator B. Stevens moved to adopt CS SB 351, 23-LS1742\I as a
working draft.
There was no objection and the committee substitute was ADOPTED.
Co-Chair Green testified that when she received notice that further
filings of public office information must be through electronic
methods, she was "shocked". She remarked that campaigns should have
the option of filing by either hard copy or electronic means,
provided that the filing is on time and correct. She stated that
the Alaska Public Offices Commission (APOC) prefers electronic
filing to eliminate the process of transferring information from
hard copy and subsequently make the information available to the
public immediately. She disagreed this was an issue. She predicted
that electronic requirement would be a deterrent for some to file
for public office. She relayed that APOC is still in the process of
developing electronic filing methods and could be couple more years
before established. Regardless, she opined that flexibility should
be provided for those to file either electronically or hard copy.
Senator Bunde relayed discussion about electronic voting and the
need for a paper trail. He asked how this would be assured for APOC
information.
BROOK MILES, Executive Director, Alaska Public Offices Commission,
Department of Administration, testified via teleconference from an
offnet location that although she appreciated Co-Chair Green and
her staff's professionalism and cooperation, APOC opposes this
legislation. She reminded that in 2003 the legislature passed SB
219, relating to campaign finance reform, after undergoing public
process. She stated that full disclosure of all campaign
contributions are now required of campaigns. She noted that bill
provided a $450,000 capital appropriation for APOC to update the
existing electronic filing system and to develop new procedures.
She added that she supported the retention of the mandatory
electronic filing for lobbyists.
Ms. Miles spoke to the requirement to fully disclose all
contributions under the new statute. She noted that certain
political groups, such as labor unions, garner frequent contributes
in smaller amounts, thus generating lengthy reports which APOC is
required to process. She told of other significant information that
APOC staff must enter into a database. She informed that today, the
computer program was unable to access the system due to the high
number of other users. She qualified that it is an election day for
the Municipality of Anchorage. However, she emphasized the
Commission operates with a limited budget, with current funding
reductions resulting a 20 percent reduction to personal services.
Ms. Miles informed that the project to convert to an electronic
filing method is underway with planned completion for the
gubernatorial election in 2006. She expressed concern that using
the current paper method with the changed campaign finance statutes
would result in the inability to have information available to the
public before elections occur. She relayed the fundamental
philosophy that to be fully accessible to the public, APOC
information must be available on the Internet.
Ms. Miles directed attention to the indeterminate fiscal note
submitted by APOC, stating that the number of campaigns that would
choose electronic filing is unknown. She listed the number of
candidates and groups currently filing electronically.
Senator Bunde stated he derived comfort from walking into the APOC
office, having his information date stamped and receiving a stamped
copy for his records. He also relayed fears of losing work done on
his computer. He asked how filers would receive assurance that
information submitted was received.
Ms. Miles replied that confirmation of received information is sent
to the filer via email. She compared this to purchases made through
the Internet, whereby buyers receive an email confirmation of their
order. She furthered that the filer is also able to print a hard
copy of reports and that reports would be printed out by APOC to
ensure a "paper trail".
Co-Chair Wilken shared that he attempted to file electronically in
the year 2000, but encountered difficulties with the system
database. He stated he has since filed manually. He asked if the
database has been changed to be more user friendly.
Ms. Miles assured the upgrade project would be more user friendly.
She described the planned web based system that would prompt filers
based on the answers to specific questions.
Co-Chair Wilken asked when the new system would be operational and
implemented.
Ms. Miles replied the intent is to be implemented for the 2006
gubernatorial election.
Co-Chair Wilken clarified that the system would not be operational
for the current year elections.
Ms. Miles affirmed.
Co-Chair Wilken asked how campaigns were to file electronically
this year.
Ms. Miles replied that the existing, albeit rudimentary, electronic
filing system remains operational until a new system is in place.
She pointed out that filing could still be done manually this year.
Co-Chair Wilken asked if campaigns filing electronically could
access and update information from previous years to avoid
"starting all over again" each year.
Ms. Miles affirmed this is the focus of the project.
Co-Chair Wilken commented that as the system becomes more user
friendly it provides incentive for use. He asked whether the
Commission has considered imposing a surcharge for those who opt to
file manually.
Ms. Miles indicated this would be an appropriate option for the
Senate Finance Committee to consider.
Co-Chair Wilken asked the difference in expense of a manual filing
and a recommended surcharge amount.
Ms. Miles replied she would calculate this and provide information
to the Committee.
Senator Bunde commented that other State operations, such as the
issuance of business licenses are self-supporting and he suggested
APOC could implement filing fees and also become self-supporting.
Co-Chair Green announced that she was unaware the electronic filing
requirement would not take effect until the elections of 2006 and
she therefore had the option to file manually this year. She
remarked that if she had understood this she would not have
sponsored this legislation.
Ms. Miles apologized for the misunderstanding and emphasized that
although she had directed APOC staff to encourage electronic
filing, staff was not to instruct campaigns that it was required.
Co-Chair Wilken clarified that the requirement for electronic
filing would not be in effect until the year 2006.
Ms. Miles responded this is the intent but she stressed that
electronic filing would not be required until a new system is in
place and not before the 2006 election. She noted that projects
sometimes take longer to complete than planned.
Senator B. Stevens offered a motion to move CS SB 351, 23-LS1742\I
from Committee as amended, with individual recommendations and
accompanying fiscal note.
There was no objection and CS SB 351 (FIN) MOVED from Committee
with fiscal note #1 from the Department of Administration in an
indeterminate amount.
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